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Home My WebLink About2025-08-14 Council Agenda PacketThursday, August 14, 2025 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President - Mike Karbassi Vice President - Miguel Angel Arias Councilmembers: Annalisa Perea, Tyler Maxwell, Brandon Vang, Nick Richardson, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, MMC Meeting Agenda - Final-revised Regular Meeting 08/14/2025 MA/NE 7-0 APPROVED AS AMENDED August 14, 2025City Council Meeting Agenda - Final-revised The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. PUBLIC PARTICIPATION – Public participation during Fresno City Council meetings is always encouraged and can occur by attending a meeting in the Council Chambers on the 2nd floor of City Hall located at 2600 Fresno Street, Fresno, CA 93721. To be called to speak during a meeting, please fill out a speaker card (located throughout the chamber) and place it in the speaker card collection basket at the front of the chamber. You may also approach the speaker podium upon the Council President’s call for any additional public comment. Unless otherwise announced, all public speakers will have up to 3 minutes to address Council pursuant to Rule No. 10 of the Rules of Procedure for the City Council of the City of Fresno (available in the City Clerk’s Office). SUBMIT WRITTEN PUBLIC COMMENTS - Pursuant to Rule 11 (c) of the Rules of Procedure, no documents shall be accepted for Council review unless submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Documents / written comments related to an agenda item can be submitted by one of the following methods: 1) eComment – eComment allows the public to submit agenda related comments through a website prior to the meeting. Submitted comments are limited to 1440 characters and will be a part of the official record. a) Submit an e-Comment by visiting https://fresno.legistar.com/Calendar.aspx and selecting the “eComment” link. b) e-Comment is available for use upon publication of the agenda and closes 24 hours prior to the meeting start time [pursuant to Rule 11(c)]. c) e-Comment is not permitted for Land use or CEQA items. d) The e-Comment Electronic User Agreement can be viewed at: https://www.fresno.gov/cityclerk/#information 2) E-mail – Agenda related documents and comments can be e-mailed to the Office of the City Clerk at least 24 hours prior to the agenda item being heard, pursuant to Rule 11(c). a) E-mail the Clerk’s Office at clerk@fresno.gov b) E-mails should include the agenda date, and the related agenda item number. Page 2 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience, there are several ways to view Fresno City Council meetings live: 1) City of Fresno website: https://fresno.legistar.com/Calendar.aspx (click “In Progress” to view the live meeting). 2) Community Media Access Collaborative website: https://cmac.tv/gov/ 3) YouTube - City of Fresno Council, Boards and Commissions Channel: https://www.youtube.com/@cityoffresnomeetings/streams 4) Facebook: https://www.facebook.com/FresnoCA/videos 5) Cable Television: Comcast Channel 96 and AT&T Channel 99 6) Zoom: https://fresno.zoomgov.com/webinar/register/WN_7xJBW8h2QuKtZpm1lt1kdQ Should any of the viewing methods above experience technical difficulties, the Council meeting will continue uninterrupted. Meetings will only be paused to address verified technical issues that interrupt public participation during meetings. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA). If reasonable ADA accommodations are needed, including sign language interpretation, contact the Office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. Also contact the Office of the City Clerk if spoken language translation is required. Accommodation and language requests should be made a minimum of three business days prior to the scheduled meeting. GOVERNMENT CODE 84308 CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURES - The Political Reform Act of 1974 (Act) restricts campaign contributions over $500 to a decision-making public official from a party or participant, or their agent, in a proceeding involving a license, permit, contract, or entitlement for use. The Act requires disclosure of the contribution and creates a conflict where a decision-maker has received $500 or more from a party or participant to a proceeding in the prior 12 months. A decision-maker must disclose on the record during the proceeding that they have received contributions from a party, participant, or agent of a party or participant, greater than $500 within the preceding 12 months and the name(s) of the contributor(s). (See 2 CCR 18438.8(a).) Parties to a proceeding are required to disclose on the record if they made contributions over $500 to a decision-maker within the prior 12 months, and are prohibited from making contributions to a decision-maker during the proceeding and for 12 months after the date a final decision is rendered on the proceeding. Page 3 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised 9:14 A.M. ROLL CALL Invocation Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS Proclamation of “Marek Warszawski Day”ID 25-1089 Sponsors:Vice President Arias Proclamation for “California Fresh Farmers Market Association - River Park Farmers Market” ID 25-996 Sponsors:Councilmember Richardson Proclamation for “Immunization Awareness Month”ID 25-1028 Sponsors:Councilmember Esparza COUNCILMEMBER REPORTS AND COMMENTS MAYOR/MANAGER REPORTS AND COMMENTS 1. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:10 A.M. HEARING to consider an appeal regarding the denial of Conditional Use Permit Application No. P24-01344, requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold) at an existing business located at 2717 North Hughes Avenue, between North Weber and West Princeton Avenues (Council District 1) 1. CONSIDER the Appellant’s appeal of the denial of Conditional Use Permit Application No. P24-01344 requesting authorization to establish a State of California ID 25-795 Page 4 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold) at an existing business. Sponsors:Planning and Development Department 9:15 A.M. #1 HEARING to Consider Annexation Application No. P24-04526; Pre-zone Application No. P24-04527; Vesting Tentative Tract Map No. 6502; Planned Development Permit Application No. P25-00027; and related Environmental Assessment No. T-6502/P24-04526/P24-04527/P25-00027 for approximately 39.51 acres of property located on the north side of East McKinley Avenue, between North Temperance and North De Wolf Avenues (Council District 7) - Planning and Development Department. 1.ADOPT - Mitigated Negative Declaration prepared for Environmental Assessment No. T-6502/P24-04526/P24- 04527/P25-00027 dated July 16, 2025, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. 2.RESOLUTION - Approving Annexation Application No. P24-04526 (for the McKinley-Temperance No. 1b Reorganization) proposing detachment from the Kings River Conservation District and Fresno County Fire Protection District and annexation to the City of Fresno. 3.BILL - (for Introduction and Adoption) - Approving Pre-zone Application No. P24-04527 proposing to pre-zone approximately 23.56 acres of the subject property from the Fresno County AE-20 (Exclusive Agricultural) zone district to the City of Fresno RS-4 (Single-Family Residential, Medium Low Density) zone district; and approximately 15.50 acres of the subject property from the Fresno County AE-20 (Exclusive Agricultural) zone district to the City of Fresno OS (Open Space) zone district. 4.APPROVE - Vesting Tentative Tract Map No. 6502 proposing to subdivide approximately 23.56 acres of property into a 119-lot single-family residential development, subject to compliance with the Conditions of Approval dated August 6, ID 25-1008 Page 5 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised 2025, and contingent upon approval of Annexation Application No. P24-04526, Pre-zone Application No. P24- 04527 and the related environmental assessment. 5.APPROVE - Planned Development Permit Application No. P25-00027 proposing to modify the RS-4 zone district development standards, for 28 of the proposed lots, to allow for private gated streets; a reduction in the minimum lot size, width, and depth; a reduction in the minimum garage, street side yard, and rear yard setbacks; and, an increase in the maximum lot coverage requirement, subject to compliance with the Conditions of Approval dated August 6, 2025, and contingent upon approval of Annexation Application No. P24- 04526, Pre-zone Application No. P24-04527, Vesting Tentative Tract Map No. 6502 and the related environmental assessment. Sponsors:Planning and Development Department 9:15 A.M. #2 HEARING to consider adoption of a resolution designating a property to the Local Register of Historic Resources. 1.RESOLUTION - Designating the Property Located at 1844 S Cherry Avenue to the Local Register of Historic Resources (Council District 3) ID 25-1017 Sponsors:Planning and Development Department 9:20 A.M. HEARING to Consider Annexation Application No. P21-05778; Pre-zone Application No. P21-05870; Development Permit Application No. P23-00149; and related Environmental Assessment No. P21-05778/P21-05870/P23-00149 for ±80.91 acres of property located on the west side of South Cherry Avenue between East North and East Central Avenues (Council District 3) 1.ADOPT - Mitigated Negative Declaration prepared for Environmental Assessment No. P21-05778/P21-05870/P23- 00149 dated May 22, 2025, for the proposed project pursuant ID 25-1026 Page 6 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised to California Environmental Quality Act (CEQA) Guidelines. 2.RESOLUTION - Approving Annexation Application No. P21-05778 (for the North-Cherry No. 3b Reorganization) proposing detachment from the Kings River Conservation District and Fresno County Fire Protection District and annexation to the City of Fresno. 3.BILL - (for Introduction and Adoption) - Approving Pre-zone Application No. P21-05870, requesting authorization to amend the Official Zoning Map of the City of Fresno to pre-zone the subject property from the Fresno County AL 20 (Limited Agricultural) zone district (±51.72 acres) to the City of Fresno IH (Heavy Industrial) zone district ( ±15.95 acres) and ; and City of Fresno IH/ANX (Heavy Industrial/Annexed Rural Residential Transitional Overly) zone district (±35.77 acres). 4.APPROVE - Development Permit Application No. P23- 00149, requesting authorization to construct a long-term regional facility for the purpose of providing less-than-truckload freight services, subject to compliance with the Conditions of Approval dated June 18, 2025, and contingent upon approval of Annexation No. P21-05778, Pre-zone Application No. P21-05870 and the related environmental assessment. Sponsors:Planning and Development Department 9:25 A.M. JOINT MEETING WITH THE FRESNO JOINT POWERS FINANCE AUTHORITY Actions pertaining to issuance and sale of Series 2025 Lease Revenue Bonds for Public Safety projects: 1.***RESOLUTION - Approving the issuance by the Fresno Joint Powers Financing Authority of lease revenue bonds in a principal amount not to exceed an aggregate $60 million, authorizing the execution and delivery of a master facilities lease, a master facilities sublease, a bond purchase agreement, an official statement and a continuing disclosure certificate; and authorizing execution of documents and the taking of all necessary actions relating to the financing. (City ID 25-1059 Page 7 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised action) (Requires 5 affirmative votes) (Subject to Mayor’s veto) 2.RESOLUTION of the Fresno Joint Powers Financing Authority authorizing the issuance and sale of Lease Revenue Bonds (Public Safety Projects) series 2025, authorizing the execution and delivery of a trust agreement, a master facilities lease, a master facilities sublease, a bond purchase agreement, and an official statement, and authorizing the taking of all necessary actions relating to issuance of the bonds. (Joint Powers Financing Authority action) 3.***RESOLUTION - Authorizing the release of facilities and amendment of the Master Facilities Lease and Master Facilities Sublease relating to the Fresno Joint Powers Authority lease revenue bonds and approving the taking of all necessary or desirable actions in connection therewith. (City action) (Requires 5 affirmative votes) (Subject to Mayor’s veto) 4.RESOLUTION of the Fresno Joint Powers Financing Authority authorizing the release of facilities and amendment of the Master Facilities Lease and Master Facilities Sublease relating to the Fresno Joint Powers Authority lease revenue bonds and approving the taking of all necessary or desirable actions in connection therewith. (Joint Powers Financing Authority action) Sponsors:Finance Department 10:00 A.M. Appearance by John Culwell regarding “Alternative Methods to Chicken Ordinance” (District 6 Resident) ID 25-1012 Sponsors:Office of the City Clerk 10:03 A.M. Appearance by Debbie Nard regarding “Adequate Public Notice for Text Amendment P24-00794” (District 2 Resident) ID 25-1046 Sponsors:Office of the City Clerk Page 8 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised 10:06 A.M. Appearance by Paula Moradian regarding “Prospect Apartments” (District 2 Resident) ID 25-1054 Sponsors:Office of the City Clerk 10:09 A.M. Appearance by Dennis Nard regarding “Prospect Apartment Project” (District 2 Resident) ID 25-1065 Sponsors:Office of the City Clerk 10:12 A.M. Appearance by Suzan Griffin regarding “Prospect Apartments” (District 2 Resident) ID 25-1066 Sponsors:Office of the City Clerk 10:15 A.M. Appearance by Tom Griffin regarding “Prospect Apartments” (District 2 Resident) ID 25-1067 Sponsors:Office of the City Clerk 2. CONSENT CALENDAR Approval of the Minutes for July 17, 2025, Regular Meeting, and July 28, 2025, Special Meeting ID 25-10962.-A. Sponsors:Office of the City Clerk Reject all bids received for Convention Center Management Services. (Bid File 12501852) (Council District 3) ID 25-11052.-B. Sponsors:Office of Mayor & City Manager Approve a Property Tax Allocation Agreement between the City of Fresno and the Fresno County Fire Protection District for a period of 10 years, effective through August 18, 2035 ID 25-10932.-C. Sponsors:Office of Mayor & City Manager Page 9 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised Approve Contract Change Order No. 04 in the amount of $92,731.92, with no additional working days for overruns of various bid item quantities, additional roadway excavation for areas not included in the original contract, and the addition of sod to restore homeowners’ disturbed lawns with Avison Construction, Inc. of Madera, California for the Muir Elementary Safe Routes Project - Project ID PW00893. (Bid File 12301163-12561) (Council District 3) ID 25-10322.-D. Sponsors:Capital Projects Department and Public Works Department Approve Contract Change Order No. 5 in the amount of $122,470.55, with fifty-eight (58) additional working days for additional improvements to Les Kimber Park for the installation of one monument sign, the redesign at the intersection of West Creek Village and Church Avenue, storm drain adjustments on the west side of the project, the installation of one four-inch water service and the installation of shotcrete at the play area with Avison Construction Company, Incorporated of Madera, California for the Transformative Climate Communities Park at MLK Magnet Core Project - Project ID PW00857. (Bid File 12302905) (Council District 3) ID 25-10342.-E. Sponsors:Capital Projects Department and Public Works Department Actions pertaining to a Lease Agreement between the City of Fresno and Bericon Partners, LLC for office space located at 5051-5059 East McKinley Avenue (Council District 4): 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines 2.Approve a lease agreement between the City of Fresno and Bericon Partners, LLC, a California limited liability company, to lease office space for one year with an option to extend for two additional one-year terms, starting at $58,059 a year with a 1.5% annual increase, totaling $176,802 over three years in rent plus the City’s proportionate share of utility costs ID 25-9592.-F. Sponsors:General Services Department Page 10 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised Actions pertaining to a Lease Agreement between the City of Fresno and River Park Properties III, for real property located at 2314 Mariposa Street, Fresno, CA 93721 for the Police Department as a new Headquarters (Council District 3): 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines 2.Approve a 21-year lease agreement between the City of Fresno and River Park Properties III, a California limited partnership, to lease real property for the purpose of a new Police Department Headquarters, starting at $0 in the first year, then $1,285,598 annually for years two through six, subject to a 10% increase every fifth year thereafter, totaling $29,838,618 over 21 years in rent plus operating costs ID 25-10562.-G. Sponsors:General Services Department and Police Department ***RESOLUTION - Authorizing the City Manager or their designee to accept $500,000 in total Grant Funds and approving the application for grant funds for the Youth Community Access Program (Citywide) (Subject to Mayor’s Veto) ID 25-10712.-H. Sponsors:Parks, After School and Recreation and Community Services Department Actions pertaining to Professional Consultant Services for National Environmental Policy Act (NEPA) Assessment and Compliance Documents (Bid File 12502412): 1.Approve the Consultant Services Agreement with SWCA, Inc. dba SWCA Environmental Consultants, in the amount not to exceed $500,000, to provide environmental consulting services for the Community Development Division, U.S. Department of Housing and Urban Development funded projects, programs, and activities through June 30, 2030. ID 25-8812.-I. Sponsors:Planning and Development Department ***RESOLUTION - Authorizing application for and acceptance of funding from the Permanent Local Housing Allocation (PLHA) Program of the California Housing and ID 25-10032.-J. Page 11 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised Community Development Department for the development of affordable multi-family and single-family housing, owner-occupied home rehabilitation, and down payment assistance to benefit low- and moderate-income persons, and authorizing the City Manager, or designee, to sign all necessary implementing documents. (Subject to Mayor’s Veto) Sponsors:Planning and Development Department Actions pertaining to Annexation Application No. P25-00756, relating to approximately 2.00 acres of the East Belmont and North Minnewawa Avenues right-of-way between North Dewitt and North Bush Avenues (Council District 7) 1.ADOPT - Environmental Assessment No. P25-00756 dated August 14, 2025, a finding that the proposed Project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). 2.RESOLUTION - Authorizing the City Manager or designee to initiate the annexation of the “Belmont-Minnewawa Avenues Reorganization” with the Fresno Local Agency Formation Commission (“LAFCO”) ID 25-10582.-K. Sponsors:Planning and Development Department and Public Works Department Actions pertaining to Annexation Application No. P25-00757, relating to approximately 0.84 acres of the East Clinton Avenue right-of-way between North Millbrook Avenue and North Sixth Street (Council District 4) 1.ADOPT - Environmental Assessment No. P25-00757, a finding that the proposed Project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), dated August 14, 2025. 2.RESOLUTION - Authorizing the City Manager or designee to initiate the annexation of the “Clinton-Millbrook Avenues Reorganization” with the Local Agency Formation Commission (“LAFCO”) ID 25-10602.-L. Page 12 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised Sponsors:Planning and Development Department and Public Works Department Approve the Second Amendment to the Requirements Contract with Kemira Water Solutions, Inc., a Delaware corporation, to increase the not-to-exceed amount by $1,703,279.59 and increase the total contract amount not-to-exceed $9,721,461.39, for the fifth and final year of the Contract to purchase ferric chloride and authorize the Director of Public Utilities, or designee, to sign the second amendment on behalf of the City. Bid File 9562 (Citywide) ID 25-10692.-M. Sponsors:Department of Public Utilities Approve the Fifth Amendment to the Consultant Services Agreement with CDM Smith, Inc., of Concord, California, in the amount of $383,798.00, to increase the total contract amount to $2,300,691.00, and extend the term of the Agreement to January 31, 2026 for the Groundwater and Landfill Remediation Services at the City of Fresno Sanitary Landfill. (Council District 3) ID 25-10332.-N. Sponsors:Department of Public Utilities Approve the Cooperative Purchase Agreement with The Drala Project, Inc., dba The Redesign Group, for the purchase of enterprise-grade service and storage units for Supervisory Control and Data Acquisition (SCADA) System Upgrades, for an amount not to exceed $519,302.00, through California Participating Addendum No. 7-23-70-55-01 under NASPO ValuePoint Master Agreement No. 23026 with Dell Marketing L.P. ID 25-10362.-O. Sponsors:Department of Public Utilities and Information Services Department RESOLUTION - Of Intention to Annex the Territory Known as Assessor’s Parcel No. 433-485-13 as Annexation No. 70 to the City of Fresno Community Facilities District No. 9 and to Authorize the Levy of Special Taxes; and setting the Public Hearing for Thursday, September 11, 2025, at 9:10 am. (Northwest corner of North Marty Avenue and West Shields ID 25-10232.-P. Page 13 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised Avenue) (Council District 1) Sponsors:Public Works Department ***RESOLUTION - Authorizing the execution of Master Agreements, Award Agreements and Program Supplements for state-funded transit projects related to state transportation assistance authorized and administered by The California Office of Emergency Services (Cal OES), The California State Transportation Agency (CalSTA), or The California Department of Transportation (Caltrans). (Subject to Mayor’s Veto) ID 25-9992.-Q. Sponsors:Department of Transportation ***RESOLUTION - Naming the 49-Acre Park at 2155 South Peach Ave. “Southeast Fresno Sports Complex” (Subject to Mayor’s Veto) ID 25-10742.-R. Sponsors:Councilmember Vang and Office of Mayor & City Manager ***RESOLUTION - Directing the City Manager to take all Steps Necessary to Conduct a Fee Analysis Detailing the Costs Associated with Administering and Enforcing a Proposed Tobacco Retail License Program and to Recommend Associated Fees for Adoption by the City Council (Subject to Mayor’s Veto) ID 25-9042.-S. Sponsors:Councilmember Esparza ***RESOLUTION - Discontinuing Enforcement of the No Parking Ordinance in the Lowell Neighborhood (Subject to Mayor’s Veto) ID 25-11142.-T. Sponsors:Vice President Arias CONTESTED CONSENT CALENDAR 3. GENERAL ADMINISTRATION UNSCHEDULED COMMUNICATION Public Comment Received - Accepted by Council PresidentID 25-1151 Sponsors:Office of the City Clerk Page 14 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING 4. CITY COUNCIL Update on the Disposition and Development Agreement between the City of Fresno and Uptown, LP for the Uptown Apartments housing development project ID 25-11154.-A. Sponsors:Vice President Arias Update on the Disposition and Development Agreement between the City of Fresno and 2500 MLK, LLC., for the West Creek Village housing development ID 25-11164.-B. Sponsors:Vice President Arias 5. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Anthony Garcia; Sumeet Malhi Employee Organization(s): 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 202, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 202, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA). 11. Employee Organization(s): Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager, Assistant City Attorney, Assistant City Manager, Assistant Controller, Assistant Director, Assistant Director of Personnel Services, Assistant Director of Public Utilities, Assistant Director of Public Works, Assistant Police Chief, Assistant ID 25-10955.-A. Page 15 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised Retirement Administrator, Background Investigator, Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief Information Officer, Chief Labor Negotiator, Chief of Staff to Councilmember, Chief of Staff to the Mayor, City Attorney (City Negotiator, Council President Karbassi), City Attorney Investigator, City Clerk (City Negotiator, Council President Karbassi), City Engineer, City Manager (City Negotiator, Mayor Dyer), Community Coordinator, Community Outreach Specialist, Controller, Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy City Manager, Director, Director of Aviation, Director of Development, Director of Personnel Services, Director of Public Utilities, Director of Transportation, Economic Development Coordinator, Economic Development Director, Executive Assistant to Department Director, Executive Assistant to the City Attorney, Executive Assistant to the City Council, Executive Assistant to the City Manager, Executive Assistant to the Mayor, Fire Chief, Governmental Affairs Manager, Human Resources Manager, Independent Reviewer, Internal Auditor, Investment Officer, Management Analyst II, Payroll Accountant, Payroll Manager, Police Chief, Principal Budget Analyst, Principal Internal Auditor, Principal Labor Relations Analyst, Project Liaison/Program Administrator, Public Affairs Officer, Public Works Director, Retirement Administrator, Retirement Benefits Manager, Retirement Office Manager, Senior Budget Analyst, Senior City Attorney Investigator, Senior Deputy City Attorney I, Senior Deputy City Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk Analyst, Senior Law Clerk, Supervising Deputy City Attorney, Veterinarian Sponsors:Office of Mayor & City Manager CONSULTATION WITH CHIEF OF POLICE - Government Code Section 54957(a) Topic: Matters posing a threat to the security of public buildings and the security of essential public services, the public’s right to access them, or a threat to critical infrastructure controls or critical infrastructure information relating to cybersecurity. ID 25-10355.-B. Page 16 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised Sponsors:City Attorney's Office Page 17 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Herndon-Riverside Coalition for Responsible Community Planning v. City of Fresno, et al. Fresno Superior Court; Case No.: 24CECG02208 ID 25-10225.-C. Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Josephine Dwelshauvers vs. City of Fresno et al. Fresno Superior Court Case No. 23CECG00756 ID 25-10995.-D. Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Robert Chavez, Jr. v. City of Fresno, PSI, administered by Tristar Risk Management, Claim No. 1010102186-ADR-1 ID 25-10445.-E. Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) City of Fresno v. Fresno Building Healthy Communities Court of Appeal Case No.: F084662; and Fresno Building Healthy Communities v. City of Fresno Court of Appeal Case No.: F084666 (PARCS Department) ID 25-11045.-F. Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case ID 25-10205.-G. Sponsors:City Attorney's Office Page 18 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case ID 25-10215.-H. Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case ID 25-11175.-I. Sponsors:City Attorney's Office ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS August 28, 2025, 9:10 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 158 (Final Tract Map No. 6246) (Located on the north side of North Alicante Drive and North Faldo Lane) (Council District 6) August 28, 2025, 9:15 A.M. - Hearing regarding Text Amendment P25-00974 related to drive-through’s September 11, 2025, 9:10 A.M. - HEARING to adopt Resolutions and Ordinance to Annex territory and Levy a Special Tax regarding City of Fresno Community Facilities District No. 9, Annexation No. 70 (Territory known as Assessor’s Parcel No. 433-485-13) (Northwest corner of North Marty Avenue and West Shields Avenue) (Council District 1) September 11, 2025, 9:20 A.M. - HEARING to Consider Environmental Assessment No. P21-00989 for approximately 3.7 acres of property located on the northeast corner of West Herndon and North Prospect Avenues (Council District 2) UPCOMING EMPLOYEE CEREMONIES Page 19 City of Fresno ***Subject to Mayoral Veto August 14, 2025City Council Meeting Agenda - Final-revised EMPLOYEE OF THE QUARTER - 2:00 P.M. • October 15, 2025 (Wednesday) - Employee of the Fall Quarter EMPLOYEE SERVICE AWARDS - 10:00 A.M. • November 19, 2025 (Wednesday) - Employee Service Awards 2025 CITY COUNCIL MEETING SCHEDULE August 28, 2025 - 9:00 A.M. (Regular Meeting) September 11, 2025 - 9:00 A.M. (Regular Meeting) September 25, 2025 - 9:00 A.M. (Regular Meeting) October 16, 2025 - 9:00 A.M. (Regular Meeting) October 30, 2025 - 9:00 A.M. (Regular Meeting) Page 20 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 25-1089 Agenda Date:8/14/2025 Agenda #: CEREMONIAL PRESENTATION Proclamation of “Marek Warszawski Day” City of Fresno Printed on 8/19/2025Page 1 of 1 powered by Legistar™ 08/14/2025 PRSENTED WHEREAS, Marek Warszawski, a Bay Area native and graduate of the University of California, Davis, has spent his career committed to the core values of journalism, truth, accountability, and public service while bringing variation, humor, and heart to every story he told; and WHEREAS, Marek has served as a bold voice in Central Valley journalism for over 25 years, beginning his tenure at The Fresno Bee in 1998 and becoming one of the region’s most respected and widely read columnists; and WHEREAS, Marek's columns have addressed some of the Central Valley’s pressing issues, elevated the stories of everyday residents, exposed injustice, highlighted long-standing environmental and equity concerns, celebrated progress, and challenged civic leaders to do better, all with a unique voice that readers have trusted for decades; and WHEREAS, his work has resonated deeply with the community, including his emotional column, “When my cat reached the end, Fresno-based mobile veterinarians provide in-home comfort,” touching the hearts of readers with its vulnerability and grace; and WHEREAS, his thoughtful analysis in “Fresno’s parks are slowly turning the corner” provided hope and reflection on the city’s evolving investment in public spaces, capturing the shared desire for a better quality of life in every neighborhood; and WHEREAS, Marek’s retirement marks the end of a remarkable chapter in local journalism, but his influence will continue to be felt in every civic conversation he helped shape, every policy he helped scrutinize, and every reader he inspired to care a little more about their city; and WHEREAS, Marek Warszawski has set a high standard for what it means to be a journalist in Fresno, fearless, fair, and fiercely rooted in community; and NOW, THEREFORE BE IT RESOLVED, that we, Mayor Jerry P. Dyer and the Fresno City Council, do hereby proclaim August 14th, 2025, to be: “Marek Warszawski Day” in the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the Great Seal of the City of Fresno, California, on the 14th day of August 2025. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 25-996 Agenda Date:8/14/2025 Agenda #: CEREMONIAL PRESENTATION Proclamation for “California Fresh Farmers Market Association - River Park Farmers Market” City of Fresno Printed on 8/19/2025Page 1 of 1 powered by Legistar™ 08/14/2025 MOVED TO 08/28/2025 MEETING ________________________________________ ________________________________________ JERRY P. DYER, Honorable Mayor MIKE KARBASSI, Council President ________________________________________ ________________________________________ MIGUEL ARIAS, Council Vice President ANNALISA PEREA, Councilmember District 1 _____________________________________________ _____________________________________________ TYLER MAXWELL, Councilmember District 4 BRANDON VANG, Councilmember District 5 __________________________________ __________________________________ NICK RICHARDSON, Councilmember District 6 NELSON ESPARZA, Councilmember District 7 CITY OF FRESNO Office of Councilmember Nick Richardson WHEREAS, Established by Peter De Young in 1999, the River Park Farmers Market began as a bold effort to bring a family-friendly, weekly gathering to Fresno's newly built River Park Shopping Center. What started as a vision for community connection, quickly evolved into a beloved local tradition that continues to thrive more than two decades later; and WHEREAS, For the past decade, the Market has been proudly operated by the California Fresh Farmers Market Association (CFFMA), a 501(c)(3) nonprofit organization co-founded by community members Peter and Nico DeYoung. Together with a team of professionals in agriculture, events management, and public service, the association has carried forward the market ’s mission of accessibility, inclusion, small business support and excellence; and WHEREAS, At its launch, the market introduced a California Certified Farmers Market concept that was self- sustaining, inclusive, and deeply rooted in the local agricultural heritage of the Central Valley. With support from River Park owners and management and a diverse array of local stakeholders, it became a platform for small local farms, artisan food producers, chefs, the largest weekly food truck hub in Central California, crafters, and nonprofit organizations to connect with the community and tenants at the center in meaningful ways; and WHEREAS Over the years, the farmers market has become known for excellence and has annually taken top awards for its dynamic lineup of weekly festivals and themed nights, including Peach Palooza, the Fresno Strawberry Festival, Bacon & Brews, Blueberries and Blues and the Fresno Pickle Fest and many others. These events have drawn millions of attendees to the River Park Farmers Market from throughout California; and WHEREAS, With support from the CDFA, the market also produced a 24-episode televised cooking series “Discover the Bounty” that educates children and families on the nutritional value and consumption of fresh, seasonal ingredients. Filmed live at the farmers market, the series now reaches thousands of students across California and beyond; and WHEREAS, From just 10 vendors at its founding in 1999, the market now features over 110 weekly participants, with a waiting list of more than 4000. It has helped over 125 local farms sell more than 1.6 million pounds of local produce including more than 400 annual varieties of fresh fruits, vegetables, herbs, eggs, grass-fed beef, local honey, smoked fish, and artisan baked goods and more to market. Additionally, it has supported over 100 other community organizations in meeting their outreach and fundraising goals; and WHEREAS In 2025, the River Park Farmers Market will proudly celebrate welcoming its 7 millionth shopper. Despite operating just one day a week, its impact has far surpassed expectations —managing critical food assistance programs for the USDA, State of California EBT, and EOC to countless families in great need. The market’s growth and long-standing success are a testament to the De Young’s leadership, of River Park’s management teams and owners, the resilience of its multicultural vendors, the generosity of sponsors, and, most importantly, the unwavering support of the community. Their collective belief in excellence, diversity, local agriculture, and celebrating authentic cultural foods, has sustained this weekly tradition for more than 26 years. NOW, THEREFORE BE IT RESOLVED that we, Mayor Jerry Dyer and the Fresno City Council, do hereby honor and recognize the California Fresh Farmers Market Association – River Park Farmers Market and proclaims Thursday, August 14th, 2025, to be: “RIVER PARK FARMERS MARKET DAY” IN WITNESS WHEREOF, we have hereunto set our hands and affixed the Seal of The City of Fresno, California, this 14th day of August 2025. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 25-1028 Agenda Date:8/14/2025 Agenda #: CEREMONIAL PRESENTATION Proclamation for “Immunization Awareness Month” City of Fresno Printed on 8/19/2025Page 1 of 1 powered by Legistar™ 08/14/2025 PRESENTED CITY OF FRESNO Office of Councilmember Nelson E sparza Is hereby presented to: UCSF Fresno WHEREAS: Vaccinations are a proven, safe, and cost-effective tool to proactively safeguard public health, prevent disease, and shield patients from the debilitating effects of vaccine-preventable illnesses; and WHEREAS: Scientists have developed vaccines to prevent more than 30 life-threatening diseases. Vaccinations have greatly reduced mortality rates by eradicating diseases like smallpox and have significantly reduced infections of meningitis, polio, and rubella; and WHEREAS: Studies estimate immunization efforts have saved millions of lives over the last fifty years. The World Health Organization has shown that immunization is the single greatest contribution of any health intervention; and WHEREAS: Across Fresno this month, parents are enrolling children in school, older students are beginning college, and the healthcare community is preparing for the coming flu season, making August a particularly good time to focus community attention on the value of immunization; and WHEREAS: Vaccines not only protect individuals, but also stop illnesses from spreading to families, neighbors, classmates, and coworkers. They especially protect the most vulnerable, such as infants, elders, and immuno-compromised people from suffering the worst effects of preventable diseases; and WHEREAS: Although no vaccine is 100% effective, they are one of the best ways to keep ourselves and the community safe. Immunization Awareness Month encourages engagement with parents, healthcare providers, community-based organizations, and educational institutions to improve vaccination rates among people of all ages. NOW THEREFORE BE IT RESOLVED: that we, Mayor Jerry P. Dyer, Councilmember Nelson Esparza, and the Fresno City Council, do hereby proclaim, the month of August 2025, as: “Immunization Awareness Month” in the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the Seal of The City of Fresno, California, on this 14th day of August 2025. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER K. CLARK, Director Planning and Development Department ASHLEY ATKINSON, Assistant Director Planning and Development Department BY:VALERIA RAMIREZ, Planner II Planning and Development Department SUBJECT HEARING to consider an appeal regarding the denial of Conditional Use Permit Application No. P24- 01344, requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold) at an existing business located at 2717 North Hughes Avenue, between North Weber and West Princeton Avenues (Council District 1) 1. CONSIDER the Appellant’s appeal of the denial of Conditional Use Permit Application No. P24 -01344 requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold) at an existing business. RECOMMENDATION Staff recommends the City Council deny the appeal and uphold the action of the Planning and Development Department Director to deny Conditional Use Permit Application No. P24-01344, requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold) at an existing business. EXECUTIVE SUMMARY Conditional Use Permit Application No. P24-01344 was filed by Yeslam Haimed of A’s Family Market and pertains to ±0.76 acres of property located at 2717 North Hughes Avenue, between North Weber and West Princeton Avenues. The subject application was filed for purposes of establishing a State of California Alcoholic Beverage Control (ABC) Type 20 alcohol license (off-sale general: beer and wine for consumption off the premises where sold) for an existing general market (A’s Family Market). On February 6, 2025, the Planning and Development Director denied the Conditional Use Permit Application No. P24-01344 as the project does not comply with the required location restrictions of City of Fresno Printed on 8/19/2025Page 1 of 14 powered by Legistar™ 08/14/2025 MOTION TO WITHDRAW APPEAL AP/MK 7-0 File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: Application No.P24-01344 as the project does not comply with the required location restrictions of Section 15-2706(F)of the Fresno Municipal Code (FMC),which prohibits a new off-sale establishment that is near sensitive uses;near other alcoholic beverage establishments;within high crime areas;within high concentration areas;when the number of sites selling alcohol for off-site consumption exceeds one (1)license per 2,500 residents;and the required findings for Conditional Use Permits under FMC Section 15-5306 could not be made (Exhibit P),Fresno Municipal Code Findings). The denial letter is attached as Exhibit L. On February 15,2025,the Director’s decision to deny the request was appealed by Yeslam Haimed of A’s Family Market, (Exhibit M). On April 2,2025,the Planning Commission voted 4-0 to deny the appeal and uphold the action of the Planning and Development Director to deny Conditional Use Permit Application No. P24-01344. On April 16,2025,the Planning Commission’s decision to deny the request was appealed by Councilmember Annalisa Perea (Exhibit N).Therefore,the subject appeal was scheduled to be considered by the City Council. Staff recommends the City Council deny the appeal and uphold the decisions of the Director and the Planning Commission to deny the Conditional Use Permit based on substantial evidence detailed in this staff report that:1)the Conditional Use Permit application does not meet the location restrictions for alcohol sales nor the exceptions to the location restrictions specified under Section 15-2706(F)(6); and 2)specific Findings made by the Director in denial of the Conditional Use Permit contained in Section 15-5306 remain valid. The applicant has provided a revised operational statement and floor plan that lists the variety of grocery items to be sold and depicts where they will be displayed in the store.The revised exhibits are included as Exhibit F for review and consideration. BACKGROUND Conditional Use Permit Application No.P24-01344 pertains to A’s Family Market,an existing market located at 2717 North Hughes Avenue between North Weber and West Princeton Avenues. According to photographs of the interior space that were provided with the application,the market sells fresh produce;other grocery items intended for off-site preparation and consumption;everyday essentials and household items;and items typically found in convenience stores.Lastly,the market includes a meat counter that,while not currently operating,is intended to be utilized for the sale and display of meat products. The subject application,Conditional Use Permit Application No.P24-01344,requests authorization to establish a State of California Alcoholic Beverage Control (ABC)Type 20 alcohol license (Off-Site - sale of beer and wine for consumption off the premises where sold)for the existing A’s Family Market business. The subject property is located within the boundaries of the Fresno General Plan and Fresno High - Roeding Community Plan.These plans designate the subject site for Commercial -Community planned land uses.The existing underlying CC (Commercial Community)zone district is consistent with the planned land use designation. City of Fresno Printed on 8/19/2025Page 2 of 14 powered by Legistar™ File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: Pursuant to Table 15-1202 and Section 15-2706(D)(1)of the FMC,general markets without alcohol are permitted in the CC (Commercial Community)zone district,while new establishments that sell alcoholic beverages for off-site consumption (off-sale)are permitted with an approved Conditional Use Permit. Use Classification Analysis FMC Section 15-6704 (Commercial Use Classifications)lists and describes several food and beverage and retail sales use classifications, which are as follows: ·General Market.Retail food markets of food and grocery items for offsite preparation and consumption.Typical uses include full-service grocery stores,neighborhood grocery stores, and specialty food stores,such as retail bakeries;candy,nuts,and confectionary stores;meat or produce markets;vitamin and health food stores;cheese stores;and delicatessens.This classification may include small-scale specialty food production such as pasta shops with retail sales. FMC Section 15-6802 (Definitions), defines Full-Service Grocery Store as: ·Establishments generally known as supermarkets and other grocery retailers (except convenience retailers)primarily engaged in retailing a general line of food,such as canned and frozen foods;fresh fruits and vegetables;and fresh and prepared meats,fish,and poultry. Included in this industry are delicatessen-type establishments primarily engaged in retailing a specialized category of food products such as foods from a specific country,ethnicity,or locality not often found in general markets.This definition excludes limited-service restaurants, convenience retailers,gasoline stations with convenience stores,department stores, pharmacies and drug retailers,warehouse clubs and supercenters,and all other general merchandise retailers. The project as proposed meets the description for General Market.However,it does not meet the definition of a full-service grocery store. After the Planning Commission’s decision to deny the appeal on April 2, 2024, the applicant provided a revised operational statement and floor plan in an effort to demonstrate that the establishment will operate as a neighborhood grocery store and meet the definition of a Full- Service Grocery Store. The revised operational statement and floor plan are included as Exhibit F for review and consideration of the Council. ·Healthy Food Grocer.A food and beverage retail sales establishment that (1)dedicates at least 50 percent of retail space to a general line of grocery products intended for home preparation,consumption,and use;and (2)dedicates at least 30 percent of retail space to perishable goods including dairy,fresh,produce,fresh meats,poultry and fish,and frozen foods. The project does not propose to dedicate at least 50 percent of the retail space to a general line of grocery products intended for home preparation,consumption and use;nor does the project propose to dedicate at least 30 percent of the retail space to perishable goods including dairy, City of Fresno Printed on 8/19/2025Page 3 of 14 powered by Legistar™ File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: propose to dedicate at least 30 percent of the retail space to perishable goods including dairy, fresh, produce, fresh meats, poultry and fish, and frozen foods. ·Liquor Stores.An establishment less than 10,000 square feet in size that sells liquor for offsite consumption and/or that devotes 30 percent or greater floor area to the selling of packaged alcoholic beverages (such as ale, beer, wine, and liquor) for off-site consumption. Based on the project exhibits,including photos,submitted as part of the application (Exhibit E), the project would not be considered a liquor store given the overall area dedicated to alcohol display is 10.32 percent (< 30 percent). ·Convenience Retail.Establishments primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within a reasonable walking distance.These include various general retail sales and personal services of an appropriate size and scale to meet the above criteria.Liquor Stores shall not be considered Convenience Retail. Based on the exhibits submitted as part of the Conditional Use Permit application,the use was determined to be classified as a General Market and not a Convenience Store or Healthy Food Grocer. Alcoholic Beverage Control Regulations In addition to obtaining a Conditional Use Permit from the City of Fresno,the applicant is required to obtain a license from the California Department of Alcoholic Beverage Control (ABC).ABC is awaiting the City’s decision on the subject Conditional Use Permit Application. Number of Existing and Allowed ABC Licenses The subject site is located in Census Tract 37.02.According to ABC,Census Tract 37.02 currently has seven (7) active off-sale alcohol licenses; five (5) Type 20 and two (2) Type 21. ABC authorizes one (1)off-sale alcohol license per 1,271 people within Census Tract 37.02,which has an approximate population of 5,085.Per ABC,a total of four (4)off-sale alcohol licenses are allowed in Census Tract 37.02.Therefore,there are currently three (3)more off-sale alcohol licenses in Census Tract 37.02 than permitted for that census tract. While this license has not been authorized,if approved,Census Tract 37.02 will have eight (8)off- sale licenses; four (4) more than allowed. Additionally,according to information provided by ABC,this census tract is located in a high-crime area and has a high concentration of off-sale alcohol licenses. Citywide Development Code The proposed project shall comply with the Responsible Neighborhood Market Act (RNMA) requirements of FMC Section 15-2706,relating to the sale of alcoholic beverages for off-site City of Fresno Printed on 8/19/2025Page 4 of 14 powered by Legistar™ File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: consumption. Pursuant to FMC Section 15-2706(D)(1)(Applicability -New or Expanded Use),any new establishment must obtain a CUP in compliance with the standards of the section,including applicable location restrictions,to ensure that establishments operate in a manner that is mutually beneficial to surrounding uses and to also provide mechanisms to prevent and correct any associated problems. Location Restrictions for New Establishments According to FMC Section 15-2706(F)(Location Restrictions for New Establishments),off-sale alcohol establishments are prohibited if they are within one of the following areas: 1.Near Sensitive Uses.The establishment shall not be located within 1,000 feet of the following: a)A public park,playground,recreational area,or youth facility,including a nursery school, preschool, or daycare facility. b)A public or private State-licensed or accredited school or c)An alcohol or other drug abuse recovery or treatment facility. Meets Requirement: The proposed establishment is not within 1,000 feet of a sensitive use. 2.Near Other Alcoholic Beverage Establishments.The establishment shall not be located within 1,000 feet of an existing establishment,nor may it lead to a grouping of more than four establishments within a 1,000-foot radius.Notwithstanding this requirement,an establishment shall not be within 500 feet of an existing establishment when an establishment is in a Census Tract that is not oversaturated with off-sale licenses. Does Not Meet Requirement:There are two existing off-sale alcohol establishments within 1,000 feet of the proposed project -U Save Liquor convenience store located at 2576 North Hughes Avenue and USA Gas and Food service station located at 1930 West Clinton Avenue. U Save Liquor is ±420 feet southeast from the proposed project site and has an active Type 21 ABC license.USA Gas and Food is ±866 feet southeast from project site and has an active Type 20 ABC license. 3.Within High Crime Areas.The establishment shall not be located in an area of high crime,as defined by the California Business and Professions Code 23958.4(a)(1)et seq.,and as determined by the Department of Alcoholic Beverage Control (ABC). Does Not Meet Requirement:ABC states that if the total number of offenses in a reporting district is greater than 120%of the average number of offenses,then the location is within an area of high crime.According to data collected by the Fresno Police Department -Central District and ABC,the proposed establishment is located in an area with high crime.In the year 2023,there were a total number of 306 reported crimes in the police zone in which the subject property is located (2050).Pursuant to California Business and Professional Code 23958.4(c) (2),“Reported crimes”means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide,forcible rape,robbery,aggravated assault, burglary,larceny,theft,and motor vehicle theft,combined with all arrests for other crimes,bothCity of Fresno Printed on 8/19/2025Page 5 of 14 powered by Legistar™ File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: burglary,larceny,theft,and motor vehicle theft,combined with all arrests for other crimes,both felonies and misdemeanors,except traffic citations.In comparison,the two easterly police zones (2051 and 2151)had significantly less reported crimes in the year 2023.Police Zone 2051 had a total number of 133 reported crimes and Police Zone 2151 has a total number of 155 reported crimes. 4.Within High Concentration Areas.The establishment shall not be located in an area of high concentration,as defined by the California Business and Professions Code 23958.4(a)(3)et seq., and as determined by the Department of Alcoholic Beverage Control. Does Not Meet Requirement:The project site is located within Census Tract 37.02,which allows four (4)off-sale licenses.Census Tract 37.02 currently has seven (7)off-sale licenses. Approval of the proposed project would result in eight (8)existing licenses,which is greater than the license amount allowed for the population in this Census Tract.Thus,the proposed location is in a high concentration area. 5.Citywide Ratio.No establishment shall be granted a Conditional Use Permit under this section if the number of sites selling alcohol for off-site consumption exceeds one license per 2,500 residents.This ratio requirement shall not apply to one existing establishment that must obtain a CUP pursuant to this ordinance due to proposed expansion or improvement of an existing use that is currently operating pursuant to a CUP issued prior to the effective date of this ordinance;(2)new establishments that utilize the Cancel and Transfer provisions stated in Section S.;or (3)an existing establishment that is in good standing which has a change in the ABC License holder, specifically partner franchisees. Does Not Meet Requirement:According to the United States Census Bureau,the City of Fresno has an estimated population of 545,567 residents (2022 Census).Per the established citywide ratio requirements noted above (one per 2,500 residents),there shall be no more than 218 off-sale licenses within the City of Fresno. According to the State of California Alcoholic Beverage Control there are a total of 502 active off-sale alcohol licenses (Type 20 &21)currently within the City of Fresno.Therefore,the current citywide ratio of existing off-sale licenses is one license per 1,084 residents,which exceeds the established ratio.Furthermore,this request to establish a new off-sale alcohol license at this location is not due to a proposed expansion or improvement of an existing use that is currently operating pursuant to a CUP issued prior to the effective date of this ordinance,nor does the request involve an existing establishment that is in good standing that has a change in the ABC license holder,specifically partner franchisees.However,if approved,the operator would be required to comply with the Cancel and Transfer provisions stated in Section S of FMC Section 15-2706,because none of the exemptions under FMC Section 15-2706(S)(3) apply. The existing establishment is not in compliance with four (4)of the five (5)location restrictions pursuant to FMC Section 15-2706(F),as the site is located near two (2)existing off-sale alcoholic beverage establishments;the proposed establishment will add to an overconcentrated census tract where there are currently eight (8)licenses when only four (4)licenses are allowed;the project lies within an area of high crime as determined by ABC; and the citywide ratio is exceeded. City of Fresno Printed on 8/19/2025Page 6 of 14 powered by Legistar™ File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: Exceptions from Location Restrictions According to FMC Section 15-2706(F)(6),a new establishment may be excepted from the location restrictions if the Review Authority determines all of the following: a.The proposed use is not located within an area in which the Chief of Police has determined, based upon quantifiable information,that the proposed use (a)would be detrimental to the public health,safety,or welfare of persons located in the area;or (b)would increase the severity of existing law enforcement or public nuisance problems in the area. Does Not Qualify:According to the memo provided by the Fresno Police Department -Central District dated November 1,2024 (Exhibit R),the project would be detrimental to public health, safety,or welfare of persons located in the area,and would it increase the severity of existing law enforcement or public nuisance problems in the area.There are seventeen (17)existing locations within a one-mile radius that have (ABC)Type 20/21 alcohol licenses (Off-Sale beer and wine/Off-sale general).In the past 24 months,these locations have accounted for 925 calls for service amounting to an average of 27 calls for service annually for each location, approximately two (2)calls for service a month.Thirty percent (30%)of the calls for service (275 total calls) were related to violent crime or weapons violations. b.The proposed off-premises sale of alcoholic beverages is incidental and appurtenant to a larger retail use and provides a more complete and convenient shopping experience. Does Qualify:The addition of beer and wine sales is incidental to the proposed retail use.A’s Family Market is a local general store that provides a variety of services to an underserved neighborhood and desires to expand their range of services to attract new clientele.The services they currently provide and the services they propose to provide in the future include a meat department,a fresh produce section,a payment center that provides multiple services, and a small-scale restaurant within the retail area of the store.In addition to grocery items,A’s Family Market also offers a variety of everyday supplies to meet customers’ needs. c.The proposed outlet for the off-premises sale of alcoholic beverages would act as a public convenience or necessity to an underserved portion of the community and/or enhance the vitality of an existing commercial area without presenting a significant adverse impact on public health or safety. Does Qualify:The existing commercial building is currently operating as a convenience retail store based on a site visit conducted by City staff,but is working to establish functionality as a general market.The sale of beer and wine will add to the number of services already being provided to residents in the area in conjunction with the proposed services they are working to implement.A’s Family Market would act as a public convenience for members of the community,especially those that do not have transportation,due to its proximity to residential neighborhoods. d.The primary use of the establishment,based on information provided by the applicant,has been determined by the Review Authority to meet the definition of a General Market,including a supermarket, neighborhood grocery store, or a Healthy Food Grocer. Does Qualify:As proposed,the project meets the description of a General Market.IfCity of Fresno Printed on 8/19/2025Page 7 of 14 powered by Legistar™ File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: Does Qualify:As proposed,the project meets the description of a General Market.If approved,the project will be conditioned to require a site visit to verify compliance with the definition of a General Market prior to issuance of an ABC license and/or commencement of off-site alcohol sales. Based upon the analysis above,not all of the required findings for the exceptions to the location restrictions pursuant to Section 15-2706(F)(6)could be made.It has been determined by the Police Department -Central District that the A’s Family Market would be detrimental to public health,safety, and welfare of persons located in the area and will increase the severity of existing law enforcement or public nuisance problems in the area.While the proposed off-premises sale of alcoholic beverages would be incidental and appurtenant to a larger retail use and provide a more complete and convenient shopping experience,and the project meets the definition of a General Market,it nonetheless does not meet all the required findings to be excepted from the location restrictions. Existing Establishment Relocation Exception According to FMC Section 15-2706(F)(7),an existing establishment that relocates and holds a Conditional Use Permit pursuant to this ordinance may be excepted from the location restrictions if the proposed relocation is located: a)across the street and within a 1/4 mile radius of the current location; b)within the same Council District; c)within the same Census Tract; d)not within 500 feet of a nursery school,preschool,a public or private State-licensed or accredited school or daycare facility; and e)not in an area of high crime,as defined by the California Business and Professions Code 23958.4(a)(1) et seq., and as determined by the Department of Alcoholic Beverage Control. The project does not qualify. The project does not involve the relocation of an existing establishment. Full-Service Grocery Store Exception: Pursuant to FMC Section 15-2706(F)(8),new establishments may be excepted from the location restrictions if the primary use of the establishment,based upon information provided by the applicant, that has been determined by the Review Authority to meet the definition of a Full-Service Grocery Store,including a supermarket,neighborhood grocery store or a Healthy Food Grocer as defined in the FMC. Does Not Qualify.As noted in the analysis above,the project as proposed was determined to not meet the definition of a Full-Service Grocery Store. Given the project does not comply with applicable location restrictions nor does it qualify for an exception to the location restrictions,the use was determined to not be permitted and therefore a Conditional Use Permit authorizing the establishment of an alcohol license for off-site consumption shall not be approved.The Director of the Planning and Development Department denied the application on February 6, 2025. Following the Planning Commission’s decision to deny the appeal,the applicant provided a revised operational statement and floor plan that lists the variety of grocery items to be sold and depictsCity of Fresno Printed on 8/19/2025Page 8 of 14 powered by Legistar™ File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: operational statement and floor plan that lists the variety of grocery items to be sold and depicts where they will be displayed in the store.The revised exhibits are included as Exhibit F for review and consideration. If the Council determines that,based on the revised material,the establishment meets the definition of a Full-Service Grocery Store,including a neighborhood grocery store,then the establishment may be excepted from the location restrictions in accordance with FMC Section 15-2706(F)(8). Fresno Police Department Review As mentioned above,the Fresno Police Department -Central District provided a memo dated November 1,2024 (Exhibit R),which determined the project would be detrimental to public health, safety,or welfare of persons located in the area,and would increase the severity of existing law enforcement or public nuisance problems in the area.Additionally,the Fresno Police Department provided a memo dated November 1,2024 (Exhibit R),which included Police Department’s conditions and requirements that are to be included are included in the Conditions of Approval if the project is approved. Fresno Unified School District Review On April 30,2024,Fresno Unified School District provided a comment letter stating their opposition to the proposed project due to Homan Elementary School being 1,450 feet away from the project site. Per the development code, off-sale establishments shall not be located within 1,000 feet of a school or other sensitive use. Other Agencies The project was routed to several partner departments and agencies for comment.However,due to the Director’s denial of Conditional Use Permit Application No.P24-01344 on February 6,2025,no conditions of approval were issued.See Exhibit H for all written agency comments received,which have been included as part of the draft Conditions of Approval (Exhibit G). Public Notice and Input Council District 1 Project Committee Review The project was reviewed by the Council District 1 Project Review Committee on May 9,2024.The committee recommended the approval of the application. Notice of Intent Pursuant to FMC Sections 15-5007 and 15-5305,the Planning and Development Department mailed a Notice of Intent to Take Action (Exhibit I)-a neighborhood notice,to property owners within 1,000 feet of the subject site on April 25,2024.No responses in support of or opposition to the project were received. Notice of Planning Commission Hearing In accordance with Section 15-5007 of the FMC,the Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property and to the appellant on March 21, 2025 (Exhibit J). City of Fresno Printed on 8/19/2025Page 9 of 14 powered by Legistar™ File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: Fresno City Planning Commission Action The Planning Commission heard the appeal at its regular meeting on April 2,2025.Seven (7) members of the public spoke in support during the hearing.After the close of the hearing,the Planning Commission denied the appellant’s appeal and upheld the action of the Planning and Development Director to deny Conditional Use Permit Application No.P24-01344.The vote was four (4)to zero (0),with two members absent and one member recusing themselves.See the Planning Commission Resolution No. 13893 (Exhibit Q). On April 2,2025,the Planning Commission’s decision to deny the request was appealed by Councilmember Analisa Perea (Exhibit N -Appeal To City Council)to allow for City Council discussion of allowing the establishment to re-open with a Conditional Use Permit.Therefore,the appeal of the application shall be considered by the City Council. Notice of City Council Hearing Pursuant to the requirements of Fresno Municipal Section 15-5007,a Notice of Public Hearing was mailed on August 1,2025 (Exhibit K).A courtesy email was also sent to the Councilmember,City Clerk,and other relevant City staff on August 1,2025,notifying interested parties and stakeholders of the City Council hearing. LAND USE PLANS AND POLICIES The Fresno General Plan and Fresno High -Roeding Community Plan designate the subject site for Commercial -Community planned land uses and provide objectives to guide the development of these projects.The CC (Commercial Community)zone district is intended for commercial development that primarily serves local needs such as convenience shopping and offices.Specific uses allowed include medium-scale retail,office,civic and entertainment uses,supermarkets,drug stores,and supporting uses.The project will not meet applicable goals,policies,and objectives of the Fresno General Plan per elements from the Urban Form,Land Use &Design,Historic Resources, and Healthy Communities: Goal:Increase opportunity,economic development,business,and job creation.Use urban form,land use,and Development Code policies to streamline permit approval,promote local educational excellence and workforce relevance,significantly increase business development and expansion, retain and attract talented people,create jobs,and sustained economic growth,strategically locate employment lands and facilities,and avoid over-saturation of a single type of housing,retail,or employment. ·Goal 9:Promote a city of healthy communities and improve quality of life in established neighborhoods. ·Goal 16: Protect and improve public health and safety. Alcohol Sales High exposure to the easy availability of alcohol sales affects public health,safety,and quality of life in a neighborhood.Alcohol sales outlets that are near other outlets,or are in close proximity to sensitive uses,increase the perceived lack of safety in a neighborhood.Moreover,concentrations of such outlets can contribute to a variety of health and safety problems including higher rates of alcohol City of Fresno Printed on 8/19/2025Page 10 of 14 powered by Legistar™ File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: such outlets can contribute to a variety of health and safety problems including higher rates of alcohol -related hospitalizations, drunken driving accidents, and pedestrian injuries. As noted within the Public Utilities and Services section of the Fresno General Plan,the location and prevalence of off-sale alcohol sales can have a negative effect on neighborhood health.In public meetings held during the development of the General Plan, the following concerns were discussed: ·Market saturation.Some neighborhoods feel they have an overabundance of establishments with off-sale licenses to sell alcohol. ·Fear of crime.Community members often see a strong relationship between establishments with off-sale licenses to sell liquor and rates of nuisance and crime. ·Danger to schools.Residents are concerned when alcohol sales are allowed too close to schools because of the impact on teenage drinking. It has been suggested that alcohol sales establishments possess certain characteristics that have the potential to cause deleterious effects and nuisances on surrounding neighborhoods and businesses, especially when such establishments are concentrated near one another.For this purpose,Section 15-2706 of the FMC contains restrictions on the location for new establishments proposing to sell alcohol. These restrictions are based upon proximity to schools,public parks,playgrounds,and recreational areas,as well as other youth facilities such as day care facilities.In addition,restrictions apply based upon proximity to alcohol or drug abuse recovery or treatment facilities,proximity to other establishments that sell alcoholic beverages;and within areas of high crime.The City of Fresno relies on information from the Police Department and the Alcoholic Beverage Control (ABC)in the consideration of permit applications respective to areas of high crime or an overconcentration of ABC licenses. There are no applicable policies within the Fresno High Community Plan that restrict alcohol sales compared to those already provided in the Fresno General Plan and the Fresno Municipal Code. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15270(a),CEQA does not apply to projects that a public agency rejects or disapproves.Therefore,no environmental findings are necessary to adopt a Staff recommendation for denial of Conditional Use Permit Application No. P24-01344, to establish a Type 20 (Off-Sale beer and wine) alcohol sales license. However,should the City Council:(1)find the project meets all of the exceptions to the location restrictions or qualifies for a Full-Service Grocery Store Exemption in accordance with FMC Sections 15-2706(F)(6)&(8);(2)make the required findings in accordance with FMC Section 15-5306;and (3) grant approval of the request to obtain a Type 20 ABC license,then adoption of a Section 15301/Class 1 (Existing Facilities)Categorical Exemption,pursuant to the California Environmental Quality Act (CEQA)Guidelines,is considered appropriate.The attached Categorical Exemption prepared for Environmental Assessment No.P24-01344 (Exhibit O )may be adopted by the City Council if the required findings are made as set forth above. City of Fresno Printed on 8/19/2025Page 11 of 14 powered by Legistar™ File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: FRESNO MUNICIPAL CODE FINDINGS The required findings for a CUP under Section 15-5306 of the FMC are as follows: a.The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code; and, b.The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted; and, c.The proposed use will not be substantially adverse to the public health,safety,or general welfare of the community, nor be detrimental to surrounding properties or improvements; and, d.The design,location,size,and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and, e.The site is physically suitable for the type,density,and intensity of use being proposed, including access, emergency access, utilities, and services required; and, f.The proposed use is consistent with the Fresno County Airport Land Use Compatibility Plan (as may be amended)adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5. Based upon analysis of the application as submitted,Staff concludes that the findings made by the Director to deny the Conditional Use Permit under FMC Section 15-5306 (A,C,D,)are appropriate. These findings are attached as Exhibit P. If the City Council decides to grant approval of the request to establish a Type 20 ABC license,the Council must find that there is substantial evidence in the administrative record to make all the findings mentioned above and amend them to include the sale of alcohol.The City Council shall also find that there is substantial evidence in the administrative record to determine that 1.All of the following provisions of FMC Section 15-2706(F)(6), (Exceptions) apply: a.The proposed use is not located within an area in which the Chief of Police has determined,based upon quantifiable information,that the proposed use a)would be detrimental to the public health,safety,or welfare of persons located in the area,or b) would increase the severity of existing law enforcement or public nuisance problems in the area. b.The proposed off premises sale of alcoholic beverages is incidental an appurtenant to a larger retail use and provides for a more complete and convenient shopping experience. c.The proposed outlet for the off-premises sale of alcoholic beverages would act as a public convenience or necessity to an underserved portion of the community and/or enhance the vitality of an existing commercial area without presenting a significant adverse impact on public health or safety. d.The primary use of the establishment,based on information provided by the applicant, has been determined by the Review Authority to meet the definition of a General Market including a supermarket, neighborhood grocery store or a Healthy Food Grocer. Or 2.The establishment,based upon information provided by the applicant,meets the definition of a Full-Service Grocery Store,including a supermarket,neighborhood grocery store or a HealthyCity of Fresno Printed on 8/19/2025Page 12 of 14 powered by Legistar™ File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: Full-Service Grocery Store,including a supermarket,neighborhood grocery store or a Healthy Food Grocer as defined in the FMC and is excepted from the location restrictions in accordance with FMC Section 15-2706(F)(8). LOCAL PREFERENCE Local preference was not considered because the project does not include a bid or award of a construction or service contract. FISCAL IMPACT There is no fiscal impact associated with this action. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plana and the Fresno High -Roeding Community Plan; compliance with specific provisions of the Development Code;its compatibility with surrounding existing or proposed uses;and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above. Based upon this evaluation,it can be concluded that Conditional Use Permit Application No.P24- 01344, a request to establish a Type 20 alcohol license, is not appropriate for the subject property. If the City Council decides to grant approval of the proposed project,the Council must find that there is substantial evidence in the administrative record that the project can be excepted from the location restrictions pursuant to FMC Section 15-2706(F)(6)and make the findings required by FMC Section 15-5306.Should the Council make the required findings,approval of the CUP application shall be subject to the applicant’s compliance with the Draft Conditions of Approval (Exhibit G). Action by the City Council is final. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Zoning Map Exhibit D - Project Information Tables Exhibit E - Exhibits (Site Plan, Elevations, Floor Plan, Operational Statement) Exhibit F - Revised Operational Statement & Floor Plan Exhibit G - Drafted Conditions of Approval Exhibit H - Department & Agency Comments Exhibit I - Noticing Map, NOITTA, NOA Exhibit J - Notice of Public Hearing (Planning Commission) Exhibit K - Notice of Public Hearing (City Council) Exhibit L - Denial Letter Exhibit M - Appeal Letter to Planning Commission City of Fresno Printed on 8/19/2025Page 13 of 14 powered by Legistar™ File #:ID 25-795 Agenda Date:8/14/2025 Agenda #: Exhibit N - Appeal Letter to City Council Exhibit O - Drafted Environmental Assessment Exhibit P - Fresno Municipal Code Findings Exhibit Q - Planning Commission Resolution Exhibit R - Police Department Memo Exhibit S - PowerPoint Presentation City of Fresno Printed on 8/19/2025Page 14 of 14 powered by Legistar™ Exhibit A VICINITY MAP LEGEND P24-01344 ±0.76 acres N HUGHES AVE Exhibit B AERIAL MAP P24-01344 ±0.67 acres LEGEND PLANNING AND DEVELOPMENT DEPARTMENT N HUGHES AVE Application Conditional Use Permit Application No. P24-01344 APN: 442-082-29 West side of North Hughes Avenue, between North Weber and West Princeton Avenues Zone District CC (Commercial – Community) Land Use Designation Neighborhood Commercial Exhibit C Zoning Map Rm-1 (Residential Multi-Family, Medium High Density) Zoning CC (Community – Commercial) IL (Light Industrial) P24-01344 RS-5 (Residential Multi-Family, Medium Density) N HUGHES AVE General Plan Land Use Map Commercial – Community Medium High Density Residential Employment – Light Industrial Medium Density Residential P24-01344 Land Use Designation N HUGHES AVE Exhibit D PROJECT INFORMAITON TABLES PROJECT SUMMARY PROJECT The applicant requests authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Off-Sale - Sale of beer and wine for consumption off the premises where sold) for an existing business (A’s Family Market). APPLICANT Yeslam Haimed of A’s Family Market 2717 North Hughes Avenue Fresno, CA 93705 OWNER Husam Salem Kaileh 15630 West Kearney Boulevard Kerman, CA 93630 LOCATION 2717 North Hughes Avenue (APN: 442-082-29); Located on the west side of North Hughes, between North Weber and West Princeton Avenues. (Council District 1, Councilmember Perea) SITE SIZE ±0.76 acres LAND USE Commercial - Community ZONING CC (Commercial - Community) HOUSING ELEMENT SITE The subject property is not designated as a Housing Element site. PLAN DESIGNATION AND CONSISTENCY Conditional Use Permit Application No. P24-01344 is proposed in accordance with the Commercial – Community planned land use identified in the Fresno High-Roeding Community Plan and Fresno General Plan. ENVIRONMENTAL FINDING Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15270(a), CEQA does not apply to projects which a public agency rejects or disapproves. PLAN COMMITTEE RECOMMENDATION The Council District 1 Project Review Committee recommended approval of this project on May 9, 2024. The motion was carried by a vote of four (4) in favor and none opposed. RELATED APPLICATIONS N/A COVENANTS ZONE CONDITIONS N/A SPECIAL POLICY AREA APPLICABLE POLICIES N/A HISTORIC INFORMATION HISTORIC SITE/DISTRICT N/A BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Community Commercial CC (Commercial - Community) Burrus Financial Building South Community Commercial CC (Commercial - Community) Vacant Building East Residential – Medium Density RS-5 (Residential Single-Family, Medium Density) Single-Family Residential West Residential – Medium High Density RM-1 (Residential Multi-Family, Medium- High Density) Weber Garden Apartments Exhibit ( N HUGHES AVENUE(E) SIDEWALK(E) DUMPSTERENCLOSURE(E) ALLEYWAY(E) DRIVEWAYENTRANCE(E) DRIVEWAYENTRANCE(E) DRIVEWAYENTRANCE(E) PARKING LOT(E) ACCESSIBLEPARKING(E) ADJOININGBUSINESS NOTINCLUDED INPROCESSA'S FAMILIY MARKET2717 N HUGHES AVE.EMPTY LOT1234IF THIS SHEET IS NOT 24"x36", IT HAS BEEN RESIZED - SCALE ACCORDINGLY 0 1/4" 1/2" 1" 2" SHEET NUMBERSHEET TITLESHEET DETAILSDRAWN BY:CHECKED BY:PROJECT REVISIONSPROJECT#PROJECT NO:PROJECT DETAILSSUBMITTAL DATE:5613 Squire Wells WayRiverbank, CA 95367209.614.8562 David@Graphitedd.bizCONSULTING ENGINEERAUTHORITY HAVING JURISDICTIONSEALCBA4/4/2024 6:43:48 PM D:\Graphite\DRAWINGS\2024\FRESNO MINI MART\MAIN\2717 NORTH HUGHES AVE - FRESNO.rvtA2SITE PLANA'S FAMILYMARKETYESLAM HAIMED2717 N. HUGHES AVE.AuthorChecker2717 N. HUGHES AVE.FRESNO, CAN1/16" = 1'-0"1SITE PLAN MARK DATE DESCRIPTIONAPPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 04/23/2024P24-01344A/E WHWALL LEGEND(E) 2" X WOOD STUD NON-RATED PARTITION (E) 2" X WOOD STUD 1-HR RATED PARTITIONFLOOR PLAN NOTESFLOOR PLAN NOTESSMOKE DETECTORS SHALL BE INSTALLED AT LOCATIONS REQUIRED BY THE CRC AND SHALLRECEIVE THEIR PRIMARY POWER FROM BUILDING WIRING AND SHALL BE EQUIPPED WITH ABATTERY BACK UP.UNDER NO CIRCUMSTANCES IS THE USE OF WATER RESISTANT GYP. BD. "GREEN BOARD' ASBACKING FOR TILE OR WALL PANELS IN ANY POTENTIALLY WET AREA TO BE USED.USE ONLY ,FIBEROCK BRAND AQUA- TOUGH INTERIOR PANELS RATED FOR MOISTIJRE &MOLDRESISTANCE. WATER HEATERS SHALL BE ANCHORED OR STRAPPED TO RESIST HORIZONTAL DISPLACEMENT DUETO EARTHQUAKE MOTION. STRAPPING SHALL BE A POINTS WITHIN THE UPPER 1/3 AND LOWER 1/3 OFlT'S VERTICAL DIMENSIONS. AT THE LOWER POINT, MAINTAIN A MIN OF 4' CLEARANCE ABOVE THEWATERHEATER CONTROLS.GAS WATER HEATERS AND FURNACES SHALL BE LOCATED ON A RIGID RAISED PLATFORM MIN. OF18' HIGH.PROVIDE MINIMUM 2A:10B:C PORTABLE FIRE EXTINGUISHER(S) (PER NFPA 10). ONE EXTINGUISHER IS REQUIRED FOR EACH 3000 SQUARE FT, OR PORTION THEREOF OF FLOOR SPACE, WITH TRAVEL DISTANCE NOT TO EXCEED 75 FT. A MINIMUM OF 2 PORTABLE FIRE EXTINGUISHERS ARE REQUIRED BASED ON SQUARE FOOTAGE, TO BE LOCATED PER 2022CFC, SECTION 906.3; CCR TITLE 19.PROVIDE A CLASS K PORTABLE FIRE EXTINGUISHER IN AN APPROVED LOCATION WITHIN 30 FT. OF THE I HOOD AND VENT SYSTEM. A PLACARD SHALLBE CONSPICUOUSLY PLACED NEAR THE EXTINGUISHER THAT STATES THE FIRE PROTECTION SYSTEM SHALL BE ACTIVATED PRIOR TO USING THE PERTABLE FIRE EXTINGUISHER, 2022 CFC, SECTION 906.4; NFPA 10, SECTION 5.5.5.3 AND CCR TITLE 19, DIVISION 1 SECTION 3-573.BUILDINGS IN OCCUPANCY GROUP A HAVING AN OCCUPANCY LOAD OF 300 OR LEE, GROUP B,F,M, AND S, AND IN PLACES OF RELIGIOUS WORSHIP, THE MAIN DOOR OR DOORS ARE PERMITTED TO BE EQUIPED WITH KEY-OPERATED LOCKING DEVICES FROM THE EGRESS SIDE PROVIDED 1) THE LOCKING DEVICE IS READILY DISTINGUISHABLE AS LOCKED; 2) A READILY VISIBLE DURABLE SIGN POSTED ON THE EGRESS SIDE ON OR ADJACENT TO THE DOOR STATING: THIS DOOR TO REMAIN UNLOCKED WHEN THIS SPACE IS OCCUPIED. THE SIGN SHALL BE LETTERS 1 IN. HIGH ON A CONTRASTING BACKGROUND; 3) THE USE OF THE KEY-OPERATED LOCKING DEVICE IS REVOCBLE BY THE FIRE CODE OFFICIAL FOR DUE CAUSE. 2022 CFC, SECTION 1010.2.4THE MEANS OF EGRESS SERVING A ROOM OR SPACE, SHALL BE READILY OPENABLE FROM THE EGRESS SIDE WITHOUT THE USE OF A KEY OR SPECIAL KNOWLEDGE OR EFFORT. 2022 CFC, SECTION 1010.2.1THE UNLATCHING OF ANY DOOR OR LEAF SHALL NOT REQUIRE MORE THAN ONE OPERATION. 2022 CFC, SECTION 1010.2.1MEANS OF EGRESS SERVING A ROOM OR SPACE, SHALL BE ILLUMINATED AT ALL TIMES THAT THE ROOM OR SPACE SERVED BY THE MEANS OF EGRESS IS OCCUPIED, THIS APPLIES TO LIGHTING OTHER THAN THE EXIT SIGNS, 2022 CFC, SECTIONS 1008.2.MEANS OF EGRESS ARE NOT PROHIBITED THROUGH STOCKROOMS IN GROUP M OCCUPANCIES ALL OF THE FOLLOWING ARE MET: 2022 CFC, SECTION 1016.21. THE STOCK IS OF THE SAME HAZARD CLASSIFICATION AS THAT FOUND IN THE MAIN REATAIL AREA.2. NOT MORE THAN 50% OF THE EXIT ACCESS IS THROUGH THE STOCKROOM.3. THE STOCKROOM IS NOT SUBJECT TO LOCKING FROM THE EGRESS SIDE.4. THERE IS A DEMARCATED, MINIMUM 44" WIDE AISLE DEFINED BY FULL/OR PARTIAL-HEIGHT FIXED WALLS OR SIMILAR CONSTRUCTION THAT WILL MAINTAIN THE REQUIRED WIDTH AND LEAD DIRECTLY TO THE EXIT WITHOUT OBSTRUCTION.IN M AND S OCCUPANCIES, PROVIDE WRITTEN DOCUMENTATION OF COMPLIANCE WITH 2022 CFC TABLE 5003.11.1 FOR STORAGE OF HAZARDOUS MATERIALS.GROUP M OCCUPANCY WHOLESALE AND RETAIL SALES USES, INDOOR STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS SHALL NOT EXCEED MAXIMUM ALLOWABLE QUANTITIES PER CONTROL AREA INDICATED IN 2022 CFC TABLE 5704.3.4.1.NO HAZARDOUS MATERIALS ARE TO BE STORED OR USED IN THE BUILDING UNLESS A DETAILES ON THE STORAGE AND USE OF HAZARDOUS MATIALS IN THE BUILDING. IF QUANTITIES EXCEES THE MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA OF HAZARDOUS MATERIALS LISTED IN 2022 CFC, TABLES 5003.1.1(1), 5003.1.1(2), 5003.1.1(3), 5003.1.1(4) REQUIREMENTS FOR AN H OCCUPANCY WILL NEED TO BE MET OR ADDITIONAL CONTROL AREAS MAY BE REQUIRED.THIS PERMIT DOES NOT INCLUDE ANY HIGH-PILE STORAGE ( PER CFC) OR RACK STORAGE OVER 8 FT. IN HEIGHT. ANY SUCH PROPOSED STORAGE WILL REQUIRE SUBMITTLE OF PLANS AND APPLICATION FOR PERMIT(S). 2022 CFC CHAPTER 32.* HOOD & VENT NOTES WILL APPLY FOR THE KITCHEN AREA IF THERE IS ANY COOKING EQUIPMENT*A TYPE I HOOD SHALL BE INSTALLED AT OR ABOVE ALL COMMERCIAL COOKING APPLIANCES AND DOMESTIC COOKING APPLIANCES USED FOR COMMERCIAL PURPOSES THAT PRODUCE GREASE VAPORS, 2022 CFC, SECTION 606.2PROVIDE AN APPROVED UL 300 FIRE EXTINGUISHER SYSTEM FOR THE NEW HOOD AND VENT, 2022 CFC, SECTION 904.13.THE COMMERCIAL COOKING EQUIPMENT AND THE TYPE I HOOD SHALL BE INSTALLED IN ACCORDANCE WITH THE CALIFORNIA MECHANICAL CODE, APPROPRIATE ADOPTED STANDARDS, THEIR LISTINGS AND THE MANUFACTURER'S INSTALLATION INSTRUCTIONS 2022 CFC, SECTION 904.2.2 AND 904.13.THE ACUATION OF THE FIRE EXTINGUISHING SYSTEM SHALL AUTOMATICALLY SHUT DOWN THE FUEL AND ELECTRICITY POWER SUPPLY TO THE COOKING EQUIPMENT. THE FUEL AND ELECTRICAL SUPPLY ARE REQUIRED TO HAVE A MANUAL RESET, 2022 CFC 904.13.2.DOOR HANDALES, PULLS, LATCHES, LOCKS AND OTHER OPERATING DEVICES SHALL BE INSTALLED 34 IN. MINIMUM AND 44 IN. MAXIMUM ABOVE FISHED FLOOR, 2022 CBC, SECTION 11B-404.2.7.DOOR HANDALES, PULLS, LATCHES, LOCKS AND OTHER OPERATING DEVICES ON DOORS SHALL NOT REQUIRE TIGHT GRASPING, TIGHT PINCHING OR TWISTING OF THE WRIST TO OPERATE, 2022 CFC, SECTION 1010.2.2.14'-0"16'-0"36'-2"12'-4"6'-6"8'-9"7'-9"7'-8"8'-10"13'-6"27'-2"5'-0"3'-3"26'-2"13'-6"2'-5"7'-6"8'-0"2'-2"3'-1"3'-0"8'-4"3'-8"3'-0"3'-7"3'-7"(E) OFFICE(E) RAISED PAYMENT CENTER & CHECK CASHINGPLATFORM(E) REFRIGERATED DISPLAY(E) PRODUCE CASE COOLER(E) REFRIGERATED MEAT DISPLAY(E) COLD STORAGE WITHREFRIGERATED DISPLAY(E) WALK-IN FREEZER(E) STORAGE(E) ADA RESTROOM(E) UTILITY (E) MEAT DEPARTMENTPROPOSED KITCHEN AREAFOR FUTURE SUBMITTAL NOT INCLUDED IN SCOPE OF THISAPPLICATION. CURRENT USE IS OPEN FLOOR SPACE ONLY(E) COUNTER(E) COUNTER W/GLASS DISPLAY(E) FOLDING ADA COUNTER14'-0"(E) BAGGED ICE STORAGE5'-0"30'-3"(E) 3 DOOR FREEZER(E) DELI CASEELECTRICAL SUB PANELELECTRICAL SUB PANEL(E) ICE MACHINEEXISTING(E) MEAT GRINDERS(E) MEAT SAW(E) FOOD PROCESSINGTABLE W/ MEAT SLICER1111MIN. 2A:10N:CPORTABLE FIREEXTINGUISHERMIN. 2A:10N:CPORTABLE FIREEXTINGUISHER11234IF THIS SHEET IS NOT 24"x36", IT HAS BEEN RESIZED - SCALE ACCORDINGLY 0 1/4" 1/2" 1" 2" SHEET NUMBERSHEET TITLESHEET DETAILSDRAWN BY:CHECKED BY:PROJECT REVISIONSPROJECT#PROJECT NO:PROJECT DETAILSSUBMITTAL DATE:5613 Squire Wells WayRiverbank, CA 95367209.614.8562 David@Graphitedd.bizCONSULTING ENGINEERAUTHORITY HAVING JURISDICTIONSEALCBA5/3/2024 7:26:58 PM D:\Graphite\DRAWINGS\2024\1 COMPLETED PROJECT\FRESNO MINI MART\MAIN\2717 NORTH HUGHES AVE - FRESNO.rvtA1PROPOSED FLOOR PLANA'S FAMILYMARKETYESLAM HAIMED2717 N. HUGHES AVE.AuthorChecker2717 N. HUGHES AVE.FRESNO, CA MARK DATE DESCRIPTION1 Date 1 CITY OF FRESNO1/4" = 1'-0"1EXISTING FLOOR PLAN1APPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 05/10/2024P24-01344F-1 WH(E) OFFICE(E) RAISED PAYMENT CENTER & CHECK CASHINGPLATFORM(E) REFRIGERATED DISPLAY(E) PRODUCE CASE COOLER(E) REFRIGERATED MEAT DISPLAY(E) COLD STORAGE WITHREFRIGERATED DISPLAY(E) WALK-IN FREEZER(E) STORAGE(E) ADA RESTROOM(E) UTILITY (E) MEAT DEPARTMENTPROPOSED KITCHEN AREAFOR FUTURE SUBMITTAL NOT INCLUDED IN SCOPE OF THISAPPLICATION. CURRENT USE IS OPEN FLOOR SPACE ONLY(E) COUNTER(E) COUNTER W/GLASS DISPLAY(E) FOLDING ADA COUNTER(E) BAGGED ICE STORAGE(E) 3 DOOR FREEZER(E) DELI CASEELECTRICAL SUB PANELELECTRICAL SUB PANEL(E) ICE MAKEREXISTING(E) MEAT GRINDERS(E) MEAT SAW(E) FOOD PROCESSINGTABLE W/ MEAT SLICER1111MIN. 2A:10N:CPORTABLE FIREEXTINGUISHERMIN. 2A:10N:CPORTABLE FIREEXTINGUISHER15'-10"11'-10"EXITEXITPATH FOR EGRESSPATH FOR EGRESSPATH FOR EGRESS11234IF THIS SHEET IS NOT 24"x36", IT HAS BEEN RESIZED - SCALE ACCORDINGLY 0 1/4" 1/2" 1" 2" SHEET NUMBERSHEET TITLESHEET DETAILSDRAWN BY:CHECKED BY:PROJECT REVISIONSPROJECT#PROJECT NO:PROJECT DETAILSSUBMITTAL DATE:5613 Squire Wells WayRiverbank, CA 95367209.614.8562 David@Graphitedd.bizCONSULTING ENGINEERAUTHORITY HAVING JURISDICTIONSEALCBA5/3/2024 7:27:05 PM D:\Graphite\DRAWINGS\2024\1 COMPLETED PROJECT\FRESNO MINI MART\MAIN\2717 NORTH HUGHES AVE - FRESNO.rvtA3EXITING PLANA'S FAMILYMARKETYESLAM HAIMED2717 N. HUGHES AVE.AuthorChecker2717 N. HUGHES AVE.FRESNO, CA MARK DATE DESCRIPTION1 Date 1 CITY OF FRESNO1/4" = 1'-0"1EXITING PLAN1APPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 05/10/2024P24-01344F-2 # ! ! # % $ # #"! !!! !# ! " !!" (,% ).'-! (# )# *# +#! ,# ! ! # APPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 04/23/2024P24-01344 O-1 APPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 04/23/2024P24-01344 O-2 Exhibit ) Operational Statement [Mission Statement] Our mission is to create a welcoming, efficient, and clean grocery environment that offers a broad selection of high-quality, fresh, and diverse products while providing outstanding customer service. We strive to meet the daily needs of our community with integrity, excellence, and care. ➢ Store Goals and Objectives 1. Diverse and High-Quality Product Selection ● Extensive Assortment: We will offer a wide variety of items, including fresh produce, meats, dairy, baked goods, frozen foods, beverages, and household items. Organic, local, and specialty items will be available to accommodate various dietary needs and preferences. ● Freshness Guaranteed: All perishable goods will meet strict quality and freshness standards. Routine inventory checks and strong supplier relationships will help maintain high product quality. 2. Exceptional Customer Service ● Knowledgeable Staff: Our employees will be well-trained to offer assistance, recommend products, and resolve concerns efficiently and warmly. ● Speed and Efficiency: We will implement multiple checkout lanes, including self-checkout options, to minimize wait times and enhance the shopping experience. 3. Clean and Organized Store Environment ● Hygiene Standards: Regular cleaning of all store areas, including carts and restrooms, will ensure a sanitary experience for all customers. ● User-Friendly Layout: Clearly marked aisles and signage will support easy navigation throughout the store. 4. Community and Environmental Responsibility ● Sustainable Practices: We will prioritize eco-friendly actions such as reducing plastic use, recycling, and sourcing from local and sustainable suppliers. APPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 07/07/2025P24-01344 O-1 ● Community Engagement: We will collaborate with local businesses and nonprofits and actively seek customer feedback to better serve our shoppers. 5. Modern Technology and Innovation ● POS and Analytics: Updated point-of-sale systems will streamline transactions and help us better understand inventory and customer preferences. ● Online Options: We will evaluate online ordering and delivery services to accommodate customers who value convenience. 6. Operational Effectiveness ● Inventory Management: Efficient systems will be in place to monitor stock levels and reduce waste through audits and real-time tracking. ● Training: Staff will undergo regular training to ensure the delivery of top-tier customer service. 7. Enhanced Customer Experience ● Customer Engagement: Feedback will be gathered via surveys and suggestion boxes to guide store improvements. ● Loyalty Programs: Promotions and reward systems will encourage repeat visits and enhance customer satisfaction. ● Customer Service Center: This area will include services such as returns, money orders, inquiries, and loyalty program support. Layout ● 12-ft counter with two cash registers for customer checkout. Services Offered ● Money orders ● Check cashing ● Send/receive money ● Bill payment services (City of Fresno, PG&E, credit cards, mortgage, auto loans, and more) ● Printing/faxing station ● Partner with Amazon hub APPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 07/07/2025P24-01344 O-2 This comprehensive store strategy supports a full-service grocery experience that prioritizes freshness, service, efficiency, and community engagement. 8. Health and Safety ● Food Safety: Full compliance with all food safety regulations will be strictly enforced. ● Employee Safety: We will implement comprehensive training and workplace safety protocols to ensure a secure working environment. ➢ Key Store Departments with Measurements Items include, but are not limited to, the following examples listed under each department. 1. Refrigerated Foods and Beverages (16 doors) ● Items include, but are not limited to: ○ Dairy & Eggs: milk (full fat, 2%, skim, flavored (chocolate, strawberry), lactose-free, plant-based: soy, almond, oat), butter, yogurt (plain, Greek), cheese (string cheese, mozzarella, parmesan, American, cottage, cream cheese), kefir, buttermilk, yogurt drinks, whipped cream, sour cream, half & half, coffee creamer, protein shakes, eggs ○ Beverages: water, flavored water, soft drinks, sports drinks, energy drinks, iced coffee/teas, kombucha, probiotics drinks, kid’s drinks, fruit juices (apple, orange, grape) ○ Percentage of sale 20% of total sales Beer and wine ○ Proposed Beer location would be 4 doors in the 16 doors walk-in cooler in the section labeled “K” in the floor plan approximately 160 sf. Display of approximately 40 sf and rest sf used for storage. ○ Main side door used for employees only. ○ Proposed sale percentage of beer would be 5% of our total sales. ○ Wine location would be two doors in section “J” approximately 20sf of display with no storage. 2. Frozen Foods ● Items include, but are not limited to: ○ Frozen Section (3 doors): frozen vegetables (okra, mixed vegetables, green beans, broccoli, corn), frozen fruit (mixed berries, strawberries, mangoes, pineapple, peaches), fruit concentrates (apple, grape, orange), chicken, turkey and beef patties, chicken nuggets/tenders, wings, Hot APPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 07/07/2025P24-01344 O-3 Pockets, pizza, burritos, chimichangas, pancakes, waffles, corn dogs, sausages, TV dinners (chicken pot pie, macaroni, lasagna, meatloaf). ○ Ice Cream Coolers: popsicles, ice cream cones, gallon tubs. ○ Bagged ice. ○ Percentage of sale 10% of total sales 3. Hot Foods (8-foot warmer case) ● Items include, but are not limited to: ○ Crispy chicken, popcorn chicken, wings, fries, rotisserie chicken, hot dogs, corn dogs, burritos, chimichangas, pizza slices. ○ Percentage of sale 10% of total sales 4. Deli ( 8-foot long) ● Items include, but are not limited to: ○ Sliced deli meats, salami, sausage, hot links, cheeses, salads, sandwiches, cold side dishes (coleslaw, ceviche, pasta salad, egg salad, potato salad). ○ Percentage of sale 10% of total sales 5. Meat & Seafood (850 sq ft, 24-foot long) ● Items include, but are not limited to: ○ Meat Department: – Fresh cuts and pre-packaged meats. • Includes: beef (sirloin, flank, skirt steak), pork, poultry (chicken, turkey), lamb, seafood (shrimp, fish: catfish, salmon, tilapia, pompano), specialty meats (carne asada, taco meat). ○ Percentage of sale 10% of total sales 6. Bakery (12-foot display case and 8-foot shelving) ● Items include, but are not limited to: ○ Cakes, donuts, Mexican bread (from local bakeries), tortillas (corn, flour), bread (whole wheat, white), English muffins, baguettes, rolls, hamburger buns, hotdog buns, cookies, pastries (croissants, danishes, tarts, pies), bagels, brownies. ○ Percentage of sale 5% of total sales 7. Produce: • Layout: One 12-foot refrigerated produce case for fruits and vegetables. Two 8-foot dry tables for non-refrigerated produce. APPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 07/07/2025P24-01344 O-4 ● Items include, but are not limited to: ○ Refrigerated and non-refrigerated fruits, vegetables, herbs, and specialty produce. ○ Fruits: Oranges, bananas, berries (raspberries, blueberries, strawberries), apples (gala, fuji, red, honeycrisp, granny smith, red delicious), melons (honeydew, cantaloupe, watermelon), peaches (white, nectarine), grapes, pineapple, mangoes, avocados, cherries, figs, kiwi, pomegranate, plums. ○ Vegetables: Lettuce (romaine, iceberg, spring mix), tomatoes (roma, cherry, red vine), asparagus, potatoes, onions (Spanish, yellow, white), bell peppers (green, red, yellow), chillies, cucumbers, broccoli, cauliflower, zucchini, cilantro, yams, sweet potato, eggplant, jicama, carrots, squash, radish, green beans, snow peas, tomatillo, lemon, cabbage (red, green), brussel sprouts, kale, spinach, leeks, green onions, okra, lemons, limes, corn. ○ Herbs: bay leaves, thyme, oregano, parsley, cilantro, dill, rosemary, ginger, turmeric, chives, garlic. ○ Specialty produce: nopales, cactus pear, chayote, persimmon, dragon fruit, star fruit, loquat. ○ Percentage of sale 10% of total sales 8. General Items ● Items include, but are not limited to: ○ Hygiene/Personal Care: shampoo, conditioner, deodorant, toothpaste, toothbrushes, listerine, feminine products (pads, wipes, wash), toilet paper, razors, q-tips, cotton pads/balls, hand soap, sun protection, body lotion ○ Healthcare: first aid (bandaids, antibiotic ointment, alcohol wipes), cold and flu medication ○ Household: garbage cans, laundry detergent, dryer sheets, cleaning supplies (bleach, dish soap, brushes, brooms, mops, dustpans), paper towel, aluminum foil, plastic wrap, aluminum trays, disposable cups/plates/tupperware/utensils, pots, pans, coffee filters, bamboo skewers, fly swatters, pest control supplies. ○ Cooking Essentials: honey, syrups, sugar, sweeteners, salt, baking powder/soda, flours, corn starch, pie crusts, extracts, ice cream cones, sprinkles, frosting, baking mixes (pudding, jello, boxed cake, pancake, corn muffin), chocolate chips, yeast, pie filling, oils, spices (black pepper, paprika, turmeric, garlic, seasoning salt, etc.), vinegars (red wine, apple cider, white), condiments (ketchup, mustard, bbq sauce, ranch, mayonnaise), sauces (soy, worcestershire, tomato, alfredo), evaporated milk, sweetened condensed milk, powdered milk (Nido). APPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 07/07/2025P24-01344 O-5 ○ Canned Goods: fish, chicken, luncheon meat, fruits (peaches, cranberries, pineapple, fruit cocktail), vegetables (mixed, corn, green beans, peas), soups, ravioli, stew, beans, lentils, olives. ○ Dry goods: pasta, rice, cereal, boxed meals and sides (pasta salads, stuffing, rice), seeds (pumpkin, sunflower, flax, seed). ○ Snacks & Candy: chips, cookies, crackers, chocolate, nuts, trail mix, dried fruit, fruit snacks, gums and mints, fruit cups and applesauce, pudding and jello cups, jerky, popcorn, pretzels, snack cakes. ○ Baby Needs: wipes, diapers, baby food (pureed, snacks, formula), baby oil/lotion/powder, baby wash/shampoo, bottles, baby bottle brushes, sippy cups. ○ Miscellaneous: toys, charcoal, lighter fluid, lighters, antifreeze/washer fluid, party supplies (balloons, candles, streamers, bows, gift bags/wrap), office supplies (pens, books, notepads, markers, tape), pet food (cat, dog, bird; canned and packaged). ○ Percentage of sale 20% of total sales APPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 07/07/2025P24-01344 O-6 WHLEGENDMEAT DEPARTMENTBAKERY COUNTERPRODUCEPRODUCT SHELVINGBEVERAGE & COLD FOOD PRODUCTSCUSTOMER SERVICEICE CREAM COOLER(E) OFFICE(E) RAISED PAYMENT CENTER & CHECK CASHINGPLATFORM(E) REFRIGERATED DISPLAY"L"(E) PRODUCE CASE COOLER"H"(E) REFRIGERATED MEAT DISPLAY"C"(E) COLD STORAGE WITHREFRIGERATED DISPLAY(E) WALK-IN FREEZER"D" "E"(E) STORAGE(E) ADA RESTROOM(E) UTILITY (E) MEAT DEPARTMENT(E) BAKERY COUNTER(E) COUNTER W/GLASS DISPLAY(E) FOLDING ADA COUNTER(E) BAGGED ICE STORAGE"N"(E) 3 DOOR FREEZER"G"(E) DELI CASE"B"(E) MEAT GRINDERS(E) MEAT SAW(E) FOOD PROCESSINGTABLE W/ MEAT SLICER1KITCHEN AREA"A""I""F""V""M""U""T""S""R""Q""P""O""K""J"1234IF THIS SHEET IS NOT 24"x36", IT HAS BEEN RESIZED - SCALE ACCORDINGLY 0 1/4" 1/2" 1" 2" SHEET NUMBERSHEET TITLESHEET DETAILSDRAWN BY:CHECKED BY:PROJECT REVISIONSPROJECT#PROJECT NO:PROJECT DETAILSSUBMITTAL DATE:5613 Squire Wells WayRiverbank, CA 95367209.614.8562 David@Graphitedd.bizCONSULTING ENGINEERAUTHORITY HAVING JURISDICTIONSEALCBA6/6/2025 11:40:22 AM D:\Graphite\DRAWINGS\2024\1 COMPLETED PROJECT\FRESNO MINI MART\MAIN\2717 NORTH HUGHES AVE - FRESNO.rvtA4UTILIZATION LEGENDA'S FAMILYMARKETYESLAM HAIMED2717 N. HUGHES AVE.AuthorChecker2717 N. HUGHES AVE.FRESNO, CA MARK DATE DESCRIPTION1 Date 1 CITY OF FRESNO1/4" = 1'-0"1UTILIZATION LEGEND159 sf40 sf19 sfBeerWineStorageAPPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 06/13/2025P24-01344F Exhibit G Planning and Development Department 2600 Fresno Street, Room 3043 Jennifer K. Clark, AICP, HDFP Fresno, California 93721-3604 Director (559) 621-8277 www.fresno.gov April 2, 2025 Please reply to: Valeria Ramirez (559) 621-8046 Valeria.Ramirez@fresno.gov Yeslam Haimed asfamilymarket@gmail.com (Sent via email) SUBJECT: CONDITIONAL USE PERMIT APPLICATION NO. P24-01344 FOR PROPERTY LOCATED AT 2717 NORTH HUGHES AVENUE (APN: 442-082-29). On April 2, 2025, the Planning Commission approved Conditional Use Permit Application No. P24-01344, which was filed by Yeslam Haimed of A’s Family Market, and pertains to the ±0.76 acre lot located at 2717 North Hughes Avenue. The applicant is proposing to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises) at an existing business. The parcel is zoned CC (Commercial Community). The location and business of the proposed project is located is already existing, and no tenant improvements are being proposed. The project is solely for the establishment of a State of California Alcoholic Beverage Control Type 20 alcohol license. Therefore, the project was determined to be exempt from the California Environmental Quality Act on April 2, 2025, through a Section 15301/Class 1 Categorical Exemption (Existing Facilities). The approval of this project is subject to compliance with the following Conditions of Approval: CONDITIONS OF APPROVAL PART A – ITEMS TO BE COMPLETED The following items are required prior to issuance of building permits and/or prior to occupancy: Planner to check when completed 1. Development shall take place in accordance with Exhibits A, E, F, O-1 & O-2 dated April 9, 2024. If any, transfer all red line notes, comments, conditions, etc. to the corrected exhibit(s) and submit to planner at least 15 days prior to Conditional Use Permit Application No. P24-01344 April 2, 2025 Page 2 PART B – OTHER AGENCY COMMENTS AND CONDITIONS 1. Fire: Approved as submitted. No appointment or initial required. Approval of this plan does not authorize or approve any omission or deviation from applicable adopted codes and adopted standards. Final approval is subject to field inspection.^^ If you have questions and would like more information regarding FFD sign off of the corrected site plan. 2. Demonstrate compliance with FMC Section 15-2706-S (Cancel and Transfer) prior to issuance of a State of California Alcoholic Beverage Control Type 20 (beer, wine for consumption off premises where sold). Each ABC license that is canceled also includes surrender of the alcohol-sales portion of all related Conditional Use Permits and waiver of any legal non- conforming use rights related to the sale of alcohol for off-site consumption. • Provide a letter of acknowledgement from the store owner(s)/operator(s) that will be surrendering the alcohol-sales portion of all related Conditional Use Permits associated with their store/operation. Therefore, A’s Family Market shall cancel three (1) ABC license and transfer four (2) ABC licenses as set forth in Table 15-2706. 3. Provide the property line dimensions on the site plan (Exhibit A). 4. Depict the legal description of the property on the site plan (Exhibit A). 5. Depict where the alcohol will be displayed on the floor plan (Exhibit F). 6. Depict the type of items that will be provided and where they will be displayed on the floor plan (Exhibit F). 7. Depict the square footage of the establishment on the floor plan and the Operational Statement (Exhibit F & Exhibit O). 8. Include the following information into the Operational Statement (Exhibit O): • Correct the zone district to CC (Commercial Community) • Number of employees • A more detailed description of the proposed use and its operations. Conditional Use Permit Application No. P24-01344 April 2, 2025 Page 3 Development Policies please see the following: https://www.fresno.gov/fire- training/manuals-and-forms/^^ 2. Police: See the attached memorandum and conditions of approval dated November 1, 2024 and November 12, 2024. 3. Fresno County Environmental Health: Recommended Conditions of Approval: • Should the facility undergo remodel for Type 20 ABC license, then prior to issuance of building permits, the applicant shall submit complete food facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Consumer Food Protection Program at (559) 600-3357 for more information. • Prior to Type 20 alcohol sales, the applicant shall first obtain their Type 20 license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 225-6334 for more information. • The proposed project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to the City of Fresno Municipal Code. 4. School District: Please see attached memorandum dated April 24, 2024. 5. Council District Committee: The Council District 1 Project Review Committee recommended approval of this project on May 9, 2024. The motion was carried by a vote of four (4) in favor and none opposed. PART C – OTHER REQUIREMENTS 1) Planning/Zoning/Environmental Compliance Requirements a) Development shall take place and be maintained in accordance with final approved Exhibits A, F, E, O-1 and O-2 for Conditional Use Permit Application No. P24-01344, dated April 9. 2024. b) Development shall take place in accordance with the policies of the Fresno General Plan, Fresno High-Roeding Community Plan and with the proposed Neighborhood Commercial planned land use designation. Conditional Use Permit Application No. P24-01344 April 2, 2025 Page 4 c) Development shall take place in accordance with the CR (Commercial - Regional) zone district and all other applicable sections of the Fresno Municipal Code (FMC). d) A valid Business License Tax Certificate for the establishment shall be maintained at all times. e) Operation shall take place in accordance with the attached “Notes and Requirements for Entitlement Applications” as applicable. f) Operations shall take place in accordance with Section 15-2706 (Alcohol Sales – The Responsible Neighborhood Market Act) of the FMC. Any future development of this site shall also require full compliance with the Code. 2) Responsible Neighborhood Act Requirements a) Landscaping (i) New Buildings. Landscaping shall be provided per the underlying District. (ii) Existing Buildings. Perimeter landscaping and Parking Lot Shading shall be provided per the underlying district. The Review Authority, at their discretion, may make exceptions to the prescribed standards, however, in no case shall the reduction result in a net reduction of 35 percent or greater in the amount of landscaping provided. Landscaping may also be aggregated to minimize the impact on existing parking areas. b) Lighting. The exterior of the premise, including adjacent public sidewalks and all parking lots under the control of the establishment, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, required illumination shall be placed and/or shielded in a way that minimizes interference with the neighboring residences. c) Litter and Graffiti (i) Trash and recycling receptacles shall be provided by public entrances and exits from the building. (ii) The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises. (iii) The owner or operator shall remove graffiti within 48 hours. d) Pay Phones and Vending Machines. External pay phones and snack vending machines are prohibited. Conditional Use Permit Application No. P24-01344 April 2, 2025 Page 5 e) Video Surveillance (i) Establishments must equip a fully functional color digital video camera system. (ii) The system must continuously record, store, and be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business. (iii) The system shall have the correct date and time stamped onto the image at all times. (iv) The camera storage capacity should be for at least two weeks (14 calendar days). Such cameras must be capable of producing a retrievable and identifiable image than can be made a permanent record and that can be enlarged through projection or other means. (v) If utilizing a digital video recorder, it must be capable of storing at least 14 days of real-time activities. (vi) The system shall be capable of producing a CD or digital playback feature and may be provided to an authorized representative of the Fresno Police Department within 24 hours of the initial request relating to a criminal investigation only. (vii) The interior of the business must have at least one camera placed to focus on each cash register transaction to include the clerk as well as the customer waiting area. (viii) There shall be four exterior cameras placed so as to record activities in the primary customer parking areas of their business. These cameras should be of sufficient quality to be able to identify persons and or vehicles utilizing the business parking lot. (ix) All interior cameras shall record in color. (x) All exterior cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior cameras should be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism. f) Signage (i) The provisions specified under Article 26, Signs and this subsection shall apply. Where conflict may occur between the provisions of Article 26 and this subsection, the more restrictive provisions shall govern. (ii) The following copy is required to be prominently posted in a readily visible manner Conditional Use Permit Application No. P24-01344 April 2, 2025 Page 6 on an interior wall or fixture and not on windows: "California State Law Prohibits the Sale of Alcoholic Beverages to Persons Under 21 Years of Age." "No Loitering is Allowed On or In Front of These Premises." "No Open Alcoholic Beverage Containers are Allowed on These Premises." (iii) No more than 15 percent of the square footage of each window and clear door that is visible to the public from a public thoroughfare, sidewalk, or parking lot of an off- sale alcohol retail outlet shall bear advertising, signs, or other obstructions of any sort. The area covered by signs or advertising includes all clear areas within signs or advertising, such as the clear area within neon signs. Signage, advertising, or other obstructions inside or outside the establishment that are not physically attached to the windows or doors, but are visible from a public thoroughfare, sidewalk, or parking lot in the same manner as if they were physically attached is included in the 15 percent limitation. Any signage required by law shall not count towards the 15 percent limitation, but shall nonetheless follow rules related to visual obstruction. (iv) Advertising and signage on windows and clear doors shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the outlets, including the area in which the cash registers are maintained, from exterior public sidewalks, parking lots, or entrance to the outlets. (v) Any establishment located within 250 feet of a sensitive use may not advertise alcohol sales in a manner visible from the outside of the establishment, such as from a public thoroughfare, sidewalk, or parking lot. g) Loitering and Other Nuisance Activities. The operation of the establishment shall not result in repeated nuisance activities on the property, which may include, but are not limited to, repeated disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, alcoholic beverage and tobacco sales to minors, harassment of passerby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or other violations of City, State, or federal laws, especially when contributing to a proportionally high rate of police reports and arrests to the area. h) Training. The owners and all employees of the establishment who are involved in the Conditional Use Permit Application No. P24-01344 April 2, 2025 Page 7 sale of alcoholic beverages must complete approved course(s) in training of liquor sales and handling within sixty days after approval of the Conditional Use Permit becomes final, or for employees hired after the approval of the Conditional Use Permit, within sixty days from the date of hire. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying or licensing body designated by the State of California. i) Compliance with Laws. The establishment must remain in compliance with all local, State, and federal laws, regulations, and orders, as well as all conditions of approval imposed on the use. This includes compliance with annual City business license fees. j) Posting of Conditions. A copy of all conditions of approval and training requirements shall either be posted in a conspicuous and unobstructed place near the entrance, cashier counter, or customer service area of the establishment or posted in an employee area and provided upon request (e.g. via flyer or brochure) to patrons and enforcement officials. k) Prohibited Products. The sale or distribution of one or more of the following shall be prohibited. (i) Wine in containers of less than 750 milliliters. (ii) Single containers of beer, malt liquor, wine coolers, and similar alcoholic beverages not in original factory packages of four-packs or greater. (iii) Distilled spirits in containers of less than 375 milliliters. (iv) Paper or plastic cups in quantities less than their usual and customary packaging. l) Cancel and Transfer (i) New establishments shall transfer and cancel ABC licenses in good standing as set forth in Table 15-2706 below, from within a Council District identified as having an overconcentration of ABC licenses for off-sale use, as determined by the Director following review of data prepared by the California Department of Alcoholic Beverage Control. The ABC license will be submitted to the Alcoholic Beverage Control for permanent cancellation. A canceled ABC license cannot be reactivated or reinstated. (ii) Each ABC license that is canceled also includes surrender of the alcohol-sales portion of all related Conditional Use Permits and waiver of any legal non- conforming use rights related to the sale of alcohol for off-site consumption. (iii) Exemptions. a. The Cancel and Transfer requirements shall not apply when an establishment is Conditional Use Permit Application No. P24-01344 April 2, 2025 Page 8 required to relocate as the result of a taking by eminent domain and a license transfer to a new establishment site is necessary due to such taking. b. Existing establishments that seek to expand their floor area or extend their operating hours. c. Existing establishments that seek to relocate if the proposed relocation meets the requirements of Section 15-2706.F.7. 3) Miscellaneous Requirements a) Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: i) All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; ii) All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, iii) Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. b) Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. c) The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. APPEALS A notice of intent to take action was mailed to nearby property owners on April 25, 2024, which commenced a 10-day comment period. During the comment period, no public comment was received. The project was conditionally approved on April 2, 2025. This commences a 15-day appeal period. Should an appeal be received, it shall be scheduled to be heard before the Planning Commission. Please be advised that this project may be subject to a variety of discretionary conditions of approval. Conditional Use Permit Application No. P24-01344 April 2, 2025 Page 9 These conditions based on adopted City plans, ordinances and policies; those determined to be required through the interdepartmental/interagency review process; and those determined through the environmental assessment process as necessary to mitigate adverse effects on the health, safety and welfare of the community. The conditions of approval may also include requirements for development and use that would, on the whole, enhance the project and its relationship to the neighborhood and environment. All conditions of approval based on adopted plans, codes, and regulations are mandatory. Conditions based on the FMC may only be modified by variance, provided the findings required by FMC Section 15-5506 can be made. Discretionary conditions of approval may be appealed but will ultimately be deemed mandatory unless appealed in writing to the Director within 15 days or by April 17, 2025. In the event you wish to appeal against the Director’s decision, you may do so by filing a written appeal with the Director. The appeal shall include the appellant’s interest in or relationship to the subject property, the decision or action appealed and specific reasons why the applicant believes the decision or action appealed should not be upheld. If you wish to appeal the decision, a written request must be received at the Planning and Development Department by April 17, 2025. The written request should be addressed to the Planning and Development Director and the project planner identified below and include the application number referenced above. Please submit the request in writing (mail or email to PublicCommentsPlanning@fresno.gov and CC the planner listed below) to the Planner by the date noted above. A $1,002.32 fee applies to an appeal by an applicant (no fee applies if member of the public). The fee is required prior to accepting the appeal, as required by Section 15-5017-A.1 of the FMC and established by the Master Fee Schedule. COMPLIANCE REVIEW PROCESS Please Note: To complete the compliance review process for building permits relative to planning and zoning issues, please upload electronic PDF copies of the corrected, final site plan, elevations, landscape, and irrigation plans, operational statement, any fees and title reports for required covenants, and any required studies or analyses into the compliance record for final review and approval into the compliance record at least 15 days before applying for building permits. The compliance record number for this application is P24-XXXXX. These documents can be uploaded electronically to the Accela Citizen Access portal. Contact Planner once any corrected exhibits are uploaded. It may be necessary to resubmit these “corrected exhibits” a second time if not all the conditions have been complied with or are not shown on the exhibits. Once the “corrected exhibits” are approved by the Planning and Development Department, please place these exhibits in the plan check set. Copies of the final approved site plan, elevations, landscaping, and irrigation plans stamped by the Planning and Development Department must be submitted for unstamped copies of the same in each of the sets of construction plans submitted for plan check prior to the issuance Conditional Use Permit Application No. P24-01344 April 2, 2025 Page 10 of building permits. EXPIRATION DATES Pursuant to Section 15-5013 of the FMC, a Minor Revised Exhibit shall automatically expire if it is not exercised or extended within three years of its issuance. A Minor Revised Exhibit approval is exercised when a City Building Permit or Grading Permit is secured, and physical construction lawfully commenced. After a Grading Permit is issued, the applicant shall maintain an active permit until completion of the project. The exercise of rights granted by this special permit must be commenced by April 2, 2028, (three years from the date of approval); unless extended in accordance with Section 15-5013-A-1 of the FMC. All improvements must be installed prior to the operation of the proposed use. If you have any questions regarding this letter, feel free to give me a call at the number listed above or by email at Valeria.Ramirez@fresno.gov. Sincerely, Valeria Ramirez Valeria Ramirez, Planner II Planning and Development Department Enclosures: Exhibits A, E, F, O-1 and O-2 dated April 9, 2024 & May 10, 2024 Comments from partnering Agencies and Departments Notes and Requirements for Entitlement Applications 1. Fire: Approved as submitted. No appointment or initial required. Approval of this plan does not authorize or approve any omission or deviation from applicable adopted codes and adopted standards. Final approval is subject to field inspection.^^ If you have questions and would like more information regarding FFD Development Policies please see the following: https://www.fresno.gov/fire- training/manuals-and-forms/^^ 2. Police: See the attached memorandum and conditions of approval dated October 28, 2024 and November 12, 2024. 3. Fresno County Environmental Health: Recommended Conditions of Approval: • Should the facility undergo remodel for Type 20 ABC license, then prior to issuance of building permits, the applicant shall submit complete food facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Consumer Food Protection Program at (559) 600-3357 for more information. • Prior to Type 20 alcohol sales, the applicant shall first obtain their Type 20 license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 225-6334 for more information. • The proposed project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to the City of Fresno Municipal Code. 4. School District: Please see attached memorandum dated April 24, 2024. 5. Council District Committee: The Council District 1 Project Review Committee recommended approval of this project on May 9, 2024. The motion was carried by a vote of four (4) in favor and none opposed. 1 DISTRICT 1 PROJECT REVIEW COMMITTEE PROJECT REVIEW May 9, 2024 _______γ ___ Project Record Item 5a PROJECT INFORMATION A. ABC Conditional Use Permit Application No. P24-01344 was filed by Yeslam Haimed and pertains to the ±0.76-acre lot located at 2717 N Hughes Avenue. The applicant is proposing to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises) at an existing business. Location: 2717 North Hughes Avenue APN: 442-082-29 Zoning: CC (Commercial Community). COMMITTEE RECOMMENDATION On a motion by Chair Castech, and seconded by Committee Member Fabian, the Council District 1 Project Review Committee recommended approval of this project on May 9, 2024. The motion was carried by a vote of four (4) in favor and none opposed. Staff Liaison: Date: ________ 5/16/2024 Exhibit H 1. Fire: Approved as submitted. No appointment or initial required. Approval of this plan does not authorize or approve any omission or deviation from applicable adopted codes and adopted standards. Final approval is subject to field inspection.^^ If you have questions and would like more information regarding FFD Development Policies please see the following: https://www.fresno.gov/fire- training/manuals-and-forms/^^ 2. Police: See the attached memorandum and conditions of approval dated October 28, 2024 and November 12, 2024. 3. Fresno County Environmental Health: Recommended Conditions of Approval: • Should the facility undergo remodel for Type 20 ABC license, then prior to issuance of building permits, the applicant shall submit complete food facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Consumer Food Protection Program at (559) 600-3357 for more information. • Prior to Type 20 alcohol sales, the applicant shall first obtain their Type 20 license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 225-6334 for more information. • The proposed project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to the City of Fresno Municipal Code. 4. School District: Please see attached memorandum dated April 24, 2024. 5. Council District Committee: The Council District 1 Project Review Committee recommended approval of this project on May 9, 2024. The motion was carried by a vote of four (4) in favor and none opposed. 1 DISTRICT 1 PROJECT REVIEW COMMITTEE PROJECT REVIEW May 9, 2024 _______γ ___ Project Record Item 5a PROJECT INFORMATION A. ABC Conditional Use Permit Application No. P24-01344 was filed by Yeslam Haimed and pertains to the ±0.76-acre lot located at 2717 N Hughes Avenue. The applicant is proposing to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises) at an existing business. Location: 2717 North Hughes Avenue APN: 442-082-29 Zoning: CC (Commercial Community). COMMITTEE RECOMMENDATION On a motion by Chair Castech, and seconded by Committee Member Fabian, the Council District 1 Project Review Committee recommended approval of this project on May 9, 2024. The motion was carried by a vote of four (4) in favor and none opposed. Staff Liaison: Date: ________ 5/16/2024 Exhibit I Noticing Map Legend Subject Property Noticing Boundary CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NEIGHBORHOOD NOTIFICATION Please Note: You are receiving this notice because you own property within 1,000 feet of a property that has requested a special permit for a use described below. For this type of permit, the Fresno Municipal Code (FMC) requires that the City give notice to surrounding property owners to provide the opportunity to express concerns or protest the special permit. Further information is provided below. If you have no concerns regarding the permit, no response is needed. NOTICE IS HEREBY GIVEN that the Planning and Development Department Director, in accordance with Common Procedures of the FMC, Section 15-5007, will take action on the applications below: Application Type and Number: Conditional Use Permit Application No. P24-01344 Applicant: Yeslam Haimed on behalf of A’s Family Market Location: 2717 North Hughes Avenue; Located on the west side of North Hughes Avenue in between North Weber and West Princeton Avenues. Application Description: The applicant requests authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold) for an existing business (A’s Family Market). Zone District: CC (Commercial – Community) Protest Deadline: May 6, at 5:00 p.m. The purpose of this notice, at this time, is only to solicit public input and provide members of the public with opportunity to communicate comments or concerns for consideration prior to the Director making a final determination for project action. In the event you wish to provide comments for consideration, you may do so by written letter sent via post mail to the address below or via written email to PublicCommentsPlanning@fresno.gov (cc Valeria.Ramirez@fresno.gov). Comments must include your interest in, or relationship to, the subject property and specific reason(s) why you believe the project should or should not be approved. ANY WRITTEN comments, concerns or requests for notification of final project action must be submitted to this office prior to close of business on: May 6, 2024 If you wish to be notified of the Director’s final action in order to be provided opportunity to formally appeal said action, you must specify in your written comments that you wish to be notified of final project action. If no written request for notification of final project action is included in the written comments, you will not be notified of the Director’s final action and no further communication or notice will be sent. Once the Director takes final action there will be a 15-day appeal period. Unless otherwise specified in governing state or federal law, all formal appeals shall be filed with the Director in writing, within 15 days of the date of the Director’s final project action, decision, CEQA determination, motion, or resolution from which the final action is taken. Failure to object to the Director’s final action and/or state said reasons prior to the decision shall potentially bar any later court challenge to the project approval. All documents related to this project are available for public review at the Planning and Development Department at the address listed below or electronic copies may be requested by contacting the Planner at the number listed below. Documents are available for viewing at City Hall during normal business hours (Monday-Friday, 8 a.m.-5 p.m.) by appointment only. Please contact the Planner listed below via e-mail or by phone to request electronic copies or to schedule an appointment to view documents. For additional information, contact Valeria Ramirez, Planning and Development Department, by telephone at (559) 621-8046 or via e-mail at Valeria.Ramirez@fresno.gov. Si necesita información en Español, comuníquese con Valeria Ramirez al teléfono (559) 621-8070 o por correo electrónico Valeria.Ramirez@fresno.gov. PLANNING AND DEVELOPMENT DEPARTMENT Jennifer K. Clark, AICP, HDFP, Director Dated: April 25, 2024 SEE MAP ON REVERSE SIDE VALERIA RAMIREZ PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO STREET, ROOM 3043 FRESNO, CA 93721 THIS IS A LEGAL NOTICE 2717 North Hughes Avenue ABCUP P24-01344 VICINITY MAP Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 SOUTH ORANGE AVENUE EAST NORTH AVENUE SOUTH FIRST STREET CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF ACTION GRANTING SPECIAL PERMIT CONDITIONAL USE PERMIT APPLICATION NO. P24-01344 NOTICE IS HEREBY GIVEN that the Director of the Planning and Development Department, in accordance with Special Permit Procedure of the Fresno Municipal Code (FMC) Section 15-5009, has denied Conditional Use Permit Application No. P24-01344, requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold) at an existing business. The parcel is zoned CC (Commercial – Community). This denial action is based upon the project’s noncompliance with the requirements of Fresno Municipal Code (FMC) Section 15-2706-F (Location Restrictions). Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, this item is not a project for the purposes of CEQA. However, in the event the item is approved (either by Planning Commission or City Council), a determination of a Categorical Exemption under Section 15301/Class 1 (Existing Facilities) of the CEQA Guidelines would be appropriate. *This document is available for review at the Planning and Development Department, located at 2600 Fresno Street, 3rd Floor, Fresno, California 93721. Conditional Use Permit Application No. P24-01344 was granted subject to the following findings: Findings per FMC Section 15-5306 A Conditional Use Permit shall only be granted if the decision-maker determines that the project as submitted or as modified conforms to all of the following criteria. If the decision-maker determines that it is not possible to make all of the required findings, the application shall be denied. a. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code; Finding a: Finding (a) cannot be made for the following reason: The proposed alcohol sales component is not a use by right and is required to obtain a Conditional Use Permit under the Responsible Neighborhood Market Act (FMC Sec. 15-2706.) The project will not comply with FMC Section 15-2706-F (Location Restrictions). The establishment is located near two other alcoholic beverage establishments, in violation of FMC Section 15-2706-F- 2; specifically, it is within 1,000 feet of two existing establishments with an off-sale license, because a U Save Liquor establishment is located ±420 feet away and a USA Gas and Food is located ±866 feet away. In addition, the proposed establishment is within a high- concentration area. Per ABC, the Census Tract 37.02 is currently over-concentrated with four existing licenses allowed and seven existing. Approval of the proposed project would result in 8 existing licenses which is greater than the license amount allowed for the population in this Census Tract. Thus, the proposed location is in a high concentration area. Further, the proposed project does not meet with any of the exceptions to location restrictions found under FMC Sec. 15-2706-F. The proposed project involves transferring and re-establishing a surrendered off-sale alcohol beverage license from another area of the City. However, the transfer of this license does not meet with the exception requirements found under FMC Sec. 15-2706-F-7. The applicant had a Type 21 license at an existing establishment (Primo’s Family Market) which was approved under Conditional Use Permit No. C-94-86 in 1994. However, that establishment had their alcohol license revoked on August 14, 2019. As the project does not meet all the requirements of Section 15-2706-F-7, this exemption is not applicable to the current application. Additionally, the proposed establishment does not meet with the exception to location restriction requirements found under FMC Sec. 15-2706-F-6, the Chief of Police has determined that the site is located within an area in which the proposed use (a) would be detrimental to the public health, safety, or welfare of persons located in the area; or (b) would increase the severity of existing law enforcement or public nuisance problems in the area. b. The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted; Finding b: Finding (b) can be made for the following reason: The proposed alcohol sales component of the project is consistent with the current General Plan land use designation of Commercial – Community, because a general market is permitted within the Commercial – Community land use classification, of which off-sale alcohol sales could be a component. c. The proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements; Finding c: Finding (c) cannot be made for the following reasons: According to the Fresno Police Department the project is located in a high-crime area with multiple criminal activities around the location. In 2023, there were a total number of 306 reported crimes in the police zone the subject property is located in (2050). Pursuant to CBPC 23958.4(c)(2), “Reported crimes” means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. In comparison, the two easterly adjoining police zones (2051 & 2151) have significantly less reported crimes in the year 2023. Police Zone 2051 has a total number of 133 reported crimes and Police Zone 2151 has a total number of 155 reported crimes. Statistically, there is a high probability that the approval of an ABC license at this location will continue to attract gang members and other criminal activity and invite more individuals to congregate and loiter. Furthermore, the Police Department determined the site is located in an area that the off-sale of alcohol would be detrimental to the public health, safety or general welfare of persons located in the area and would increase the severity of existing law enforcement or public nuisance problems in the area. d. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and, Finding d: Finding (d) cannot be made for the following reasons: As described in the analysis and findings above, the proposed establishment is located within an area of high crime and high concentration of off-sale licenses. Given these circumstances, the proposed operations (off-sale of alcohol) would not be compatible with the existing and future land uses in the vicinity as if would further increase the overconcentration of off-sale licenses and contribute to increase crimes in an existing high crime area. e. The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required. Finding e: Finding (e) can be made for the following reason: The site is proposed for a general market use, which is suitable for establishing the alcohol beverage sales use consistent with the allowable land use and intensity requirements of the underlying zone district (Commercial – Community) with adequate access, utilities and services and emergency access. f. The proposed use is consistent with the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5. Finding f: Finding (f) can be made for the following reason: The site is not located within an area of influence of the Fresno County Airport Land Use Compatibility Plan. Therefore, the project is consistent with the Fresno County Airport Land Use Compatibility Plan. The Conditional Use Permit will not become effective until 15 days from the date the permit is granted in order to allow time for any interested parties to file an appeal. NOTE: A Notice of Intent to Take Action (Neighborhood Notification) was sent to surrounding property owners pursuant to the requirements of Section 15-5007 of the FMC on April 25, 2024. In the event you wish to appeal the Director's decision, you may do so by filing a written appeal with the Director by email to PubliccommentsPlanning@fresno.gov. The appeal must include the appellant's interest in, or relationship to, the subject property, the decision or action appealed, specific reason(s) why the appellant believes the decision or action should not be upheld. ANY WRITTEN appeal must be submitted to this office prior to close of business on February 21, 2025 For additional information regarding this project, contact Valeria Ramirez, Planner II, Planning and Development Department, 2600 Fresno Street, Fresno, California 93721-3604, by phone at (559) 621- 8046 or via e-mail at Valeria.Ramirez@fresno.gov. Si necesita información en Español, comuníquese con Valeria Ramirez al teléfono (559) 621-8046 o por correo electrónico a Valeria.Ramirez@fresno.gov. PLANNING AND DEVELOPMENT DEPARTMENT Jennifer K. Clark, AICP, Director Dated: February 6, 2025 Assessor’s Parcel No. 468-273-01 SEE MAP BELOW VICINITY MAP Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 Exhibit J 450277v2 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT APPLICATION NO. P24-01344 AND THE RELATED ENVIRONMENTAL ASSESSEMENT NOTICE IS HEREBY GIVEN that the Fresno City Planning Commission, in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures of Article 50, Chapter 15, of the Fresno Municipal Code, will conduct a public hearing to consider the items below, filed by Yeslam Haimed of A’s Family Market, pertaining to approximately 0.76 acres of property located on the west side of North Hughes Avenue in between North Weber and West Princeton Avenues: 1. Consideration of Environmental Assessment No. P24-01344: A determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through Class 1 Categorical Exemption dated April 2, 2025. 2. Consideration of an Appeal of Conditional Use Permit Application No. P24-01344: Requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Off- Sale beer and wine) for A’s Family Market. Any interested person may also watch the meeting electronically during the public hearing through instructions provided on the Planning Commission Agenda, and present written testimony at least 24 hours in advance of the Planning Commission agenda item being heard, via e-comment or by email to PublicCommentsPlanning@fresno.gov (cc: Valeria.Ramirez@fresno.gov). All documents to be submitted to the Planning Commission for its consideration prior to or at the hearing shall be submitted to the Planning Commission at least 24 hours prior to the Commission agenda item being heard pursuant to the Planning Commission rules and procedures, or they may be excluded from the administrative record of proceedings. If you challenge the above applications in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearings described in this notice, or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or Planning Commission at, or prior to, the public hearing. The Planning Commission’s action on the proposed Tentative Tract Map and Environmental Assessment is final, unless appealed to the City Council. NOTE: This public hearing notice is being mailed to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007-B. All documents related to this project are available for public review by appointment only at the Planning and Development Department at the address listed below or electronic copies may be requested by contacting the Planner at the number listed below. Documents are available for viewing at City Hall during normal business hours (Monday-Friday, 8 a.m.-5 p.m.) by appointment only. Please contact the Planner listed below via e-mail or by phone to request electronic copies or schedule an appointment to view documents. For additional information, contact Valeria Ramirez, Planner II, by telephone at (559) 621-8046 or via e-mail at Valeria.Ramirez@fresno.gov. Si necesita información en Español, comuníquese con al teléfono (559) 621-8046 or email Valeria.Ramirez@fresno.gov. Jennifer K. Clark, AICP, HDFP, Director Planning and Development Department DATED: March 21, 2025 APN: 442-082-29 SEE MAP ON REVERSE SIDE Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 FRESNO CITY PLANNING COMMISSION Date/Time: Wednesday, April 2, 2025, at 6:00 p.m., or thereafter Place: City Hall Council Chamber, Second Floor, 2600 Fresno Street, Fresno CA 93721; or, Watch the live broadcast via the Zoom link located on the Planning Commission agenda found here: https://fresno.legistar.com/Calendar.aspx 450277v2 PLANNING AND DEVELOPMENT DEPARTMENT Valeria Ramirez, Planner II 2600 FRESNO ST. RM 3043 FRESNO, CA 93721-3604 THIS IS A LEGAL NOTICE REGARDING 2717 North Hughes Avenue Conditional Use Permit Application No. P24-01344 VICINITY MAP Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 N HUGHES AVE Subject Property Exhibit K 530129v1 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT APPLICATION NO. P24-01344 AND THE RELATED ENVIRONMENTAL ASSESSEMENT NOTICE IS HEREBY GIVEN that the Fresno City Council, in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures of Article 50, Chapter 15, of the Fresno Municipal Code, will conduct a public hearing to consider the items below, filed by Yeslam Haimed of A’s Family Market, pertaining to approximately 0.76 acres of property located on the west side of North Hughes Avenue in between North Weber and West Princeton Avenues: 1. Consideration of an Appeal of Conditional Use Permit Application No. P24-01344: Requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Off- Sale beer and wine) for A’s Family Market. Any interested person may also watch the meeting electronically during the public hearing through instructions provided on the City Council Agenda, and present written testimony at least 24 hours in advance of the City Council agenda item being heard, Written testimony can be submitted via email to clerk@fresno.gov, or submitted in person to the City of Fresno Clerks Office in favor or against the project proposal pursuant to the City Council rules and procedures and the instructions provided on the City Council Agenda. If you challenge the above applications in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearings described in this notice, or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or City Council at, or prior to, the public hearing. The Council’s action on the proposed Conditional Use Permit and Environmental Assessment is final. NOTE: This public hearing notice is being mailed to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007-B. All documents related to this project are available for public review by appointment only at the Planning and Development Department at the address listed below or electronic copies may be requested by contacting the Planner at the number listed below. Documents are available for viewing at City Hall during normal business hours (Monday-Friday, 8 a.m.-5 p.m.) by appointment only. Please contact the Planner listed below via e-mail or by phone to request electronic copies or schedule an appointment to view documents. For additional information, contact Valeria Ramirez, Planner II, by telephone at (559) 621-8046 or via e-mail at Valeria.Ramirez@fresno.gov. Si necesita información en Español, comuníquese con al teléfono (559) 621-8046 or email Valeria.Ramirez@fresno.gov. Jennifer K. Clark, AICP, HDFP, Director Planning and Development Department DATED: August 1, 2025 APN: 442-082-29 SEE MAP ON REVERSE SIDE Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 FRESNO CITY COUNCIL Date/Time: Thursday, August 14th, 2025, at 9:10 a.m., or thereafter Place: City Hall Council Chamber, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721; or, watch the live broadcast via the Zoom link located on the City Council agenda found here: https://fresno.legistar.com/Calendar.aspx 530129v1 PLANNING AND DEVELOPMENT DEPARTMENT Valeria Ramirez, Planner II 2600 FRESNO ST. RM 3043 FRESNO, CA 93721-3604 THIS IS A LEGAL NOTICE REGARDING 2717 North Hughes Avenue Conditional Use Permit Application No. P24-01344 VICINITY MAP Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 N HUGHES AVE Subject Property Exhibit L Planning and Development Department 2600 Fresno Street, Room 3043 Fresno, California 93721-3604 (559) 621-8277 www.fresno.gov Jennifer K. Clark, AICP, HDFP Director February 6, 2025 Please reply to: Valeria Ramirez (559) 621-8046 Valeria.Ramirez@fresno.gov Yeslam Haimed A’s Family Market asfamilymarket@gmail.com (Sent via email only) SUBJECT: CONDITIONAL USE PERMIT APPLICATION NO. P24-01344 FOR PROPERTY LOCATED AT 2717 NORTH HUGHES AVENUE (APN: 442-082-29) On February 6, 2025, the Planning and Development Director denied Conditional Use Permit Application No. P24-01344, requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold) at an existing business. The parcel is zoned CC (Commercial – Community). This denial action is based upon the project’s noncompliance with the requirements of Fresno Municipal Code (FMC) Section 15-2706-F (Location Restrictions). According to FMC Section 15-2706-F-6, a new establishment may be excepted from the location restrictions if the Review Authority determines all of the following: a. The proposed use is not located within an area in which the Chief of Police has determined, based upon quantifiable information, that the proposed use: (a) would be detrimental to the public health, safety, or welfare of persons located in the area; or (b) would increase the severity of existing law enforcement or public nuisance problems in the area. b. The proposed off-premises sale of alcoholic beverages is incidental and appurtenant to a larger retail use and provides for a more complete and convenient shopping experience. c. The proposed outlet for the off-premises sale of alcoholic beverages would act as a public convenience or necessity to an underserved portion of the community and/or enhance the vitality of an existing commercial area without presenting a significant adverse impact on public health or safety. d. The primary use of the establishment, based on information provided by the applicant, has been determined by the Review Authority to meet the definition of a General Market including a supermarket, neighborhood grocery store or a Healthy Food Grocer. Conditional Use Permit Application No. P24-01344 February 6, 2025 Page 2 The Director was unable to make the required findings for an exception to the location restrictions outlined in Section 15-2706-F. Therefore, in accordance with required findings specified for Conditional Use Permits under Chapter 15, Article 53, §15-5306 of the FMC, the proposed use, to establish a Type 20 alcohol license is denied based on the following: FINDINGS PER FRESNO MUNICIPAL CODE SECTION 15-5306 a. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code; and, Finding a: Finding (a) cannot be made for the following reason: The proposed alcohol sales component is not a use by right and is required to obtain a Conditional Use Permit under the Responsible Neighborhood Market Act (FMC Sec. 15-2706.) The project will not comply with FMC Section 15-2706-F (Location Restrictions). The establishment is located near two other alcoholic beverage establishments, in violation of FMC Section 15-2706-F-2; specifically, it is within 1,000 feet of two existing establishments with an off-sale license, because a U Save Liquor establishment is located ±420 feet away and a USA Gas and Food is located ±866 feet away. In addition, the proposed establishment is within a high-concentration area. Per ABC, the Census Tract 37.02 is currently over-concentrated with four existing licenses allowed and seven existing. Approval of the proposed project would result in 8 existing licenses which is greater than the license amount allowed for the population in this Census Tract. Thus, the proposed location is in a high concentration area. Further, the proposed project does not meet with any of the exceptions to location restrictions found under FMC Sec. 15-2706-F. The proposed project involves transferring and re-establishing a surrendered off-sale alcohol beverage license from another area of the City. However, the transfer of this license does not meet with the exception requirements found under FMC Sec. 15-2706-F-7. The applicant had a Type 21 license at an existing establishment (Primo’s Family Market) which was approved under Conditional Use Permit No. C-94-86 in 1994. However, that establishment had their alcohol license revoked on August 14, 2019. As the project does not meet all the requirements of Section 15-2706-F-7, this exemption is not applicable to the current application. Additionally, the proposed establishment does not meet with the exception to location restriction requirements found under FMC Sec. 15-2706-F-6, the Chief of Police has determined that the site is located within an area in which the proposed use (a) would be detrimental to the public health, safety, or welfare of persons located in the area; or (b) would increase the severity of existing law enforcement or public nuisance problems in the area. b. The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted; and, Conditional Use Permit Application No. P24-01344 February 6, 2025 Page 3 Finding b: Finding (b) can be made for the following reasons: The proposed alcohol sales component of the project is consistent with the current General Plan land use designation of Commercial – Community, because a general market is permitted within the Commercial – Community land use classification, of which off-sale alcohol sales could be a component. c. The proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements; and, Finding c: Finding (c) cannot be made for the following reasons: According to the Fresno Police Department the project is located in a high-crime area with multiple criminal activities around the location. In 2023, there were a total number of 306 reported crimes in the police zone the subject property is located in (2050). Pursuant to CBPC 23958.4(c)(2), “Reported crimes” means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. In comparison, the two easterly adjoining police zones (2051 & 2151) have significantly less reported crimes in the year 2023. Police Zone 2051 has a total number of 133 reported crimes and Police Zone 2151 has a total number of 155 reported crimes. Statistically, there is a high probability that the approval of an ABC license at this location will continue to attract gang members and other criminal activity and invite more individuals to congregate and loiter. Furthermore, the Police Department determined the site is located in an area that the off-sale of alcohol would be detrimental to the public health, safety or general welfare of persons located in the area and would increase the severity of existing law enforcement or public nuisance problems in the area. d. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and, Finding d: Finding (d) cannot be made for the following reason: As described in the analysis and findings above, the proposed establishment is located within an area of high crime and high concentration of off-sale licenses. Given these circumstances, the proposed operations (off-sale of alcohol) would not be compatible with the existing and future land uses in the vicinity as if would further increase the overconcentration of off-sale licenses and contribute to increase crimes in an existing high crime area. e. The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required. Finding e: Finding (e) can be made for the following reason: The site is proposed for a general market use, which is suitable for establishing the alcohol beverage sales use consistent with the allowable land use and intensity requirements of the underlying zone district (Commercial – Community) with adequate access, utilities and services and emergency access. f: The proposed use is consistent with the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5. Conditional Use Permit Application No. P24-01344 February 6, 2025 Page 4 Finding f: Finding (f) can be made for the following reason: The site is not located within an area of influence of the Fresno County Airport Land Use Compatibility Plan. Therefore, the project is consistent with the Fresno County Airport Land Use Compatibility Plan. APPEALS The Directors decision may be appealed to the Planning Commission by filing a written appeal with the Director within 15 days of the date the action was taken. Appeals may be filed by any person aggrieved by the decision. The appeal shall include the appellant’s interest in or relationship to the subject property, the decision or action appealed and specific reasons why the applicant believes the decision or action appealed should not be upheld. The appeal shall be signed by the person making the appeal and accompanied by the required fee. In the event you wish to appeal the Director’s decision, you may do so by filing a written appeal with the planner identified in this letter. The written request must be received at the Planning & Development Department by the close of business on February 21, 2025. The written request should be addressed to Jennifer K. Clark, AICP, Director, and include the application number referenced above. If you have any questions regarding this letter, feel free to contact me at (559) 621-8046. Sincerely, Valeria Ramirez Valeria Ramirez, Planner II Planning and Development Exhibit M Yeslam Haimed 2717 N. Hughes Ave Fresno, CA, 93705 Asfamilymarket@gmail.com 559-940-2168 February, 15, 2025 Jennifer K. Clark, AICP, Director Planning and Development Department Subject: Appeal of Conditional Use Permit Denial – Application No. P24-01344 Dear Director Clark, I am writing to formally appeal the denial of Conditional Use Permit Application No. P24-01344, which seeks authorization for a State of California Alcoholic Beverage Control Type 20 license at our existing business, A’s Family Market. I respectfully request reconsideration of this decision based on the following points: 1. Prior Approval from Council District 1 Project Review Committee Earlier this year, our application was reviewed and approved by the Council District 1 Project Review Committee with no objections. This approval demonstrates that local stakeholders recognize the legitimacy of our request and support our responsible business operations. 2. Distinction from Previous License Revocation The license we are applying for is entirely separate from the one previously revoked under a different owner. The prior business owner, Joseph Mada, lived in Ventura and did not actively manage the business, leaving operations in the hands of an inexperienced employee. As a result, the previous license was not renewed and subsequently revoked. It is important to note that prior to 1990, the business held a valid liquor license without issue. Given the changes in ownership, management, and oversight, our application should be evaluated independently of past circumstances. 3. Commitment to the Community As a local business owner and resident of the district, I am fully invested in fostering a safe and thriving community. Unlike the previous ownership, I personally manage and oversee daily operations, ensuring compliance with all regulations and maintaining a responsible business environment. Our goal is to provide essential services while upholding the highest standards of safety and accountability. 4. Support for Local Economic Growth The property owner has plans to expand the business by developing three additional storefronts on the northern lot, which will create new job opportunities and contribute to the local economy. However, if the current tenant is forced to vacate due to the denial of this permit, these plans—and the economic benefits they bring—will be jeopardized. A’s Family Market currently employs two butchers, two cashiers, and a floor attendant, all of whom contribute to the community’s workforce. 5. Essential Grocery Services A’s Family Market serves as a vital resource for the surrounding residents, including the nearby apartment complex. Without this establishment, access to fresh groceries and household necessities would be significantly reduced, negatively impacting local families who rely on us for their daily needs. 6. Significant Financial Investment in Compliance To meet all regulatory requirements, we have already invested $14,000 in application fees and related compliance costs. This demonstrates our serious commitment to operating responsibly and in accordance with all applicable laws. 7. Limited Alcohol Sales and Responsible Business Model We are not requesting a license for hard liquor. The Type 20 license we are applying for permits only the sale of beer and wine, which distinguishes us from liquor stores and reduces the likelihood of public disturbances associated with higher-proof spirits. Additionally, our business is a full-service market with a dedicated meat department, where beer and wine sales are a supplementary aspect rather than the primary focus. 8. Addressing Crime Concerns While the police department has designated the area as high-crime, our business does not contribute to these issues. On the contrary, maintaining an active, well-lit, and monitored establishment helps deter criminal activity. A vacant storefront is far more likely to attract vagrancy and unlawful behavior. Our current security measures include 32 surveillance cameras (inside and outside) and LED lighting to enhance safety. 9. Rebuttal to Overconcentration Concerns While the denial letter cites concerns about an overconcentration of alcohol licenses in the area, we respectfully request that our business be considered an exception for the following reasons: ○ Public Convenience & Necessity: A’s Family Market provides essential groceries and household goods, fulfilling a need that other businesses may not address. The nearby apartment complex has direct pedestrian access to our store, making it a convenient and necessary resource for residents. ○ Crime Prevention & Safety Measures: In addition to our extensive security measures, we are committed to limited alcohol sale hours and ongoing collaboration with local authorities to ensure public safety and regulatory compliance. While we acknowledge the concerns outlined in the denial letter, we strongly believe that A’s Family Market will operate responsibly and serve as a positive presence in the community. We are open to additional discussions or conditions that may help alleviate concerns and ensure the responsible sale of beer and wine. I appreciate your time and consideration and respectfully request a reconsideration of our application. Please feel free to reach out if further information is required. I look forward to your response. Sincerely, Yeslam Haimed A’s Family Market Exhibit N The Office of Councilmember Annalisa Perea City of Fresno City Hall • 2600 Fresno Street • Fresno, California 93721-3600 (559) 621-8000 • District1@fresno.gov • www.fresno.gov/district1 ANNALISA PEREA Councilmember, District One April 16, 2025 Jennifer Clark, Director of Planning and Development City of Fresno City of Fresno 2600 Fresno Street, Room 3043 Fresno, CA 93721 Re: Conditional Use Permit Application #P24-01344 Dear Director Clark: On April 2, 2025, the Planning Commission denied the appeal and upheld the decision of the Planning and Development Director to deny Conditional Use Permit Application No. P24-01344, requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Off-sale beer and wine). I appeal this decision for discussion among the City Council in order to assess the net impact on the surrounding neighborhood. Thank you for your time and consideration in reviewing this matter. Should you require any further information or clarification, please contact me at (559) 621-7817 or via e-mail at district1@fresno.gov. Respectfully, ANNALISA PEREA Councilmember, District 1 Exhibit O 530126v1 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT FOR CONDITIONAL USE PERMIT APPLICATION No. P24-01344 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS ACCORDING TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Yeslam Haimed 2717 North Hughes Fresno, CA 93705 PROJECT LOCATION: 2717 North Hughes Avenue; Located on the west side of North Hughes Avenue in between North Weber and West Princeton Avenues. APN: 442-082-29 PROJECT DESCRIPTION: Requests authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold) at an existing business (A’s Family Market). The parcel is zoned CC (Commercial Community). This project is exempt under Sections 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines as follows: Section 15301/Class 1 (Class 1/Existing Facilities) of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use. Examples of this exemption include, but are not limited to: a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; The proposed project is consistent with the Fresno General Plan designation, policies, and zoning. The project is located within an existing commercial building with multiple tenant spaces that is located on a property developed with landscaping, utilities, and parking. The project is the addition of an alcohol sales license for a proposed market, which involves negligible expansion of existing commercial uses. None of the exceptions to Categorical Exemptions outlined in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to affect the EA No. P24-01344 April 2, 2025 Page 2 of 2 530126v1 environment significantly. A categorical exemption, as noted above, has been prepared for the project, and the area is not environmentally sensitive. Date: April 2, 2025 Submitted by: ___________________ Erik Young Supervising Planner Planning & Development Department (559) 621-8009 Exhibit P FRESNO MUNICIPAL CODE FINDINGS FOR CONDITIONAL USE PERMIT APPLICATION NO. P24-01344 DEVELOPMENT PERMIT FINDINGS Findings per Fresno Municipal Code Section 15-5306 A Conditional Use Permit shall only be granted if the decision-maker determines that the project as submitted or as modified conforms to all of the following criteria: a. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code; and, Finding a: Finding (a) cannot be made for the following reason: The proposed alcohol sales component is not a use by right and is required to obtain a Conditional Use Permit under the Responsible Neighborhood Market Act (FMC Sec. 15-2706.) The project will not comply with FMC Section 15-2706-F (Location Restrictions). The establishment is located near two other alcoholic beverage establishments, in violation of FMC Section 15-2706-F-2; specifically, it is within 1,000 feet of two existing establishments with an off-sale license, because a U Save Liquor establishment is located ±420 feet away and a USA Gas and Food is located ±866 feet away. In addition, the proposed establishment is within a high-concentration area. Per ABC, the Census Tract 37.02 is currently over-concentrated with four existing licenses allowed and seven existing. Approval of the proposed project would result in 8 existing licenses which is greater than the license amount allowed for the population in this Census Tract. Thus, the proposed location is in a high concentration area. Further, the proposed project does not meet with any of the exceptions to location restrictions found under FMC Sec. 15-2706-F. The proposed project involves transferring and re- establishing a surrendered off-sale alcohol beverage license from another area of the City. However, the transfer of this license does not meet with the exception requirements found under FMC Sec. 15-2706-F-7. The applicant had a Type 21 license at an existing establishment (Primo’s Family Market) which was approved under Conditional Use Permit No. C-94-86 in 1994. However, that establishment had their alcohol license revoked on August 14, 2019. As the project does not meet all the requirements of Section 15-2706-F-7, this exemption is not applicable to the current application. Additionally, the proposed establishment does not meet with the exception to location restriction requirements found under FMC Sec. 15-2706-F-6, because there is insufficient quantifiable evidence to demonstrate the site is not located within an area in which the Chief of Police has determined that the proposed use (a) would be detrimental to the public health, safety, or welfare of persons located in the area; or (b) would increase the severity of existing law enforcement or public nuisance problems in the area. b. The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted; and, Finding b: Finding (b) can be made for the following reason: The proposed alcohol sales component of the project is consistent with the current General Plan land use designation of Commercial – Community, because a general market is permitted within the Commercial – Community land use classification, of which off-sale alcohol sales could be a component. c. The proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements; and, Finding c: Finding (c) cannot be made for the following reasons: According to the Fresno Police Department the project is located location in a high-crime area with multiple criminal activities around the location. In 2023, there were a total number of 306 reported crimes in the police zone the subject property is located in (2050). Pursuant to CBPC 23958.4(c)(2), “Reported crimes” means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. In comparison, the two easterly adjoining police zones (2051 & 2151) have significantly less reported crimes in the year 2023. Police Zone 2051 has a total number of 133 reported crimes and Police Zone 2151 has a total number of 155 reported crimes. Statistically, there is a high probability that the approval of an ABC license at this location will continue to attract gang members and other criminal activity and invite more individuals to congregate and loiter. Furthermore, the Police Department determined the site is located in an area that the off-sale of alcohol would be detrimental to the public health, safety or general welfare of persons located in the area and would increase the severity of existing law enforcement or public nuisance problems in the area. d. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and, Finding d: Finding (d) cannot be made for the following reasons: As described in the analysis and findings above, the proposed establishment is located in already located within an area of high crime and high concentration of off-sale licenses. Given these circumstances, the proposed operations (off-sale of alcohol) would not be compatible with the existing and future land uses in the vicinity as if would further increase the overconcentration of off-sale licenses and contribute to increase crimes in an existing high crime area. e. The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required. Finding e: Finding (e) can be made for the following reason: The site is proposed for a general market use, which is suitable for establishing the alcohol beverage sales use consistent with the allowable land use and intensity requirements of the underlying zone district (Commercial – Community) with adequate access, utilities and services and emergency access. f. The proposed use is consistent with the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5. Finding f: Finding (f) can be made for the following reason: The site is not located within an area of influence of the Fresno County Airport Land Use Compatibility Plan. Therefore, the project is consistent with the Fresno County Airport Land Use Compatibility Plan. Exhibit Q FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13893 The Fresno City Planning Commission, at its regular meeting on April 2, 2025, adopted the following resolution relating to Conditional Use Permit Application No. P24-01344. WHEREAS, Conditional Use Permit Application No. P24-01344 was filed by Yeslam Haimed of A’s Family Market and pertains to the 0.76 acres of property located at 2717 North Hughes Avenue, located on the west side of North Hughes Avenue between North Weber and West Shields Avenues; and, WHEREAS, Conditional Use Permit Application No. P24-01344 requested to establish a State of California Alcoholic Beverage Control (ABC) Type 20 alcohol license (Off-sale – beer and wine for consumption off the premises where sold) for an existing ±3,290 square-foot general market; and, WHEREAS, the Planning and Development Department Director denied Conditional Use Permit Application No. P24-01344 on February 6, 2025, as the proposed project did not satisfy the required findings of approval for Conditional Use Permits per Section 15-5306 and did not comply with the Responsible Neighborhood Market Act pursuant to Section 15-2706 of the Fresno Municipal Code; and, WHEREAS, the Director’s decision to deny Conditional Use Permit Application No. P24-01344 was appealed on February 15, 2025; and, WHEREAS, pursuant to Section 15-5303 of the Fresno Municipal Code, the Fresno City Planning Commission conducted a noticed public hearing on April 2, 2025; received testimony and considered the Planning and Development Department’s report recommending denial of the appeal and upholding the action of the Planning and Development Department Director to deny Conditional Use Permit Application No. P24-01344; and, WHEREAS, the applicant, property owner, and five other individuals spoke in support of the proposed project; and, WHEREAS, the Fresno City Planning Commission reviewed the subject conditional use permit application in accordance with the policies of the Fresno General Plan, Fresno High-Roeding Community Plan, and the Fresno Municipal Code; and, NOW, THEREFORE, BE IT RESOLVED that a motion was made to uphold staff’s recommendation to deny the appeal which resulted in a 4-0 vote. Now, therefore, be it further resolved, the appeal was denied in accordance with Section 15-5017-E of the Fresno Municipal Code and the Planning and Development Director’s original denial of Conditional Use Permit Application No. P24-01344 stands. The foregoing Resolution by the Fresno City Planning Commission was made upon a motion by Chair Vang, seconded by Commissioner Diaz. VOTING: Ayes - Vang, Diaz, Bray, Shergill Noes - None Planning Commission Resolution No. 13893 Conditional Use Permit Application No. P24-01344 May 14, 2025 Page 2 Not Voting - Lyday (Recusal) Absent - Criner, Calandra DATED: May 14, 2025 __________________________________ Jennifer Clark, Secretary Fresno City Planning Commission Resolution No. 13893 Conditional Use Permit Application No. P24-01344 Filed by Yeslam Haimed of A’s Family Market Action: Deny the appeal and Uphold Action of the Director to Deny the project Exhibit R Exhibit S CONSIDERATION OF AN APPEAL TO Conditional Use Permit Application No. P24-01344 PRESENTATION BY: PHILLIP SIEGRIST, PLANNING MANAGER CITY COUNCIL | August 14, 2025 AERIAL MAP CITY COUNCIL AUGUST 14, 2025North Grantland AvenueWest Barstow Avenue N HUGHES AVESUBJECT PROPERTY N HUGHES AVEW CLINTON AVE Subject Site •A’s Family Market •Request: establish Type 20 (Beer & Wine) Alcohol License CC (Commercial – Community) zone district CONDITIONAL USE PERMIT APPLICATION NO. P24-01344 CITY COUNCIL AUGUST 14, 2025 Requests a Type 20 alcohol license (Off-sale – beer and wine) Off-site alcohol sales permitted with approved CUP Subject to Responsible Neighborhood Market Act (RNMA) Does not meet all location restrictions Near other establishments; Within high-crime area; Within high concentration area; and Current citywide ratio exceeds 1 license per 2,500 residents CENSUS TRACT 37.02 CITY COUNCIL AUGUST 14, 2025 U Save Liquor USA Gas and Food El Provinciano Tony’s One Stop Shop Gas & Food Shop CVS PharmacyToro Loco Fresno Subject Property •Within Census Tract 37.02 •7 active licenses; 4 allowed •Overconcentrated by 3 licenses •Within 1,000 feet of 2 other establishments CONDITIONAL USE PERMIT APPLICATION NO. P24-01344 CONT’D CITY COUNCIL AUGUST 14, 2025 Chief of Police determined the proposed use is: Located in area that would be detrimental to public health, safety, or welfare of persons in the area Would increase the severity of existing law enforcement or public nuisance problems in the area Exception (a) cannot be made Meets definition of General Market Does not meet definition of Full-Service Grocery Store Project qualifies for 3 of 4 exceptions to location restrictions Exceptions (b, c, & d) Does not qualify for the Full-Service Grocery Store Exception CONDITIONAL USE PERMIT APPLICATION NO. P24-01344 CONT’D CITY COUNCIL AUGUST 14, 2025 Denied by the Planning Director Planning Commission upheld Director’s decision Appealed by Councilmember Perea STAFF RECOMMENDATION CITY COUNCIL AUGUST 14, 2025 DENY the APPEAL and UPHOLD action of the Planning Commission to deny Conditional Use Permit Application No. P24-01344 requesting to establish a Type 20 alcohol license (Off-sale – beer and wine) for an existing neighborhood market (A’s Family Market). Should the City Council approve the ABC license, the following shall be required: 1.Make exceptions to location restriction (Exception (a)) or find the project meets definition of Full-Service Grocery Store 2.Amend CUP findings (a, c & d) 3.Adopt Environmental Finding – Class 1 Exemption City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 25-1008 Agenda Date:8/14/2025 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department THROUGH:ASHLEY ATKINSON, Assistant Director Planning and Development Department ISRAEL TREJO, Planning Manager Planning and Development Department BY:ROB HOLT, Supervising Planner Planning and Development Department SUBJECT HEARING to Consider Annexation Application No. P24-04526; Pre-zone Application No. P24-04527; Vesting Tentative Tract Map No. 6502; Planned Development Permit Application No. P25-00027; and related Environmental Assessment No. T-6502/P24-04526/P24-04527/P25-00027 for approximately 39.51 acres of property located on the north side of East McKinley Avenue, between North Temperance and North De Wolf Avenues (Council District 7) - Planning and Development Department. 1. ADOPT - Mitigated Negative Declaration prepared for Environmental Assessment No. T- 6502/P24-04526/P24-04527/P25-00027 dated July 16, 2025, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. 2. RESOLUTION - Approving Annexation Application No. P24-04526 (for the McKinley- Temperance No. 1b Reorganization) proposing detachment from the Kings River Conservation District and Fresno County Fire Protection District and annexation to the City of Fresno. 3. BILL - (for Introduction and Adoption) - Approving Pre-zone Application No. P24-04527 proposing to pre-zone approximately 23.56 acres of the subject property from the Fresno County AE-20 (Exclusive Agricultural) zone district to the City of Fresno RS-4 (Single-Family Residential, Medium Low Density) zone district; and approximately 15.50 acres of the subject property from the Fresno County AE-20 (Exclusive Agricultural) zone district to the City of Fresno OS (Open Space) zone district. 4. APPROVE - Vesting Tentative Tract Map No. 6502 proposing to subdivide approximately 23.56 acres of property into a 119-lot single-family residential development, subject to compliance with the Conditions of Approval dated August 6, 2025, and contingent upon approval of Annexation Application No. P24-04526, Pre-zone Application No. P24-04527 and the related environmental assessment. 5. APPROVE - Planned Development Permit Application No. P25-00027 proposing to modify the RS-4 zone district development standards, for 28 of the proposed lots, to allow for private gated streets; a reduction in the minimum lot size, width, and depth; a reduction in the City of Fresno Printed on 8/19/2025Page 1 of 11 powered by Legistar™ 08/14/2025 MA/NE 6-0 AP RECUSED R. 2025-223 B-34 / ORD. 2025-34 File #:ID 25-1008 Agenda Date:8/14/2025 Agenda #: gated streets;a reduction in the minimum lot size,width,and depth;a reduction in the minimum garage,street side yard,and rear yard setbacks;and,an increase in the maximum lot coverage requirement,subject to compliance with the Conditions of Approval dated August 6,2025,and contingent upon approval of Annexation Application No.P24-04526,Pre-zone Application No.P24-04527,Vesting Tentative Tract Map No.6502 and the related environmental assessment. RECOMMENDATION 1.ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No.T- 6502/P24-04526/P24-04527/P25-00027 dated July 16,2025,for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. 2.ADOPT RESOLUTION approving Annexation Application No.P24-04526 (for the McKinley- Temperance No.1b Reorganization)proposing detachment from the Kings River Conservation District and Fresno County Fire Protection District and annexation to the City of Fresno. 3.INTRODUCE AND ADOPT BILL approving Pre-zone Application No.P24-04527 proposing to pre-zone approximately 23.56 acres of the subject property from the Fresno County AE-20 ( Exclusive Agricultural)zone district to the City of Fresno RS-4 (Single-Family Residential, Medium Low Density)zone district;and approximately 15.50 acres of the subject property from the Fresno County AE-20 (Exclusive Agricultural)zone district to the City of Fresno OS ( Open Space) zone district. 4.APPROVE Vesting Tentative Tract Map No.6502 proposing to subdivide approximately 23.56 acres of property into a 119-lot single-family residential development,subject to compliance with the Conditions of Approval dated August 6,2025,and contingent upon approval of Annexation Application No.P24-04526,Pre-zone Application No.P24-04527 and the related environmental assessment. 5.APPROVE Planned Development Permit Application No.P25-00027 proposing to modify the RS-4 zone district development standards,for 28 of the proposed lots,to allow for private gated streets;a reduction in the minimum lot size,width,and depth;a reduction in the minimum garage,street side yard,and rear yard setbacks;and,an increase in the maximum lot coverage requirement,subject to compliance with the Conditions of Approval dated August 6,2025,and contingent upon approval of Annexation Application No.P24-04526,Pre-zone Application No.P24-04527,Vesting Tentative Tract Map No.6502 and the related environmental assessment. EXECUTIVE SUMMARY Ernie Escobedo of QK,Inc.,on behalf of Brandon De Young of De Young Properties,has filed Annexation Application No.P24-04526,Pre-zone Application No.P24-04527,Vesting Tentative Tract Map No.6502,and Planned Development Permit Application No.P25-00027 pertaining to approximately 39.51 acres of property located on the north side of East McKinley Avenue,between North Temperance and North De Wolf Avenues. Annexation Application No.P24-04526 (McKinley-Temperance No.1b Reorganization)is a request for annexation to the City of Fresno and detachment from the Fresno County Fire Protection District and the Kings River Conservation District. Pre-zone Application No.P24-04527 proposes to reclassify approximately 23.56 acres of the subject property from the Fresno County AE-20 (Exclusive Agricultural)zone district to the City of Fresno RSCity of Fresno Printed on 8/19/2025Page 2 of 11 powered by Legistar™ File #:ID 25-1008 Agenda Date:8/14/2025 Agenda #: property from the Fresno County AE-20 (Exclusive Agricultural)zone district to the City of Fresno RS -4 (Single-Family Residential,Medium Low Density)zone district;and approximately 15.50 acres of the subject property from the Fresno County AE-20 (Exclusive Agricultural)zone district to the City of Fresno OS (Open Space) zone district. Vesting Tentative Tract Map No.6502 proposes to subdivide approximately 23.56 acres of property into a 119-lot single-family residential development,and which is contingent upon City Council approval of Annexation Application No.P24-04526,Pre-zone Application No.P24-04527 and the related environmental assessment. Planned Development Permit Application No.P25-00027 proposes to modify the RS-4 zone district development standards,for 28 of the proposed lots located at the southeast corner of the subdivision,to allow for gated private streets;a reduction in the minimum lot size,width,and depth;a reduction in the minimum garage,street side yard,and rear yard setbacks;and,an increase in the maximum lot coverage requirement;and which is contingent upon City Council approval of Annexation Application No.P24-04526,Pre-zone Application No.P24-04527,Vesting Tentative Tract Map No. 6502 and the related environmental assessment. The subject property is located within the boundaries of the Fresno General Plan and McLane Community Plan,and both plans designate the subject property for Medium Low Density (3.5 to 6 dwelling units per acre (du/ac))and Open Space -Ponding Basin.The proposed density of the subdivision is 5.05 du/ac.Based upon the submitted subdivision design and conditions of approval, the proposed subdivision can be found consistent with the Medium Low Density Residential planned land use for the subject property. Fresno City Planning Commission Action On August 6,2025,the Planning Commission considered the item.After a complete hearing,the Planning Commission voted and recommended the City Council approve the annexation,pre-zone, vesting tentative tract map,planned development permit,and related environmental assessment. The Planning Commission Resolutions (Exhibits Q, R, S and T) are attached for more information. BACKGROUND The subject property is located in the County of Fresno,but within the City of Fresno’s Sphere of Influence (SOI).The SOI consists of land that is expected to be annexed by the City as development is proposed,but until then remains under the jurisdiction of the County of Fresno.The proposed zone district will take effect once the annexation is approved by the Local Agency Formation Commission (LAFCo) of Fresno. The subject property is a vacant site located on the north side of East McKinley Avenue,between North Temperance and North De Wolf Avenues.The vicinity of the subject property consists of a canal and vacant land in the County to the north and east,land being farmed to the south,and single -family residential uses to the west. Surrounding Properties / Annexation Boundary The annexation proposal (approximately 39.51 acres in gross area)includes street rights-of-way adjacent to the subject property proposed for development and an additional two adjacent properties to the east and north of the subject property.The adjacent properties are vacant properties owned by City of Fresno Printed on 8/19/2025Page 3 of 11 powered by Legistar™ File #:ID 25-1008 Agenda Date:8/14/2025 Agenda #: to the east and north of the subject property.The adjacent properties are vacant properties owned by the Fresno Metropolitan Flood Control District and Fresno Irrigation District. Staff from the Planning and Development Department met with representatives from the Fresno County Local Agency Formation Commission (LAFCo)and Fresno County Public Works and Planning Department (County).Both LAFCo and the County recommended annexation of the entirety of the subject property,full East McKinley Avenue rights-of-way along the project frontage south,and the adjacent properties to the east and north,to the current location of City limits adjacent to the property to the north and west. Given its proximity to unincorporated lands within the County of Fresno,which remain eligible for agricultural operations,a “Right-to-Farm”covenant will be required in accordance with the Conditions of Approval. Community Facilities District (CFD) No. 18 Vesting Tentative Tract Map No.6502 is required to enter into CFD No.18,which was created to help offset Police and Fire costs associated with annexation. Planned Development Planned Development Permit Application No.P25-00027 requests authorization to modify the minimum lot size,width,and depth;a reduction in the minimum garage,street side yard,and rear yard setbacks;and,an increase in the maximum lot coverage requirement for 28 of the 119 lots (Lots 92 through 119), as follows: ·Minimum lot size from 5,000 square feet to 1,908 square feet ·Minimum lot width from 50 feet to 37 feet ·Minimum lot depth from 85 feet to 58 feet ·Front yard setback (to living façade) from 13 feet to 5 feet ·Street side yard setback from 10 feet to 5 feet ·Interior side yard setback from 4 feet per side / 10 feet total to 3 feet per side ·Rear yard setback from 10 feet to 5 feet ·Maximum lot coverage from 50 percent to 65 percent.Additionally,lot coverage shall comply with the requirements of the Fresno Metropolitan Flood Control District. The subject property is proposed to be zoned RS-4.The proposed project is required to comply with the development standards within Fresno Municipal Code (FMC)Section 15-903,except for modifications made through the Planned Development Permit. Landscaping/Walls/Open Space The proposed subdivision is located along a major street (East McKinley Avenue).Pursuant to FMC Section 15-4105.F.2,the development will be required to install landscaping and irrigation within a minimum 10-foot-wide landscaped outlot abutting all property lines with frontage along East McKinley Avenue.Pursuant to FMC Section 15-4105.G.2.a,major street entryways into the subdivision are required to incorporate enhanced ten-foot-wide landscaped outlots along the street side yards of adjacent lots (lots 1 and 91 of Vesting Tentative Tract Map No. 6502). The developer is required to provide street trees on all public street frontages per FMC Section 15- City of Fresno Printed on 8/19/2025Page 4 of 11 powered by Legistar™ File #:ID 25-1008 Agenda Date:8/14/2025 Agenda #: The developer is required to provide street trees on all public street frontages per FMC Section 15- 4108.Street trees shall be planted at the minimum rate of one tree for each 40 feet of street frontage or one tree per home (whichever is greater)by the developer.The developer is required to provide irrigation for all street trees;the irrigation system shall comply with FMC Section 15-2309 (Irrigation Specifications)and the Model Water Efficient Landscape Ordinance (MWELO)Title 24,Part 11, Chapters 4 and 5 of the CalGreen Building Code. The long-term maintenance and operating costs,including repair and replacement,of required public improvements (Services)associated with new single-family developments (e.g.,landscaped areas, concrete curb and gutters,sidewalks,curb ramps,median islands,etc.)are the responsibility of the developer.The developer shall provide for maintenance of these Services by a mechanism approved by the Public Works Department or by annexing into the City of Fresno Community Facilities District (CFD) No. 11. Walls Pursuant to FMC Section 15-4105.F.2,the rear of all lots with frontage along East McKinley Avenue shall construct a minimum 6-foot-high decorative masonry wall.This applies to lots 1 through 8,88 through 91,and 108 through 118.Pursuant to FMC Section 15-4105.G.2.a,major street entryways into the subdivision will incorporate enhanced 10-foot-wide landscaped outlots along the street side yards of adjacent lots. This applies to lots 1 and 91. Open Space An approximate 11,522 square-foot open space area is proposed along the trail east of the subject property.Pursuant to FMC Section 12-4.705.a.ii,the minimum amount of open space required for 119 lots is 9,766 square feet,thus the project is in compliance with the minimum open space requirement. Trail A proposed bicycle and pedestrian trail is to be constructed along the eastern and northern subdivision boundary lines (adjacent to canal)located within a minimum 26-foot-wide outlot,pursuant to Figure MT-2 (Paths and Trails) of the Fresno General Plan. Public Services Public Utilities The Department of Public Utilities (DPU)has determined that adequate sanitary sewer and water services are available to serve the project site subject to implementation of the Fresno General Plan policies and the mitigation measures of the related Mitigated Negative Declaration;and,the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications, and policies. Sewer improvements and facilities include typical requirements such as the construction and extension of sanitary sewer mains and branches within the proposed tract.Additionally,the project requires installation of a 30-inch sanitary sewer main along the southern boundary of the subject property from the existing 30-inch sanitary sewer main located in East McKinley Avenue to the southeast corner of the subject property,and installation of an 8-inch sanitary sewer main along the eastern boundary of the subject property extending northward to provide service to the eastern section of the subject property.Within the gated portion of the subdivision,on-site sanitary sewer facilities shall be private to be operated and maintained by the developer.The proposed project willCity of Fresno Printed on 8/19/2025Page 5 of 11 powered by Legistar™ File #:ID 25-1008 Agenda Date:8/14/2025 Agenda #: facilities shall be private to be operated and maintained by the developer.The proposed project will also be required to provide payment of sewer connection charges. Required water infrastructure improvements and facilities include typical requirements including the construction and extension of water mains within the interior of the proposed tract.Additionally,the project requires installation of a 16-inch water main along the southern boundary of the subject property from the existing 16-inch water main located in East McKinley Avenue to the southeast corner of the subject property,and installation of an 8-inch water main along the eastern boundary of the subject property extending northward to provide service to the eastern section of the subject property.Within the gated portion of the subdivision,on-site water facilities shall be private to be operated and maintained by the developer.Required infrastructure improvements and facilities include installation of water mains within the interior of the proposed tract,providing an adequate, reliable,and sustainable water supply for the project’s urban domestic and public safety consumptive purposes. Fresno Metropolitan Flood Control District According to the Fresno Metropolitan Flood Control District (FMFCD),the subject site is located within a 100-year floodplain as designated on the latest Flood Insurance Rate Maps,necessitating appropriate floodplain management action.Permanent drainage service is not available to serve the property and FMFCD recommends temporary facilities until permanent service is available. Fire Department The Fire Department offers a full range of services including fire prevention,suppression,emergency medical care,hazardous materials,urban search and rescue response,as well as emergency preparedness planning and public education coordination within the Fresno City limits. Based on the conditions provided by the Fire Department,the subject property will be served by Fire Station 10 (approximately 3.06 miles away). Streets and Access Points Traffic Impact Study The Fresno General Plan designates East McKinley Avenue as a collector street.The proposed project will take access from one vehicular access point on East McKinley Avenue via a public entrance and will provide connectivity to the existing single-family residential subdivision to the west via three vehicular access points connecting to East Peralta Way,East University Avenue,and East Normal Avenue.Interior local streets are proposed to be dedicated in accordance with the City standard 50-foot right-of-way, which will provide for parking and sidewalks on both sides of all streets. Additionally,the gated private street portion of the development at the southeast corner of the proposed project will provide one public vehicular access points via a gated entrance from the proposed Via Watusi Drive that connects to South Locan Avenue and one emergency vehicle access point that connects to the proposed East Peralta Way with the proposed public street-portion of the subdivision to the west to be used for emergency vehicles only.The developer will also construct interior private streets within the gated development at the southeast corner of the proposed project. The proposed project is located within Traffic Impact Zone III pursuant to Figure MT-4 of the Fresno General Plan,which generally represents areas near or outside the City Limits,but within the Sphere of Influence as of December 31,2012.In accordance with Policy MT-2-I of the Fresno General Plan,City of Fresno Printed on 8/19/2025Page 6 of 11 powered by Legistar™ File #:ID 25-1008 Agenda Date:8/14/2025 Agenda #: of Influence as of December 31,2012.In accordance with Policy MT-2-I of the Fresno General Plan, when a project is projected to generate 100 or more peak hour new vehicle trips,a Traffic Impact Study is required in order to assess the impacts of new development projects on existing and planned streets.Applying the factors outlined in the Institute of Traffic Engineers (ITE)Trip Generation Manual,the proposed project would generate 1,132 Average Daily Trips (ADT),with 84 vehicle trips occurring during the morning peak hour travel period (7 to 9 a.m.)and 113 vehicle trips occurring during the evening peak hour travel period (4 to 6 p.m.). Therefore,a Traffic Impact Analysis (TIA)was prepared to assess the impacts of new development on existing and planned streets.The TIA evaluated the impacts of the project by analyzing the following five study intersections in the vicinity of the project during the AM and PM peak hours for the traffic analysis scenarios required by the City of Fresno.These scenarios include:(1)Existing Conditions;(2)Existing plus Project Conditions;and,(3)Cumulative Year 2040 plus Project Conditions. Study Intersections: 1.Temperance and Clinton Avenues 2.Temperance and McKinley Avenues 3.Project Driveway A and McKinley Avenue 4.Project Driveway B and McKinley Avenue 5.Temperance and Olive Avenues 6.Temperance and Belmont Avenues Roadway Segments: 1.Temperance Avenue between Clinton and McKinley Avenues 2.Temperance Avenue between McKinley and Floradora Avenues 3.Temperance Avenue between Floradora and Olive Avenues The City of Fresno General Plan establishes growth projections;includes goals,objectives,and implementing policies for the transportation system;and includes multiple policies related to transportation funding and regional level coordination.These policies are crafted so that new development pays a proportional share of the development’s impacts.The project’s conditions of approval and mitigation measures also require payment of the Fresno Major Street Impact (FMSI) Fee,the Traffic Signal Mitigation Impact (TSMI)Fee,and the Regional Transportation Mitigation Fee (RTMF). A traffic model was prepared consistent with the General Plan and based on traffic volume growth forecasts generated by the model,the City’s Public Works Department provided an FMSI Fee Program.The FMSI fee will be determined at time of building permit.This fee is creditable towards major street roadway improvements included in the nexus study for the fee. The TSMI fee facilitates impact mitigation to the City of Fresno Traffic Signal infrastructure,so that costs are applied to each project based on the generated ADT.The TSMI fee is credited against traffic signal installation/modifications and/or Intelligent Transportation System (ITS)improvements that are included in the Nexus Study for the TSMI fee.If the project is conditioned with traffic signal improvements in excess of its TSMI fee amount,the applicant may apply for fee credits (security/bonding and/or developer agreement required)and/or reimbursement for work in excess ofCity of Fresno Printed on 8/19/2025Page 7 of 11 powered by Legistar™ File #:ID 25-1008 Agenda Date:8/14/2025 Agenda #: (security/bonding and/or developer agreement required)and/or reimbursement for work in excess of their fee as long as the infrastructure is in place at the ultimate location.For project specific impacts that are not consistent with the General Plan or Public Works Standards,and/or not incorporated into the TSMI fees, the infrastructure costs may not be eligible. The Regional Transportation Mitigation Fee (RTMF)is part of the Measure “C”Extension approved by Fresno County voters in 2006 (continuing a one-half cent sales tax for transportation purposes). The RTMF is intended to ensure that future development contributes to its fair share towards the cost of infrastructure to mitigate the cumulative,indirect regional transportation impacts of new growth in a manner consistent with the provisions of the State of California Mitigation Fee Act.The fees will fund improvements needed to maintain the target level of service as land is developed.The RTMF is governed by a Joint Powers Agency,which is the same as the Fresno Council of Governments (COG) Board. The Public Works Department,Traffic Engineering Division has reviewed the potential traffic related impacts for the proposed project and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated, subject to the requirements outlined in the memorandum from the Traffic Engineering Division ( Exhibit L).These requirements generally include:(1)The provision of a minimum two points of vehicular access to major streets for any phase of the development;(2)Major and local street dedications;(3)Dedications of bicycle,pedestrian and landscape easements for trail purposes;(4) Street improvements,including,but not limited to,construction of concrete curbs,gutters,pavement, underground street lighting systems;and,(5)Payment of applicable impact fees (including,but not limited to, the TSMI fee and the FMSI fee). The Public Works Department/Traffic Engineering Division has determined that,based upon the expected traffic generation,the proposed project will not adversely impact the existing and projected circulation system,given compliance with the project-specific mitigation measures referenced herein (Exhibit M). Neighborhood Meeting The applicant held a neighborhood meeting on July 23,2025,and noticed property owners within 1,000 feet of the subject property.During the meeting,the applicant presented an overview of the project, including exhibits of the proposed development. The meeting was held at Boris Elementary School (7071 East Clinton Avenue)at 6:30 p.m.and two (2)members of the public attended the meeting.Per information provided by the applicant,one neighbor had questions about parks and trails,a pedestrian bridge,floor plans,and parcel sizes. The applicant responded with the following: ·Trail and park:A public trail corridor is planned along the western edge of the project with several homes fronting this open space to create a more active and connected community edge. ·Bridge: A pedestrian bridge was discussed and it is not required as part of this project. ·Floor plans and parcel sizes:A site map and floor plans were on display and the general City of Fresno Printed on 8/19/2025Page 8 of 11 powered by Legistar™ File #:ID 25-1008 Agenda Date:8/14/2025 Agenda #: ·Floor plans and parcel sizes:A site map and floor plans were on display and the general layout of lots and homes were discussed with the neighbors. A summary of the meeting has been provided by the applicant (Exhibit O). Council District Project Review Committee There is no Council District 7 Project Review Committee at this time. Airport Land Use Commission The Airport Land Use Commission (ALUC)reviewed the proposed project at its regular meeting on April 7,2025,and voted to recommend a Finding of Consistency for this project with no further recommendations. Notice of City Council Hearing The Planning and Development Department mailed notices of this City Council hearing to all surrounding property owners and residents within 1,000 feet of the subject property,pursuant to FMC Section 15-5007 (Exhibit I). ENVIRONMENTAL FINDINGS An initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA)Guidelines.This included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the initial study necessitated a thorough review of the proposed project and relevant environmental issues.The environmental and technical studies have examined projected sewage generation rates of planned urban uses,the capacity of existing sanitary sewer collection and treatment facilities,and optimum alternatives for increasing capacities;groundwater aquifer resource conditions;water supply production and distribution system capacities;and traffic carrying capacity of the planned major street system. All necessary mitigation measures have been applied to ensure that the project will not cause significant adverse cumulative impacts,growth-inducing impacts,or irreversible significant effects. Additionally,staff has determined that no substantial changes have occurred and that no new information has become available pursuant to Public Resources Code,Section 21157.6(b)(1). Therefore,it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate,in accordance with the provisions of CEQA Guidelines Sections 21157.5(a)(2)and 15178(b)(1) and (2). A public notice of the attached Mitigated Negative Declaration for Environmental Assessment Application No.T-6502/P24-04526/P24-04527/P25-00027 (Exhibit M)was published in the Fresno Bee on July 16, 2025, with no comments received to date. City of Fresno Printed on 8/19/2025Page 9 of 11 powered by Legistar™ File #:ID 25-1008 Agenda Date:8/14/2025 Agenda #: FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications,staff concludes that the findings required by FMC Sections 15-3309,15-5905,15-6103,and 15-6104 et seq.can be made.These findings are attached as Exhibit H. GROUNDS FOR DENIAL OF TENTATIVE MAP Section 66474 of the Subdivision Map Act (SMA)(California Government Code §§66410,et seq.) provides that approval of a proposed subdivision map shall be denied if any of the following findings are made: 1.That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the SMA. 2.That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. 3.That the site is not physically suitable for the type of development. 4.That the site is not physically suitable for the proposed density of development. 5.That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6.That the design of the subdivision or type of improvements is likely to cause serious public health problems. 7.That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large,for access through or use of,property within the proposed subdivision.In this connection,the governing body may approve a map if it finds that alternate easements,for access of or use,will be provided,and that these will be substantially equivalent to ones previously acquired by the public.This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. Staff has determined that none of the findings above apply to the project and has recommended approval subject to the Conditions of Approval (Exhibits J and K). CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and the McLane Community Plan;compliance with the provisions of the FMC;its compatibility with surrounding existing or proposed uses;and its avoidance or mitigation of potentially significant adverse environmental impacts.These factors have been evaluated as described above and by the accompanying environmental assessment and exhibits. The proposed project does not meet the findings for denial per the SMA,and Staff concludes that theCity of Fresno Printed on 8/19/2025Page 10 of 11 powered by Legistar™ File #:ID 25-1008 Agenda Date:8/14/2025 Agenda #: The proposed project does not meet the findings for denial per the SMA,and Staff concludes that the required findings contained within FMC Sections 15-3309,15-5905,15-6103 and 15-6104 can be made.Based upon this evaluation,it can be concluded that the proposed projects are appropriate for the project site. LOCAL PREFERENCE Local preference was not considered because this project does not include a bid or award of a construction or service contract. FISCAL IMPACT There is no fiscal impact associated with this action. Attachments: Exhibit A -Vesting Tentative Tract Map No. 6502 [6-2-2025] Exhibit A-1 - Planned Development Site Plan [6-2-2025] Exhibit B -Operational Statement [6-2-2025] Exhibit C -Aerial Map Exhibit D - Vicinity Map Exhibit E - Fresno General Plan Land Use & Zoning Map Exhibit F - Proposed Annexation Exhibit Exhibit G - Proposed Pre-zone Exhibit Exhibit H - Fresno Municipal Code Findings Exhibit I - Public Hearing Notice Radius Map (1,000 feet) Exhibit J - Conditions of Approval for Vesting Tentative Tract Map No. 6502 [8-6-2025] Exhibit K - Conditions of Approval for Plan. Dev. Permit App. No. P25-00027 [8-6-2025] Exhibit L - Comments and Requirements from Responsible Agencies Exhibit M - Environmental Assessment No. T-6502/P24-04526/P24-04527/P25-00027 [7-16-2025] Exhibit N - Levine Act Disclosure Form Exhibit O - Neighborhood Meeting Summary Exhibit P - Written Correspondence in Support Exhibit Q - Planning Commission Resolution No. 13910 (Annexation Application No. P24-04526) Exhibit R - Planning Commission Resolution No. 13911 (Pre-zone Application No. P24-04527) Exhibit S - Planning Commission Resolution No. 13912 (Vesting Tentative Tract Map No. 6502) Exhibit T - Planning Commission Resolution No. 13913 (Plan. Dev. App. No. P25-00027) Exhibit U - City Council Ordinance Bill for Pre-zone Application No. P24-04527 Exhibit V - City Council Resolution for Annexation Application No. P24-04526 Exhibit W - City Council Hearing PowerPoint Presentation Exhibit X - Opposition Letter [8-5-2025] City of Fresno Printed on 8/19/2025Page 11 of 11 powered by Legistar™ Exhibit A LOCAN AVENUE N SCHNEIDER AVENUE N JANICE AVENUE N SCHNEIDER AVENUE N HORNET AVENUE N SCHNEIDER AVENUE VIA SEMIVICOLI PLACE VIA CABRAL PLACE E UNIVERSITY AVENUEE PERALTA WAYVIA WATUSI DRIVEVIA PERSONICOPLACEE CARMALEE LANEN HORNET AVENUEE WELDON AVENUEN SCHNEIDER AVENUE N STANLEY AVENUEE NORMAL AVENUEVIA TAPIA PLACE VIA LIMPUS PLACE 9713121716151424252021222324510278928102961039810199100105106111110118109108887861149086873191181126919OUTLOT P94104OUTLOT J11611511311710795OUTLOT GOUTLOT F OUTLOT IOUTLOT HO U T L O T E112 374039413638OUTLOT Q31 4630472948353433424432454351525354554950586160565759727166676263646584838281807978856877767475736970OUTLOT NSHEET 2 SHEET 3 N SCHNEIDER AVENUEEAST McKINLEY AVENUEVIA WATUSI DRIVEVIA WATUSIDRIVE9392OUTLOT COUTLOT D119OUTLOT AOUTLOT BOUTLOT AOUTLOT OOUTLOT LOUTLOT KOUTLOT NOUTLOT N OUTLOT MNNCITY OF FRESNO, COUNTY OF FRESNOSTATE OF CALIFORNIAVESTING TENTATIVETRACT MAP No. 6502A PHASED MAP N SCHNEIDERAVENUEN SCHNEIDER AVENUEOUTLOT N3029 TEMP BASIN TEMP BASIN 47 58 59 61 60 56 66 67 62 63 64 65 84 83 82 81 80 79 78 85 37353433 68 7776 40 3941 74 75 42 73 57 44 3231 46 72 71 51 52 53 54 55 49 50 6970 48 36 38 45 43 OUTLOT Q 1312 17161514 2425 20212223 245 10 27 89 28 88 7 90 86 87 3 1 91 1811 26 9 19 OUTLOT P N SCHNEIDERAVENUEN JANICE AVENUEN SCHNEIDER AVENUEN HORNET AVENUEE UNIVERSITY AVENUE E PERALTA WAY E CARMALEE LANE N HORNET AVENUEE WELDON AVENUE N STANLEY AVENUEE NORMAL AVENUE 105 106 108 104 107 109 OUTLOT OEAST McKINLEY AVENUE VIA WATUSI DRIVE 68 VIA SEMIVICOLI PLACEN SEE SHEET 3CITY OF FRESNO, COUNTY OF FRESNO STATE OF CALIFORNIA VESTING TENTATIVE TRACT MAP No. 6502 A PHASED MAP 9710296103981019910010510611111011810910811494104OUTLOT J11611511311710795OUTLOT G OUTLOT F OUTLOT IOUTLOT H OUTLOT E112VIA SEMIVICOLI PLACE VIA CABRAL PLACE VIA WATUSI DRIVEVIA WATUSIDRIVEVIA PERSONICO PLACEVIA TAPIA PLACE VIA LIMPUS PLACE VIA WATUSI DRIVELOCAN AVENUE OUTLOT N888687EAST McKINLEY AVENUE1199293OUTLOT COUTLOT BOUTLOT DOUTLOT KOUTLOT LOUTLOT MOUTLOT ANSEE SHEET 2 CITY OF FRESNO, COUNTY OF FRESNOSTATE OF CALIFORNIAVESTING TENTATIVETRACT MAP No. 6502A PHASED MAP Exhibit A-1 OUTLOT (N) PLANNED TRAIL10' LANDSCAPE EASEMENT10' LANDSCAPE EASEMENT10' LANDSCAPE EASEMENT10' LANDSCAPE EASEMENTPRIVATE STREET AND PUBLIC UTILITYEASEMENT BOUNDARY TO BEGINPUBLIC UTILITY EASEMENT BOUNDARYWITHIN PUBLIC RIGHT-OF-WAY TO BEGINPUBLIC UTILITY EASEMENT SHALL CONNECTTO ADJACENT PUBLIC RIGHT-OF-WAYPUBLIC UTILITY EASEMENTS SHALLCONNECT TO ADJACENT PUBLICRIGHT-OF-WAY18' RADIUS TYPICAL PER 50' ROW P-56ASTREET STANDARD SEE SHEET 2OUTLOT (N) PLANNED TRAILPROPOSED WALL(AUTOMATIC GATE TO BE DRAWNBY SPECIALIZED CONTRACTOR)GATE WIDTH SHALL BE WITHIN A 70'X60'PLATFORM AREA. GATE LOCATED ON SITEPLAN IS FOR CONCEPTUAL PURPOSESONLY.AUTOMATIC GATE TO BE DRAWNBY SPECIALIZED CONTRACTOR. EVA GATE ISFOR THE PURPOSES OF EMERGENCYVEHICLE EXIT ONLY.PRIVATE STREET AND PUBLIC UTILITYEASEMENT BOUNDARY TO ENDPUBLIC UTILITY EASEMENTS SHALLCONNECT TO ADJACENT PUBLICRIGHT-OF-WAY495051525355546061848382818079484746454443424140397170696829303132333435363738OUTLOT Q121314151617181125242322212019262827910876543219190898887866263646566856772737475767778595857561041051061071031021011009697989995941131141121111101091081191181171161159293OUTLOT NOUTLOT IOUTLOT H OUTLOT G OUTLOT F OUTLOT E OUTLOT BOUTLOT AOUTLOT JOUTLOT POUTLOT OOUTLOT COUTLOT DOUTLOT KOUTLOT LOUTLOT MNN6,000 + SQ. FT.60'X100' LOTS4,500+ SQ. FT.50'X90' LOTS2,772+ SQ. FT.44'X63' LOTSICON RESIDENTIALLOTS (49-85)DISCOVER (I) RESIDENTIALLOTS (19-48)4,250+ SQ. FT.50'X85' LOTSDISCOVER (II) RESIDENTIALLOTS (1-18) (86-91)COMPASS RESIDENTIALLOTS (92,93,108-112, 115-119)1,908+ SQ. FT.36'X53' LOTSFREEDOM RESIDENTIALLOTS (94-107, 113,114)ÓRECORD OWNER:DYP Blossom View L.P.677 West Palmdon AvenueSuite 208Fresno, CA 93704435-0900SUBDIVIDER:De Young Properties677 West Palmdon AvenueSuite 208Fresno, CA 93704(559)435-0900ASSESSOR'S PARCEL NUMBER:310-052-27SITE ADDRESS:7298 East McKinely Avenue, Fresno, CA 93737SITE AREA:Net (23.56)Gross (24.66)SOURCE OF TELEPHONE:AT&T CaliforniaSOURCE OF CABLE T.V.:ComcastSOURCE OF GAS AND ELECTRICITY:Pacific Gas and Electric CompanySOURCE OF WASTE AND SEWER DISPOSAL:City of FresnoSOURCE OF WATER:City of FresnoSOURCE OF STORMWATER:Fresno Meteropolitan Flood Control DistrictPROPOSED ZONING:RS-4PROPOSED GENERAL PLAN LAND USE:Medium Low Density ResidentialEXISTING GENERAL PLAN LAND USE:Medium Low Density Residential Per City of FresnoGeneral PlanEXISTING ZONING:AE20 (Exclusive Agriculture, 20-Acre Minimum)(Fresno County)EXISTING TREES:111 Existing Trees To Be RemovedEXISTING BUILDINGS:Existing Buildings To Be Removed Exhibit B Project Description Vesting Tentative Tract Map No. 6502 (Project) is generally located on the north side of East McKinley Avenue, east of North Temperance Avenue. The Project is located immediately east of the City of Fresno (City) corporate limits, in unincorporated Fresno County, and lies within the boundaries of the City’s Sphere of Influence (SOI). The Project consists of two distinct areas: a proposed residential subdivision and a proposed annexation area. The proposed residential subdivision, also referred to as the Project site, is comprised of one vacant 24.7-acre parcel (APN 310-052-27). The annexation area encompasses both the proposed residential subdivision and two adjacent parcels owned and maintained by the Fresno Metropolitan Flood Control District (FMFCD), APNs 310-052- 26T and 310-052-22. The following terms will be used to distinguish the area being analyzed: • Project Site: This term refers to the vacant 24.7-acre parcel (APN 310-052-27) to be developed as part of Vesting Tentative Tract Map No. 6502. The Project Site is designated as Residential Medium Low Density (3.5 - 6 dwelling units [du] / acre) in the City of Fresno 2035 General Plan and will also be annexed into the City. • Annexation Only Area: This term refers to two parcels immediately north of the Project Site, APNs 310-052-26T and 310-052-22, which are owned and maintained by FMFCD. The Annexation Only Area is designated as Open Space – Ponding Basin in the City of Fresno 2035 General Plan and comprises approximately 18 acres. • Entitlement Area: This term refers to both the Annexation Only Area and the Project Site parcels (APNs 310-052-27, 310-052-26T, and 310-052-22). The entirety of the Entitlement Area is proposed to be annexed into the City (42 acres). De Young Properties is requesting approval of the following entitlement applications: • Vesting Tentative Tract Map (T-6502) Application No. P24-04042 proposes to subdivide the 24.7-acre Project Site (APN 310-052-27) into 119 single-family lots, 28 of which are proposed to be within a gated HOA. The proposed residential subdivision includes a 1.33-acre trail and accompanying 11,522 square foot park. • The associated Pre-zone Application proposes to pre-zone approximately 24 acres (Project Site) from the Fresno County Exclusive Agriculture, 20-Acre Minimum (AE-20) designation to the City of Fresno RS-4 (Single-Family Residential, Medium Low Density) zone district and 18 acres (Annexation Only Area) from the Fresno County Exclusive Agriculture, 20-Acre Minimum (AE-20) designation to the City of Fresno OS (Open Space) zone district. • The associated Annexation Application proposes the annexation of APNs 310-052- 27, 310-052-26T, and 310-052-22 into the City limits and the detachment of these properties from the King River Conservation District and the Fresno County Fire Protection District. • The associated Planned Development Application proposes private streets within the gated HOA portion of the proposed subdivision. Figure Error! No text of specified style in document.-1 Project Area Exhibit C AERIAL MAP T-6502 ±23.56 acres LEGEND PLANNING AND DEVELOPMENT DEPARTMENT Applications Annexation Application No. P24-04526 Pre-zone Application No. P24-04527 Vesting Tentative Tract Map No. 6502 Planned Development Permit Application No. P25-00027 APN: 310-052-27, 310-052-26T, 310-052-22 North side of the East McKinley Avenue alignment, between North Temperance and North De Wolf Avenues Annexation Area ±39.51 acres E MCKINLEY AVE N TEMPERANCE AVE Zone District RS-5/ANX/UGM (Single-Family Residential, Medium Density/Annexed Rural Residential Transitional Overlay/Urban Growth Management Land Use Designation Medium Density Residential Exhibit D VICINITY MAP T-6502 ±23.56 acres LEGEND Annexation Area ±39.51 acres E MCKINLEY AVE N TEMPERANCE AVE Exhibit E Zoning Map T-6475 Annexation Area E MCKINLEY AVE N TEMPERANCE AVE RS-4 RS-4 RS-4 RS-4 PI General Plan Land Use Map T-6475 Annexation Area E MCKINLEY AVE N TEMPERANCE AVE Exhibit F E Berkeley Ave E Yale Av e N Jason AveN Schneider AveE Peralta Way E Normal Ave N Redda RdN Hornet AveE Weldon Ave N JaniceAveE Y ale A veN JaniceAveN Jason AveN Redda RdE Pine Ave E McKinley Ave E Normal Ave E University Ave E Yale Ave E Pine AveN Applegate AveN Redda RdE Weldon Ave APN(s): 31005227, 31005226T, and 31005222 0 790 1,580395Feet / EXHIBIT A- Annexation City of FresnoCounty of FresnoCity Limits Total Acres (Proposed) to be annexed(39.51 acres) N Jason AveN SchneiderAveN LeannaAveE Berkeley Ave N Redda RdN Hornet AveE Normal Ave E Peralta Way E Weldon Ave N JaniceAveE Y a le A v e HornetN Janice AveN JasonAveN Redda RdE Normal Ave E University Ave E Yale Ave N Vahe AveN Applegate AveE McKinley AveN Redda RdE Weldon Ave E P i n e A v e Intersection of E McKinley and East of Temperance and parcels east to the city limits. 0 925 1,850462.5 Feet / EXHIBIT A- Prezone City of FresnoCounty of FresnoAL20 CountytoRS-4(23.56 acres) AL20 CountytoOS(15.5 acres) Pre-zone approximately 23.56 acres from AL20 County to RS-4 (Residential Single-Family, Medium-low), approximately 15.5 acres from AL20 County to OS (Open Space) City Limits Exhibit H FRESNO MUNICIPAL CODE FINDINGS ANNEXATION APPLICATION NO. P24-04526 PRE-ZONE APPLICATION NO. P24-04527 VESTING TENTATIVE TRACT MAP NO. 6502 PLANNED DEVELOPMENT PERMIT APPLICATION NO. P25-00027 ANNEXATION APPLICATION FINDINGS Section 15-6104 of the Fresno Municipal Code provides that Annexations shall not be approved unless the proposed annexation meets all of the following criteria: Findings per Fresno Municipal Code (FMC) Section 15-6104 A. Concept Plan. If land proposed for annexation is required to create a Concept Plan per Section 15-6102, the Concept Plan must be created and adopted prior to annexation. Finding A: Pursuant to FMC Section 15-6102.B.2.a, this proposed project is not required to create a Concept Plan because there is no more undeveloped land within the Concept Plan Area with a residential land use designation. B. Plan Consistency. The proposed annexation and parcel configuration is consistent with the General Plan, the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to Californi a Public Utilities Code Sections 21670-21679.5, Concept Plan, and any applicable operative plan; and Finding B: The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form: Goal 13: Emphasize the City as a role model for good growth management planning, efficient processing and permit streamlining, effective urban development policies, environmental quality, and a strong economy. Work collaboratively with other jurisdictions and institutions to further these values throughout the region. Objective LU-1: Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with Goal 13 of the Fresno General Plan (see above). Policy LU-1-e calls for adopting implementing policies and requirements that achieve annexations to the City that conform to the General Plan planned land use designations and open space and park system, and are revenue neutral and cover all costs for public infrastructure, public facilities, and public services on an ongoing basis consistent with the requirements of ED-5-b. Policy ED-5-b requires new residential and commercial development that requires annexation to the City to pay its fair and proportional share of needed community improvements through impact fees, assessment districts, and other mechanisms. Approve new residential and commercial development projects that require annexation to the City only after making findings that all of the following conditions are met: • No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project; • The development project will fully fund public facilities and infrastructure as necessary to mitigate any impacts arising from the new development; • The development project will pay for public facilities and infrastructure improvements in proportion to the development’s neighborhood and citywide impacts; and, • The development will fully fund ongoing public facility and infrastructure maintenance and public service costs. Vesting Tentative Tract Map No. 6502 (T-6502) is required to pay its fair share and proportional share of needed community improvements through impact fees, assessment districts, and other mechanisms, including Community Facilities District (CFD) No. 18 providing for Fire and Police services. CFD No. 18 applies to projects that have a proposed single-family or multi-family development on property that has been annexed into the City after October 20, 2022. Furthermore, required connections to City sewer and water will require the property owner to connect and pay all costs associated with those connections, and not requiring the City to pay for the cost of those connections. Conditions of approval and mitigation measures assure the annexation area remains revenue neutral and will cover all costs for public infrastructure, public facilities, and public services on an ongoing basis consistent with the requirements of Fresno General Plan Policy ED-5-b. The developer for T-6502 will be required to pay applicable fees and develop the land according to the requirements for T-6502. Therefore, (1) No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project; (2) T -6502 will fully fund public facilities and infrastructure as necessary to mitigate any impacts; (3) T-6502 will pay for public facilities and infrastructure improvements in proportion to the development’s neighborhood and citywide impacts; and, (4) T-6502 will fully fund ongoing public facility and infrastructure maintenance and public service costs. Policy PU-3-h calls for developing annexation strategies to include the appropriate rights-of-way and easements necessary to provide cost effective emergency services. The proposed pre-zone will pre-zone approximately 23.56 acres of property from the Fresno County AE-20 (Exclusive Agricultural) zone district to the City of Fresno RS-4 (Single-Family Residential, Medium Low Density) zone district; and approximately 17.6 acres of the subject property from the Fresno County AE -20 (Exclusive Agricultural) zone district to the City of Fresno OS (Open Space) zone district, consistent with the current planned land use designations (Medium Low Density Residential and Open Space – Ponding Basin) of the Fresno General Plan and McLane Community Plan. The proposed project is located within the area of influence under the Fresno County Airport Land Use Compatibility Plan (ALUCP). The project is in Traffic Pattern Zone 6. Zone 6 has no limit on the dwelling units per acre and requires review for structu res over 100 feet tall. The proposed peak height of the project is conditioned to be no taller than 35 feet (maximum height requirement of the RS -4 zone district). Therefore, the proposed project is compatible and in compliance with the Fresno County ALUCP. Therefore, it is staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. Subject to compliance with the conditions of approval, the proposed project may be found consistent with all applicable local ordinances, regulations, policies and standards. C. Revenue Neutrality. 1. Public Services, Facilities, and Utilities. Adequate public services, facilities, and utilities meeting City standards are available to the lands proposed for annexation or will be provided within a specific period of time, with financial guarantees and pe rformance requirements, to ensure this will occur. 2. Fair and Proportional Payments. Projects requiring annexation will not negatively impact City finances. a. No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project. b. The development project will fully fund public facilities and infrastructure as necessary to mitigate any impacts arising from the new development. c. The development project will pay for public facilities and infrastructure improvements in proportion to the development’s neighborhood and citywide impacts. d. The development will fund its proportionate share of public facility infrastructure, maintenance and public service costs according to the City Council approved Development Impact Fee Schedule and through a uniform application of community facilities district fees. Finding C: Vesting Tentative Tract Map No. 6502 (T-6502) is required to pay its fair and proportional share of needed community improvements through impact fees, assessment districts, and other mechanisms, including Community Facilities District (CFD) No. 18 providing for Fire and Police services. CFD No. 18 applies to projects that have a proposed single-family or multi-family development on property that has been annexed after October 20, 2022, and would apply to T-6502. Furthermore, required connections to City sewer and water will require the property owner to connect and pay all costs associated with those connections, and not requiring the City to pay for the cost of those connections. Conditions of approval and mitigation measures will assure the annexation area remains revenue neutral and will cover all costs for public infrastructure, public facilities, and public services on an ongoing basis consistent with the requirements of Fresno General Plan Policy ED-5-b. Therefore, (1) No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project; (2) T-6502 will fully fund public facilities and infrastructure as necessary to mitigate any impacts; (3) T-6502 will pay for public facilities and infrastructure improvements in proportion the development’s neighborhood and citywide impacts; and, (4) T-6502 will fully fund ongoing public facility and infrastructure maintenance and public service costs. D. Disadvantaged Unincorporated Communities. The City will partner with the community, if there is wide support for annexation, to coordinate terms to initiate and support the annexation process. PRE-ZONE APPLICATION FINDINGS Section 15-5812 of the Fresno Municipal Code provides that the Planning Commission and City Council shall not approve an application unless the proposed Pre -zone meets the following criteria: Findings per Fresno Municipal Code Section 15-6103 A. The change is consistent with the General Plan goals and policies, any operative plan, or adopted policy; Finding A: The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form: • Goal 7: Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the city. • Goal 13: Emphasize the City as a role model for good growth management planning, efficient processing and permit streamlining, effective urban development policies, environmental quality, and a strong economy. Work collaboratively with other jurisdictions and institutions to further these values throughout the region. • Objective UF-1 emphasizes the opportunity for a diversity of districts, neighborhoods, and housing types. • Policy UF-1-a supports development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities. • Policy UF-1-d further emphasizes provisions for a diversity and variation of building types, densities, and scale of development in order to reinforce the identity of individual neighborhoods, foster a variety of market -based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city. Finding D: The proposed project is not located within a Disadvantaged Unincorporated Community, as shown in Figure LU-3: Disadvantaged Unincorporated Communities of the Fresno General Plan. E. LAFCO Approval. The annexation shall be approved by the Local Agency Formation Commission (LAFCO) of Fresno. Finding E: The proposed Pre-zone Application No. P24-04527 has been filed to facilitate annexation of approximately 39.51 acres of land within the subject property boundary to the City of Fresno as well as detachment from the Kings River Conservation District and the Fresno County Fire Protection District in accordance with Annexation Application No. P24-04526. The combination of these actions comprises the proposed McKinley-Temperance No. 1b Reorganization and ultimately fall under the jurisdiction of the Fresno Local Area Formation Commission (LAFCO). An affirmative action by the Fresno City Council regarding Annexation Application No. P24-04526 will authorize the filing of an application with LAFCO to initiate proceedings for the consideration of the proposed McKinley-Temperance No. 1b Reorganization. • Objective LU-5 calls for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities. • Policy LU-5-b promotes medium low density residential uses to preserve existing uses of that nature or provide a transition between low and medium density residential areas. • Policy LU-5-h supports housing that offers residents a range of amenities, including public and private open space, landscaping, and recreation facilities with direct access to commercial services, public transit, and community gathering spaces. • Policy D-4-e promotes innovative lot designs and patterns to enhance community livability in residential neighborhoods through new zoning provisions, with flexible development standards. The proposed project provides for a diverse housing type in that there is a portion of the subdivision that is private development allowing for a smaller home build. This fosters a variety of market-based options for living in this area to suit a large range of income levels. The project promotes medium low density residential uses that provide a transition for future medium density residential uses to the south from other low density residential uses from the west. The proposed subdivision includes both public streets with larger lots that comply with the RS-4 zone district development standards and a private portion of the subdivision that is gated with smaller lots for a varied product that promotes innovative lot designs and patterns that enhance community livability in residential neighborhoods with flexible development standards. The proposed project includes an approximately 11,522 square-foot open space area along the eastern subdivision boundary, centrally located and connecting to the Class I pedestrian and bicycle trail. The open space area is located within the public street portion of the subdivision, thus both the residents of the public street and private street portions of the subdivision have access to it. Therefore, it is staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. B. The change is consistent with the purpose of the Development Code to promote growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare; and Finding B: The project site is located within an area which has primarily developed various residential neighborhoods. The subject property is a logical location for further residential expansion, as the subject site is served with public facilities and services needed to provide for increased housing opportunities and is currently planned for single-family residential uses in the Fresno General Plan. C. The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment -generating uses, consistent with the General Plan, any applicable operative plan, or adopted policy; and to increase the i nventory of land within a given zoning district to meet market demand. Finding C: Approval of Annexation Application No. P24-04526, Pre-zone Application No. P24- 04527, Vesting Tentative Tract Map No. 6502 (T-6502), and Planned Development Permit Application No. P25-00027 would help contribute to fulfilling the housing needs of the region and increase the inventory of land within the RS-4 zone district to meet market demand. Furthermore, T-6502, once developed, will contribute to the housing inventory for the City. TENTATIVE TRACT MAP FINDINGS Section 15-3309 of the Fresno Municipal Code provides that the Review Authority (Planning Commission) for a tentative tract map may approve or conditionally approve a tentative tract map if it makes all of the following findings: Findings per Fresno Municipal Code Section 15-3309 A. Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable operative plan, adopted policies or guidelines, and the Municipal Code; and, Finding A: The subject property is located within the Fresno General Plan and the McLane Community Plan of which both plans designate the subject property for Medium Low Density Residential (3.5-6 dwelling units per acre (du/ac)) planned land uses. Vesting Tentative Tract Map No. 6502 proposes a 119-lot single-family residential subdivision on approximately 23.56 acres at a density of 5.05 du/ac. The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form: • Goal 7: Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the city. • Goal 13: Emphasize the City as a role model for good growth management planning, efficient processing and permit streamlining, effective urban development policies, environmental quality, and a strong economy. Work collaboratively with other jurisdictions and institutions to further these values throughout the region. • Objective UF-1 emphasizes the opportunity for a diversity of districts, neighborhoods, and housing types. • Policy UF-1-a supports development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities. • Policy UF-1-d further emphasizes provisions for a diversity and variation of building types, densities, and scale of development in order to reinforce the identity of individual neighborhoods, foster a variety of market -based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city. • Objective LU-5 calls for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities. • Policy LU-5-b promotes medium low density residential uses to preserve existing uses of that nature or provide a transition between low and medium density residential areas. • Policy LU-5-h supports housing that offers residents a range of amenities, including public and private open space, landscaping, and recreation facilities with direct access to commercial services, public transit, and community gathering spaces. • Policy D-4-e promotes innovative lot designs and patterns to enhance community livability in residential neighborhoods through new zoning provisions, with flexible development standards. The proposed project provides for a diverse housing type in that there is a portion of the subdivision that is private development allowing for a smaller home build. This fosters a variety of market-based options for living in this area to suit a large range of income levels. The project promotes medium low density residential uses that provide a transition for future medium density residential uses to the south from other low density residential uses from the west. The proposed subdivision includes both public streets with larger lots that comply with the RS-4 zone district development standards and a private portion of the subdivision that is gated with smaller lots for a varied product that promotes innovative lot designs and patterns that enhance community livability in residential neighborhoods with flexible development standards. The proposed project includes an approximately 11,376 square-foot open space area along the eastern subdivision boundary, centrally located and connecting to the Class I pedestrian and bicycle trail. The open space area is located within the public street portion of the subdivision, thus both the residents of the public street and private street portions of the subdivision have access to it. Therefore, it is staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. B. Passive and Natural Heating and Cooling. The proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision; and, Finding B: The proposed subdivision has been designed with approximately 7 5 percent of the lots are oriented with north-south facing exposures and take advantage of passive heating and cooling opportunities to the extent feasible by the subdivision design. C. Availability of Water. Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accordance with the Subdivision Map Act (Section 66473.7); and, Finding C: The project consists of a 119-lot residential subdivision; therefore, a water supply assessment is not required because the number of dwelling units will be fewer than 500. Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memorandum. D. Infrastructure Capacity. There exists sufficient infrastructure capacity for water, runoff, storm water, wastewater, and solid waste systems to serve the proposed subdivision; and, Finding D: The project was reviewed by appropriate partner agencies including City of Fresno Department of Public Utilities (DPU) and Fresno Metropolitan Flood Control District (FMFCD), and it was determined from the DPU and FMFCD memorandums that there is sufficient infrastructure capacity for water, runoff, storm water, wastewater, and solid waste systems to serve the proposed subdivision, subject to compliance with conditions of approval. E. Compliance with Floodplain Regulations. The proposed subdivision is compliant with the City of Fresno Floodplain Management Ordinance and the State of California Code of Regulations Title 23, as well as any other applicable State or federal laws. Finding E: According to the Fresno Metropolitan Flood Control District (FMFCD) memorandum, the subject property is located within a 100-year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. As a result; All development shall be properly flood-proofed below the calculated water surface elevation of the 100 -year flood event; All development and/or permanent improvement activity which, if located within the primary floodway, may unduly impede, retard, or change the direction of flow of water either, by itself, or by the catching or collecting of other debris or is placed where the flow of water could carry such obstruction downstream to the damage or detriment of either life or property, will not be permitted; and, Development proposed to be constructed in a manner which would cause displacement of any and all floodwaters from that portion of the flood plain to be developed will not be permitted. PLANNED DEVELOPMENT FINDINGS A Planned Development shall only be approved if all of the following findings are made: Findings per Fresno Municipal Code Section 15-5905 A. The proposed development is consistent with the General Plan, the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.6, any applicable operative plan, and adopted policies, including the density and intensity limitations that apply; and, Finding A: The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form: • Goal 7: Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the city. • Goal 13: Emphasize the City as a role model for good growth management planning, efficient processing and permit streamlining, effective urban development policies, environmental quality, and a strong economy. Work collaboratively with other jurisdictions and institutions to further these values throughout the region. • Objective UF-1 emphasizes the opportunity for a diversity of districts, neighborhoods, and housing types. • Policy UF-1-a supports development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities. • Policy UF-1-d further emphasizes provisions for a diversity and variation of building types, densities, and scale of development in order to reinforce the identity of individual neighborhoods, foster a variety of market -based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city. • Objective LU-5 calls for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities. • Policy LU-5-b promotes medium low density residential uses to preserve existing uses of that nature or provide a transition between low and medium density residential areas. • Policy LU-5-h supports housing that offers residents a range of amenities, including public and private open space, landscaping, and recreation facilities with direct access to commercial services, public transit, and community gathering spaces. • Policy D-4-e promotes innovative lot designs and patterns to enhance community livability in residential neighborhoods through new zoning provisions, with flexible development standards. The proposed project provides for a diverse housing type in that there is a portion of the subdivision that is private development allowing for a smaller home build. This fosters a variety of market-based options for living in this area to suit a large range of income levels. The project promotes medium low density residential uses that provide a transition for future medium density residential uses to the south from other low density residential uses from the west. The proposed subdivision includes both public streets with larger lots that comply with the RS-4 zone district development standards and a private portion of the subdivision that is gated with smaller lots for a varied product that promotes innovative lot designs and patterns that enhance community livability in residential neighborhoods with flexible development standards. The proposed project includes an approximately 11,376 square-foot open space area along the eastern subdivision boundary, centrally located and connecting to the Class I pedestrian and bicycle trail. The open space area is located within the public street portion of the subdivision, thus both the residents of the public street and private street portions of the subdivision have access to it. Therefore, it is staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. B. The subject site is physically suitable for the type and intensity of the land use being proposed ; and, Finding B: The Fresno General Plan and McLane Community Plan classify the subject property as Medium Low Density Residential (3.5 to 6 dwelling units per acre (du/ac)) and the project is proposing a density of 5.05 du/ac, which is consistent with the planned land use and zoning of the property. The proposed use is also consistent with the surrounding uses, which is vastly comprised of single-family residential uses developed at similar densities. C. Adequate transportation facilities, utilities, and public services exist or will be provided, in accord with the conditions of PD approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of public services so as to be a detriment to public health, safety, or welfare; and, Finding C: The project will front onto East McKinley Avenue, which is a collector street. Pursuant to the Fire Department and the Department of Public Utilities memorandums, the project has been appropriately conditioned to provide services to the prospective residents, as well as ensure there will be no negative impacts or a reduction of public services which would result in a detriment to public health, safety or welfare. D. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area; and, Finding D: Planning and Development Department staff have determined that the proposed use will not have a substantial adverse effect on surrounding land residential uses if developed in accordance with the various conditions and requirements established through the related tentative tract map application review and planned development application review process. E. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation, and/or substantial public benef it. In making this determination, the following factors should be considered: 1. Appropriateness of the use(s) at the proposed location. 2. The mix of uses, housing types, and housing price levels. 3. Provision of infrastructure improvements. 4. Provision of open space. For example, a greater amount of open space than would otherwise be provided under the strict application of this code. 5. Connectivity to public trails, schools, etc. 6. Compatibility of uses within the development area. 7. Creativity in design and use of land. 8. Quality of design, and adequacy of light and air to the interior spaces of the buildings. 9. Overall contribution to the enhancement of neighborhood character and to the built and natural environment of Fresno in the long term. Finding E: 1. Appropriateness of the use(s) at the proposed location. The subject property is zoned and planned for single-family residential uses. The project proposes a pre-zone to change the proposed development property from Fresno County AE20 (Exclusive Agriculture) to City of Fresno RS-4 (Single-Family Residential, Medium Low Density), which increases the density permitted on the site. However, no changes to the type of development (i.e., residential) are proposed. Additionally, the site is adjacent to an existing residential subdivision (Tract No. 5434) that is developed at a density of 4.86 du/ac, similar to the proposed project’s density of 5.05 du/ac. 2. The mix of uses, housing types, and housing price levels. The proposed subdivision includes larger lots on public streets and a portion of the subdivision will be private with smaller lots which gives an alternative option to home ownership that is more affordable by design by providing a mainstream, small lot format with less maintenance expenses. 3. Provision of infrastructure improvements. The subject property is in proximity to existing water and sewer mains. The project would include connection to the City’s public utilities and infrastructure improvements, such as the construction of curb, gutter, sidewalks, roadways, streetlights, etc. 4. Provision of open space. For example, a greater amount of open space than would otherwise be provided under the strict application of this code. The project proposes an approximately 11,522 square-foot open space area where a minimum of 9,766 square feet is required. The project is providing a greater amount of open space than would otherwise be provided under the strict application of this code. 5. Connectivity to public trails, schools, etc. The project provides direct connectivity to a public Class I pedestrian and bicycle trail along the eastern and northern subdivision boundaries which connect to existing and planned trails that lead to nearby public schools, including Virginia R. Boris Elementary School. 6. Compatibility of uses within the development area. The proposed project is appropriate for the site because of the planned land use designation (Medium Low Density Residential) and because it is an infill lot primed for single-family residential development compatible with the surrounding area. Additionally, as previously stated, the subject property is adjacent to an existing single-family residential subdivision (Tract No. 5434) that is developed at a density of 4.86 du/ac, similar to the proposed project’s density of 5.05 du/ac. 7. Creativity in design and use of land. The proposed project provides creativity in design and use of land by providing both standard larger lots on public streets and a private area with smaller compact lots. 8. Quality of design, and adequacy of light and air to the interior spaces of the buildings. While the private portion of the subdivision has revised setback modifications, it is not proposed with a 0-foot setback, thus providing room on the lot to allow for adequate light and air into the interior spaces of the buildings, especially considering the maximum height of the buildings are restricted to 35 feet, pursuant to Fresno Municipal Code (FMC) Table 15-903-2. 9. Overall contribution to the enhancement of neighborhood character and to the built and natural environment of Fresno in the long term. Overall, the project positively contributes to the enhancement of the neighborhood character and to the built and natural environment providing for additional larger lots on public streets and compact lots on private streets for a variety of single - family residential development options for the neighborhood. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that all of the findings above can be made. Exhibit I Public Hearing Notice Radius Map (1,000 ft) Legend Annexation Area Noticing Boundary CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING ANNEXATION APPLICATION NO. P24-04526, PRE-ZONE APPLICATION NO. P24-04527, VESTING TENTATIVE TRACT MAP NO. 6502 & PLANNED DEVELOPMENT APPLICATION NO. P25 -00027 NOTICE IS HEREBY GIVEN that the Fresno City Planning Commission and the Fresno City Council, in accordance with Sections 15-3308, 15-4902, 15-4903, 15-5007, 15-6103 and 15-6104 of the Fresno Municipal Code (FMC) and California Government Code Section 65854 , will conduct public hearings to consider the items below, filed by Ernie Escobedo of QK, Inc., on behalf of Brandon De Young of De Young Properties, pertaining to approximately 39.51 acres of property located on the north side of East McKinley Avenue, between North Temperance and North De Wolf Avenues. At the hearings, the following will be considered: 1. Environmental Assessment No. T-6502/P24-04526/P24-04527/P25-00027, dated July 16, 2025, consideration of a Mitigated Negative Declaration prepared for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. 2. Annexation Application No. P24-04526 consideration of incorporation of approximately 39.51 acres of property within Fresno County to the City of Fresno; and detachment from the Kings River Conservation District and Fresno County Fire Protection District. 3. Pre-zone Application No. P24-04527 consideration of pre-zoning approximately 23.56 acres of the property from the Fresno County AE-20 (Limited Agriculture) zone district to the City of Fresno RS-4 (Single-Family Residential, Medium Low Density) zone district; and approximately 15.5 acres of property from the Fresno County AE-20 (Limited Agriculture) zone district to the City of Fresno OS (Open Space) zone district. 4. Vesting Tentative Tract Map No. 6502 consideration of a subdivision of approximately 23.56 acres of property into a 120-lot single-family residential development. 5. Planned Development Permit Application No. P25-00027 consideration of the modification of the RS-4 zone district development standards to allow for private streets, a reduction in the minimum lot size, width, and depth, and a reduction in the minimum garage, street side yard, and rear yard setbacks, and an increase in the maximum lot coverage requirement. *The above items are available for public review via e-mail (noted below) and within the upcoming Planning Commission and City Council agendas. Please contact the Planner (noted) below for additional information. Any interested person may watch either or both of the meetings electronically during the public hearing through instructions provided on the Planning Commission and City Council Agendas. Any interested person may appear at either or both of the public hearings and present written testimony, or speak in favor or against the project proposal. However, for Planning Commission, all documents, including written testimony, shall be submitted at least 24 hours in advance of the Planning Commission agenda item being heard, via e -comment or by email to PublicCommentsPlanning@fresno.gov (cc Robert.Holt@fresno.gov) pursuant to the Planning Commission rules and procedures. All documents submitted to the City Council for its consideration shall be submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard, pursuant to the City Council’s meeting rules and procedures. If an individual challenges the above applications in court, they may be limited to raising only those issues that were raised at the public hearings described in this notice, or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or Planning Commission and City Council consistent with their respective rules of procedure at, or prior to, the public hearing . The Planning Commission recommendation on the proposed Annexation, Pre-zone, Vesting Tentative Tract Map, Planned Development Permit and Environmental Assessment will be considered by the City Council. For additional information regarding this project, contact Rob Holt, Supervising Planner, Planning and Development Department, 2600 Fresno Street, Fresno, California 93721 -3604, by phone at (559) 621-8056 or via e-mail at Robert.Holt@fresno.gov. Si necesita información en Español, comuníquese con Valeria Ramirez al teléfono (559) 621-8046 o por correo electrónico a Valeria.Ramirez@fresno.gov. Jennifer K. Clark, AICP, Director & Secretary Planning and Development Department DATED: July 16, 2025 APN(s): 328-290-25, -28, -29, & 328-211-43, -44, -45, -46, -47, -48, -49, -50 SEE MAP ON REVERSE SIDE Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 FRESNO CITY COUNCIL Date: Thursday, August 14, 2025 Time: 9:15 a.m., or thereafter Place: City Hall Council Chambers, Second Floor, 2600 Fresno Street, Fresno, CA 93721 or watch the live broadcast via the Zoom link located on the City Council agenda found here: https://fresno.legistar.com/Calendar.aspx FRESNO PLANNING COMMISSION Date: Wednesday, August 6, 2025 Time: 6:00 p.m., or thereafter Place: City Hall Council Chambers, Second Floor, 2600 Fresno Street, Fresno, CA 93721; or watch the live broadcast via the Zoom link located on the Planning Commission agenda found here: https://fresno.legistar.com/Calendar.aspx ROB HOLT PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO STREET, ROOM 3043 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FRESNO CA 93737-9714 7059 E PERALTA WAY FRESNO CA 93737-9592 7253 E VASSAR AVE FRESNO CA 93737-0005 7223 E YALE AVE FRESNO CA 93737-0007 7196 E BERKELEY AVE FRESNO CA 93737-0008 2047 N APPLEGATE AVE FRESNO CA 93737-9299 7379 E VASSAR AVE FRESNO CA 93737-0013 2059 N APPLEGATE AVE FRESNO CA 93737-9299 2275 N JANICE AVE FRESNO CA 93737-9609 7119 E PERALTA WAY FRESNO CA 93737-9591 2062 N APPLEGATE AVE FRESNO CA 93737-9583 7128 E FLORADORA AVE FRESNO CA 93727-2811 801 10TH ST FL 106 # 5 MODESTO CA 95354-2311 7174 E UNIVERSITY AVE FRESNO CA 93737-9615 7216 E VASSAR AVE FRESNO CA 93737-0005 2288 N JASON AVE FRESNO CA 93737-9607 900 E HAMILTON AVE STE 500 CAMPBELL CA 95008-0643 2476 N LEANNA AVE FRESNO CA 93737-9467 2265 N JASON AVE FRESNO CA 93737-9607 7184 E YALE AVE FRESNO CA 93737-0006 2133 N REDDA RD FRESNO CA 93737-9612 7225 E WELDON AVE FRESNO CA 93737-9588 2393 N STANLEY AVE FRESNO CA 93737-0012 2028 N REDDA RD FRESNO CA 93737-9613 198 CHELTENHAM PL SAN JOSE CA 95139-1414 2258 N JANICE AVE FRESNO CA 93737-9609 2429 N JASON AVE FRESNO CA 93737-9611 2261 N JANICE AVE FRESNO CA 93737-9609 5674 TURBAN CT FREMONT CA 94538-3911 7286 E CLINTON AVE FRESNO CA 93737-9708 2386 N SCHNEIDER AVE FRESNO CA 93737-0002 1878 N TEMPERANCE AVE FRESNO CA 93727-1726 2094 N VAHE AVE FRESNO CA 93737-9584 7095 E PERALTA WAY FRESNO CA 93737-9592 7198 E PINE AVE FRESNO CA 93737-9535 7160 E UNIVERSITY AVE FRESNO CA 93737-9615 7047 E PERALTA WAY FRESNO CA 93737-9589 2085 N REDDA RD FRESNO CA 93737-9612 7064 E WELDON AVE FRESNO CA 93737-9587 7211 E PERALTA WAY FRESNO CA 93737-9591 2370 N SCHNEIDER AVE FRESNO CA 93737-0002 7468 E VASSAR AVE FRESNO CA 93737-0010 2349 N JASON AVE FRESNO CA 93737-9608 7142 E NORMAL AVE FRESNO CA 93737-9614 Exhibit J All vesting tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative tract map. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 6502 dated June 2, 2025, the subdivider may prepare a Final Map in accordance with the approved vesting tentative tract map and Planned Development Permit Application No. P25- 00027, which establishes a planned development for lots 92-119 of Vesting Tentative Tract Map No. 6502 dated June 2, 2025. a. Approval of Vesting Tentative Tract Map No. 6502 is contingent upon City Council approval of Annexation Application No. P24-04526. b. Approval of Vesting Tentative Tract Map No. 6502 is contingent upon City Council approval of Pre-zone Application No. P24-04527. c. Approval of Vesting Tentative Tract Map No. 6502 is contingent upon City Council approval of Planned Development Permit Application No. P25 - 00027. d. Recordation of a Final Map is contingent upon annexation to the City of Fresno and detachment from the Kings River Conservation District and Fresno County Fire Protection District. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 6, 2025 VESTING TENTATIVE TRACT MAP NO. 6502 “A PLANNED DEVELOPMENT” LOCATED ON THE NORTH SIDE OF THE EAST MCKINLEY AVENUE BETWEEN NORTH TEMPERANCE AND NORTH DE WOLF AVENUES Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 2 • NOTE: These actions are under the jurisdiction of the Fresno County Local Agency Formation Commission (LAFCO). The applicant, subdivider or developer is subject to and responsible for payment of any/all required fees for the entirety of the annexation pursuant to the policies of LAFCO and the City of Fresno; including any cost incurred to the City of Fresno by the detachment of all of the annexation’s property from the Fresno County Fire Protection District. 2. Prior to final map approval, the subdivider shall execute a “Right to Farm” covenant with the City of Fresno. Said covenant is to run with the land and shall acknowledge and agree that the subject property is in or near agricultural districts located in the City and/or County of Fresno and that the residents of the subject property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The “Right to Farm” covenant shall be recorded prior to or concurrent with the recording of any Final Map of Vesting Tentative Tract Map No. 6502. 3. The subdivider shall comply with Regulation VIII and Rule 8060 of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 4. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval. Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 5. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 6. All plans for on-site and off-site improvements included in the Conditions of Approval shall be submitted prior to the final map being processed for recordation. 7. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider’s cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 3 8. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Chapter 15, “Land Divisions;” Resolution No. 68-187, “City Policy with Respect to Subdivisions;” and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 9. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 10. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 11. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 12. In no instance shall public street(s) and sidewalk(s) be gated. 13. Clearly depict where the public and private streets end on the planned development site plan, prior to Final Map submittal. 14. Clearly depict all pedestrian gates and fences on the planned development site plan, including at the interface of the public and private streets, to be approved by the Planning and Development and Public Works Departments. 15. Clearly depict all property lines on the planned development site plan and Final Map. 16. Vesting Tentative Tract Map No. 6502 is subject to approval of related Planned Development Permit Application No. P25-00027. 17. Planned Development Permit Application No. P25-00027, filed to establish a 119- lot planned development, shall be approved prior to final map approval. 18. Comply with the requirements of FMC Chapter 15, Article 40, relative to subdivisions that include common ownership, as appropriate. Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 4 MITIGATION MONITORING REQUIREMENTS 19. Vesting Tentative Tract Map No. 6502 dated June 2, 2025, is subject to compliance with the mitigation measures established by the adoption of the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6502/P24-04526/P24- 04527/P25-00027 dated July 16, 2025. GENERAL INFORMATION 20. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope, then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 21. The long-term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. a) The property owner shall be responsible for providing for the maintenance of all landscaping and hardscaping located within proposed Outlots associated with the proposed project. b) The property owner shall be responsible for providing for the maintenance of all landscaping and hardscaping located in any entry median island or traffic medians located within the project. c) The property owner shall be responsible for providing for the maintenance of the curbs and gutters, valley gutter, sidewalks, street lights and street signage within any local public street rights-of-way associated with the project. d) The property owner shall be responsible for providing for the maintenance of all street trees within any local public street rights -of-way associated with the project. 22. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City’s Community Facilities District. Contact the Public Works Department, Engineering Services Division, at 559-621-8695 for information regarding the City’s Community Facilities District. The property owners may petition the City for annexation to the City’s Community Facilities District prior to Final Map approval. 23. If the developer/subdivider elects to petition for annexation into the City’s Community Facilities District, the subdivider/owner shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The subdivider/owner shall execute and record a covenant on each lot providing Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 5 notice that the subject property is subject to annual payment of the Community Facilities District assessment. 24. Should the City Council not approve the annexation of any or all of the maintenance items listed above, then the property owner/subdivider shall create a homeowners association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to Final Map approval. Said documents shall be recorded with the Final Map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 25. The proposed landscape and pedestrian easements along the major street frontages of the subdivision shall be identified as Outlots to be dedicated to the City of Fresno, in fee, for public landscape, pedestrian, and utility purposes on the Final Map. The City Engineer may discretionarily require modification to other public easements proposed when/where such easements are preferred to be identified as Outlots to be dedicated to the City, in fee. Walls/Fences/Landscaping 26. Provide and dedicate minimum 10-foot-wide landscape outlots (Outlots A, B, and C) for public landscape purposes (and irrigation system) along the southern property lines of lots with frontage along East McKinley Avenue (Lots 1 through 8, 88 through 91, 108 through 112, and 115 through 118 of Vesting Tentative Tract Map No. 6502 dated June 2, 2025), pursuant to FMC Section 15-4105.F.2.a. Outlot A shall connect and be a minimum of 10 feet wide along the street side yard of Lot 1 and Outlot B shall connect and be a minimum of 10-feet-wide along the street side yard of Lot 92 (as depicted on Vesting Tentative Tract Map No. 6502 dated June 2, 2025), pursuant to FMC Section 15-4105.G.2.a. These outlots shall be located adjacent to the “sidewalk pattern” within the adjacent public street rights-of-way and shall incorporate street trees to shade the adjacent sidewalks in accordance with Public Works standards, specifications, and policies. 27. Provide and dedicate an outlot for public open space purposes. This outlot shall be located between Lots 38 and 39 to the west, and the trail to the east (as depicted on Vesting Tentative Tract Map No. 6502 dated June 2, 2025). 28. Provide and dedicate outlots (Outlots D, E, F, G, H, and I) for private landscape and open space purposes (as depicted on Vesting Tentative Tract Map No. 6502 dated June 2, 2025). Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 6 29. Provide and dedicate an outlot for private street and utility purposes within the private portion of the subdivision. 30. Provide and dedicate an outlot for public bicycle, pedestrian, and landscape (trail) purposes (and irrigation system), pursuant to the requirements of the Department of Public Works memorandum. This outlot shall be located adjacent and run parallel to the eastern and northern subdivision boundaries (as depicted on Vesting Tentative Tract Map No. 6502 dated June 2, 2025). 31. Construct a minimum 6-foot-high decorative solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of FMC Section 15-2006. The decorative wall shall be located along the southern (rear) property lines of lots with frontage along East McKinley Avenue (Lots 1 through 8, 88 through 91, 108 through 112 and 115 through 118 of Vesting Tentative Tract Map No. 6502 dated June 2, 2025). Said wall shall be depicted on the related site plan exhibits. 32. Construct a minimum 4-foot-high wrought iron fence along the entirety of the northern and eastern boundary of the trail, adjacent to the canal right-of-way. 33. Landscaping, which is compliant with the City of Fresno “Anti-Graffiti Landscaped Buffer Development and Planting Standards,” shall be required adjacent to all required walls or fences that are accessible to the public and shall be maintained in accordance with the Maintenance Obligations stipulated herein below; or, in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. 34. Pursuant to FMC Section 15-4105.G.2.b, when the street side yard faces the front yard of a home across the street, a minimum landscape easement of 5 feet is required, unless a four-foot (4’) park strip is provided between the curb and sidewalk. A minimum 6-foot masonry wall shall be placed at the rear of the landscape easement. This requirement applies to lots 18, 49, 56, 59, 60, 71, and 72 of Vesting Tentative Tract Map No. 6502 dared June 2, 2025. With the exception of those areas which may be eligible for inclusion within the Community Facilities District (CFD) as referenced hereinabove, obligations for retention and maintenance of required end-block landscaped areas or strips for all corner lots shall be the responsibility of the respective property owner(s) on which the landscaped area is located. a. Execute a covenant for all properties for which retention and maintenance of an end-block landscaped area or strip on a corner lot, in accordance with FMC Section 15-4105.G.2.b, is the responsibility of the respective property owner prior to recordation of a Final Map. • NOTE: The covenant shall disclose and acknowledge all responsibilities associated with these conditions of approval to Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 7 prospective buyers when individual lots are sold and identify terms, as appropriate, to assure compliance. The covenant shall be prepared in a form approved by the City of Fresno. 35. The subdivider is required to provide street trees on all street frontages per Fresno Municipal Code standards and is responsible for the dedication of public planting and buffer landscape easements as determined by the Planning and Development and Public Works Departments. a) Street trees shall be planted at the minimum rate of one tree for each 40 feet of street frontage; or, one tree per home (whichever is greater) by the developer. i) The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 15-2309. • NOTE: Irrigation systems shall comply with the requirements of the California Green Building Standards Code and/or the California Model Water Efficient Landscape Ordinance and/or California Plumbing Code as may be amended. 36. Provide a corner cut-off area at all street intersections in accordance with the requirements of the Fresno Municipal Code. Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. 37. All proposed/required landscape easements, open space areas, pedestrian connection entryways, pathways and/or private on-site landscaping for street tree purposes shall be improved in accordance with landscape improvement plans, which are to be submitted to the Planning and Development and Public Works Departments for review and approval prior to Final Map approval. • NOTE: Lighting and fence/wall details for any proposed/required open spaces areas or pedestrian connections shall be provided with the submittal of the landscape improvement plans. a) Any proposed improvements within Pacific Gas & Electric (PG&E) or Fresno Irrigation District (FID) easement areas will require approval by the respective service provider/district agency prior to approval or acceptance by the City of Fresno. i) Easement Encroachment Applications and/or Agreements will be required as dictated by the respective service provider/district agency and will be required to be executed prior to issuance of permits for improvements. Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 8 Lot Dimensions 38. Lot dimensions shall match those depicted on Vesting Tentative Tract Map No. 6502 dated June 2, 2025, excepting changes as required per the conditions of approval. Lot Coverage 39. Lot coverage shall not exceed 50% for all lots along public streets. Lot coverage shall not exceed 65% for all lots along private streets pursuant to Planned Development Permit Application No. P25-00027. Additionally, lot coverage shall comply with the requirements of the Fresno Metropolitan Flood Control District. Building Height 40. The maximum building height allowed is 35 feet pursuant to the requirement of the FMC. Building Setbacks 41. Building setbacks shall be in accordance with site plan Exhibit A -1, Planned Development Permit Application No. P25-00027 dated June 2, 2025, unless otherwise noted in these conditions. 42. Each side of a building that is visible from a street or park shall be designed with a complementary level of detailing and quality of materials (i.e., if the rear or side yard of a lot abuts a public street, a two -story structure should provide design features on the second story which are consistent with the primary façade). Street Names 43. The subdivider shall comply with all provisions and requirements contained within Article 62, Chapter 15 of the Fresno Municipal Code related to Street Names and Addressing. All street names will be required to be verified by the Planning and Development Department prior to recordation of a Final Map(s). INFORMATION 44. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the school district’s adopted schedule of fees. 45. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 9 a) It is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details) to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. 46. Pursuant to Section 66456.1 of the Subdivision Map Act, which states “The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps,” multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of the Fresno Municipal Code, Subdivision of Real Property. 47. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 48. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 49. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff’s Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 50. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 51. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 10 developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a) A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b) A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c) Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d) The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 52. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions). RIGHT-OF-WAY ACQUISITION 53. The developer will be responsible for the acquisition of any necessary right -of-way to construct any of the required improvements. 54. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 55. In the event an acquisition of any easement or right -of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 56. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/Real Estate Section, an appraisal report or a request for an Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 11 estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 57. The subdivider/owner shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. STREETS AND RIGHTS-OF-WAY 58. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. 59. The subdivider/owner shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the four foot minimum unobstructed path requirement. 60. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Public Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; c. Landscape and irrigation plans (median island and street trees within all parkways). 61. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 12 62. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the City Engineer. DEPARTMENT OF PUBLIC WORKS 63. Comply with all of the requirements included within the attached Public Works Department, Traffic Planning, Community Facilities District (CFD), and Street Tree Requirements memorandums dated July 28, 2025, and redlined Exhibit A-1 dated June 2, 2025, and Traffic Impact Study comments dated July 3, 2025. DEPARTMENT OF PUBLIC UTILITIES 64. Comply with all of the requirements included within the attached Public Utilities Department memorandum dated July 29, 2025, and Redlined Map dated June 2, 2025. FIRE SERVICE 65. Comply with all of the requirements from the Fire Department memorandum dated June 5, 2025. FRESNO COUNTY ENVIRONMENTAL HEALTH DIVISION 66. Comply with all of the requirements from the Fresno County Environmental Health Division memorandum dated February 24, 2025. FLOOD CONTROL AND DRAINAGE (FMFCD) 67. Comply with all of the requirements from the FMFCD memorandums dated February 28, 2025. FRESNO IRRIGATION DISTRICT (FID) 68. Comply with all of the requirements from the FID memorandum dated June 2, 2025. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD) 69. Comply with all of the requirements from the SJVAPCD memorandum dated February 14, 2025. CLOVIS UNIFIED SCHOOL DISTRICT (CUSD) 70. Comply with all of the requirements from the CUSD memorandum dated June 6, 2025. Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 13 PACIFIC, GAS & ELECTRIC (PG&E) 71. Comply with all of the requirements from the PG&E memorandum dated February 24, 2025. DEVELOPMENT FEES AND CHARGES 72. The following fees are based on preliminary conceptual information. The exact fee obligation will be computed prior to Final Map approval by Public Works Department, Land Division & Engineering. The fee rates in effect at the time of Final Map approval, determined by the Master Fee Schedule, shall apply (Reso. No. 2016-258). SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth) b. Oversize Charge [1] $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge [2] $344/living unit Service Area: Fowler d. Wastewater Facilities Charge [3] $2,119/living unit e. Fowler Trunk Sewer Interim Fee Surety [1] $843/living unit f. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. h. Frontage Charge [1] $6.50/lineal foot i. Water Capacity Fee* [1] Single Family Residential $5,722.66/ 1” Meter/living unit Irrigation $5,722.66/ 1” Meter $7,154.34/ 1½” Meter $14,302.63/ 2” Meter Conditions of Approval Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 14 *Fee based on meter(s) sizes specified by owner; fee for Water Capacity established by the Master Fee Schedule. CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE j. Fire Facilities Impact Fee – Citywide [4] $2,300.54/living unit k. Park Facility Impact Fee – Citywide [4] $3,590.26/living unit l. Quimby Parkland Dedication Fee [2] $1,552.49/living unit m. Citywide Regional Street Fee [3] $8,842.74/adj. acre n. New Growth Area Major Street Fee [3] $27,676.99/adj. acre o. Police Facilities Impact Fee – Citywide [4] $954.44/living unit p. Traffic Signal Charge [1] $767.19/living unit q. UGM Right of Way Acquisition Chage [2] N/A Notes: The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009 – 01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. On December 8, 2016, Fresno City Council adopted Resolution No. 2016 -258, effective July 1, 2018, administratively updating the impact fees adjusted by this resolution annually to the percentage change in the 20-City Construction Cost Index as reported in the Engineering News Record (ENR) for the 12 -month period ending of May of the year of adjustment. [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. [5] Determined by Public Works. Exhibit K PART A - PROJECT INFORMATION 1. Job Address: Vesting Tentative Tract Map No. 6502 2. Street Location: Located on the north side of East McKinley Avenue, between North Temperance and North De Wolf Avenues 3. Planned Land Use: Medium Low Density Residential 4. Plan Areas: Fresno General Plan and McLane Community Plan 5. Project Description: Planned Development Permit Application P25-00027 proposes to modify the RS-4 zone district development standards, for lots 92-119, including private streets; a reduction in the minimum lot size, width, and depth; a reduction in the minimum garage, street side yard, and rear yard setbacks; and, an increase in the maximum lot coverage requirement for Vesting Tentative Tract Map No. 6502. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 6, 2025 PLANNED DEVELOPMENT PERMIT APPLICATION NO. P25-00027 “A PLANNED DEVELOPMENT” Conditions of Approval Planned Development Permit Application No. P25-00027 August 6, 2025 Page 2 of 6 PART B - GENERAL CONDITIONS AND REQUIREMENTS The City of Fresno Planning Commission, on August 6, 2025, approved the special permit application subject to the enclosed list of conditions and Exhibit A-1 dated June 2, 2025, for Planned Development Permit Application No. P25-00027. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitig ate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relation ship to the neighborhood and environment. Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to the Fresno Municipal Code can be made. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject pr operty and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjo ining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. This special permit is granted, and the conditions imposed, based upon the Operation Statement provided by the applicant. The Operation Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Conditions of Approval Planned Development Permit Application No. P25-00027 August 6, 2025 Page 3 of 6 Operation Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy available under the law. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. (Include this note on the site plan.) No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on the original Planned Development site plan exhibits (dated June 2, 2025) to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of the same in each of the sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please contact Rob Holt at (559) 621-8056 or via e-mail at Robert.Holt@fresno.gov for final sign-off for building permits. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relating to dedications, street improvements or off-street parking geometrics may be directed to Angela Reis at (559) 621-8650 / Angela.Reis@fresno.gov of the City of Fresno Public Works Department, Engineering Division, Land Planning. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a. Exhibit A-1 is required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news Conditions of Approval Planned Development Permit Application No. P25-00027 August 6, 2025 Page 4 of 6 stands, trash receptacles, tree wells, etc., within the existing and proposed public rights-of-way. b. Deed documents for the required property dedications shall be prepared by the applicant’s engineer and submitted to the Public Works Department, Engineering Division, Special Districts/Projects and Right-of-Way Section with verification of ownership prior to issuance of building permits. Deed documents must conform to the format specified by the City. Document format specifications may be obtained from the Public Works Department, Engineering Division, Special Districts/Projects and Right-of-Way Section, or by calling (559) 621-8694. c. ENCROACHMENT PERMITS. The construction of any overhead, surface or sub- surface private structures and appurtenances extending within the public rights - of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approved prior to issuance of building permits. STREET IMPROVEMENTS a) All public improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and approved by the City Engineer. The performance of an y work within the public street rights-of-way (including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division at (559) 621-8693, prior to commencement of the work. Contact the Public Works Department, Engineering Services Section at (559) 621 -8686 for detailed information. All required street improvements must be completed and accepted by the City prior to occupancy. b) Repair damaged and/or off grade off-site concrete improvements as determined by the Public Works Department, Construction Management Division (559) 621 - 5500. c) Install streetlights along all street frontages in accordance with City standards. Plans must be prepared by a registered Civil Engineer and must be approved by the Public Works Department Engineering Division prior to installation. d) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section, (559) 621 -8682, for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. Conditions of Approval Planned Development Permit Application No. P25-00027 August 6, 2025 Page 5 of 6 SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey monuments within the area of construction shall be preserved and if disturbed, shall be reset by a person licensed to practice Land Surveying in the State of California. PART D - PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) Fresno General Plan ii) McLane Community Plan iii) Planned Development iv) Medium Low Density Residential planned land uses b) In no instance shall public street(s) and sidewalk(s) be gated. c) Clearly depict where the public and private streets end on the planned development site plan, prior to Final Map submittal. d) Clearly depict all pedestrian gates and fences on the planned development site plan, including at the interface of the public and private streets, to be approved by the Planning and Development and Public Works Departments. e) Clearly depict all property lines on the planned development site plan and Final Map. 2) BUILDING HEIGHT a) The maximum building height allowed is 35 feet pursuant to the requirement of the FMC. 3) LOT COVERAGE a) Lot coverage shall not exceed 50% for all lots along public streets. Lot coverage shall not exceed 65% for all lots along private streets pursuant to Planned Development Permit Application No. P25-00027. Additionally, lot coverage shall comply with the requirements of the Fresno Metropolitan Flood Control District. 4) LOT WIDTH a) Lot width shall not be less than that shown on Vesting Tentative Tract Map No. 6502 dated June 2, 2025. Conditions of Approval Planned Development Permit Application No. P25-00027 August 6, 2025 Page 6 of 6 5) BUILDING SETBACKS a) Building setbacks shall be in accordance with site plan Exhibit A -1, Planned Development Permit Application No. P25-00027 dated June 2, 2025, unless otherwise noted in these conditions. 6) FENCES, HEDGES, WALLS a) Construct a minimum 6-foot-high decorative solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of FMC Section 15-2006. The decorative wall shall be located along the southern (rear) property line s of lots with frontage along East McKinley Avenue (Lots 1 through 8, 88 through 91, 108 through 112 and 115 through 118 of Vesting Tentative Tract Map No. 6502 dated June 2, 2025). Said wall shall be depicted on the related site plan exhibits. b) Construct a minimum 4-foot-high wrought iron fence along the entirety of the northern and eastern boundary of the trail, adjacent to the canal right -of-way. PART E - CITY AND OTHER SERVICES a) Comply with the Conditions of Approval for Vesting Tentative Tract Map No. 6502 dated August 6, 2025. Exhibit L DATE: July 28, 2025 TO: Robert Holt, Supervising Planner Planning and Development Department THROUGH: Jairo Mata, Public Works Manager Traffic and Land Planning Public Works Department FROM: Angela Reis, Chief Engineering Technician Public Works Department, Traffic Planning Section SUBJECT: Public Works Conditions of Approval T-6502 / P24-04042 a private development / public development 7270 E McKinley Ave De Young Properties / Gateway Engineering The Public Works Department, Traffic Operations and Planning Division, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. __________________________________________________________________________ General Conditions: 1. Street Dedications: Provide corner cut dedications at all intersections for accessibility ramps. 2. Right of way: All right-of-way “outside” of the subdivision border shall either be acquired prior to recordation of Final Map, or a deposit equal to the value of the right-of-way and an estimate of the City staff time necessary to acquire the right-of-way shall be submitted prior to recordation of the Final Map. 3. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Public Works Department for review and approval prior to recordation of the Final Map. Street: construction, signing, striping, traffic signal and streetlight and Trail: construction, grading, lighting, striping, signing, landscape and irrigation. 4. Sidewalks shall not exceed a 5% longitudinal slope. All existing sidewalks and trails in excess of 2% maximum cross slope must be brought into compliance prior to acceptance by Public Works. 5. Local to Collector Street Intersections: The intersection of two local continuous streets shall have a minimum of 160’ offset measured from centerline to centerline. 6. Traffic Calming: Traffic calming shall be provided for local street lengths exceeding 800’ and four-way intersections. Design to be approved on the street plans. 7. Outlots: If the subdivider seeks to dedicate to the City, in fee, an outlot for open space purposes, subdivider shall prove to the City that the outlot is free of toxic or hazardous materials pursuant to the requirements of City Administrative Order 8-1, including, but not limited to, performing a Phase I Soils Investigation. The soils Investigation report shall be submitted to the Public Works Department for review and approval. The subdivider must obtain Public Works approval of the soils investigation report and complete any mitigation work identified by the soils investigation prior to subdivider’s submittal of the Final Map to the Public Works Department. Any and all costs associated of the soils investigation and any required mitigation work shall be performed at the sole expense of the subdivider. 8. Encroachment Covenants: The construction of any private overhead, surface or sub- surface structures and appurtenances in the public right of way is prohibited unless an encroachment covenant is approved by the City of Fresno Public Works Department, Engineering Services Division, (559) 621-8681. Encroachment covenants must be approved prior to issuance of building permits. 9. Street widening and transitions shall also include utility relocations and necessary dedications. 10. Overhead Utilities: Underground all existing overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 15-4114. 11. Intelligent Transportation Systems (ITS): Street work on major streets shall be designed to include ITS in accordance with the Public Works ITS Specifications, where not existing. 12. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District (FID) providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Public Works Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Engineering Services Division for review and approval. Identify the proposed easement and provide a final cross-sectional detail on the map, if applicable. 13. Private Irrigation Pipe: If not abandoned, all piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Engineering Services Division for review and approval and provide an encroachment covenant for all crossings, if applicable. 14. Backing onto a major street: Backing onto a major street is prohibited. 15. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 16. Intersection Visibility: Maintain visibility at all intersections as described in the Fresno Municipal Code Section 15-2018. 17. Driveway Approaches: The throat of the driveway approaches shall be the same width as the driveway. Approach widths shall be built to Public Works Standard P-6. 18. Verify that the border is correct. Incorrect boundaries could result in extending timelines due to the need for separate processes, timelines and fees. 19. Provide cross sections on the map for all streets that are not proposed to a Public Works Standard. 20. Outlots: Any outlot for open space that is not accessible to the general public is not eligible for Park Impact Fee credits. 21. When permanent facilities are not available from the Fresno Metropolitan Flood Control District, the applicant shall identify a temporary onsite storm water basin per Public Works Standard P-97 for review and approval from Public Works. 22. Identify all easements on the map. • Local Streets: If constructed 42’ or 50’, a 1’ pedestrian easement is required on streets with driveway approaches. Frontage Improvement Requirements: Public Streets: McKinley Avenue: 2-Lane Collector 1. Dedication Requirements: a. Dedicate 36’ property, from center line, for public street purposes, within the limits of this application, per Public Works Standard P-54. b. Dedicate corner cuts for public street purposes at all intersections within the limits of this application. c. Relinquish direct access rights to McKinley Avenue from all lots within this subdivision. 2. Construction Requirements: a. Construct concrete curb, gutter and a 6’ sidewalk to Public Works Standard P-5. The curb shall be constructed to a 12’ residential pattern (5.5’– 6’ - .5’). b. Planting and Irrigation of street trees shall conform to the minimum spacing, guidelines, and requirements as stated in the Model Water Efficiency Landscape Ordinance, Public Works Standards and Specifications, Section 25 and 26. c. Construct standard curb ramps per Public Works Standard at all intersections, per P- 24 and P-25 per P-28 and P-32. d. Construct 20’ of permanent paving per Public Works Standard P-50 (measured from face of curb) within the limits of this subdivision and transition paving, as necessary. e. Construct an underground street lighting system to Public Works Standard E-1 and E- 7A, E-7B, within the limits of this subdivision. Streetlights installed on major streets shall be fed from a service pedestal with a master photo control as detailed in Section 3-3.17 of the City Specifications and Standard Drawings E-15, E-17 and/or E-18 or as approved by the City Engineer. f. Construct a concrete Emergency Vehicle Access (EVA) per Public Works Standard P- 67, if proposed or required. Janice Avenue: Local 1. Dedication Requirements: a. Dedicate 10’ of property, from section line, for public street purposes, within the limits of this application, per Public Works Standard P-56. b. Dedicate a corner cut for public street purposes at the intersection of Janice and Normal Avenue. 2. Construction Requirements: a. Construct concrete curb, gutter and a 5.5”’ sidewalk to Public Works Standard P-5, and P-56A. The curb shall be constructed to a 7’ residential pattern ( 5’.5” – 1.5”). Shall align with tract to the west. b. Planting and Irrigation of street trees shall conform to the minimum spacing, guidelines, and requirements as stated in the Model Water Efficiency Landscape Ordinance, Public Works Standards and Specifications, Section 25 and 26. c. Construct standard curb ramps per Public Works Standards P-28 and P-32 at all intersections with a R=20’. d. Where not existing construct up to 18’ of permanent paving per Public Works Standard P-50, within the limits of this subdivision and transition paving, as necessary. Trail- Canal side: 1. Dedicate: a. Dedicate a 25’ (minimum) Bike, Pedestrian and Landscape Easement (BPLE) purposes only. Additional right of way may be required for grading and drainage purposes. 2. Construct: a. Construct a 12’ wide Bike and Pedestrian Class I Trail, complete with lighting, signing, striping and landscaping, per the Fresno General Plan, the Public Works Standard P- 58, P-60, P-61 and the Caltrans Highway Design Manual. Identify route on the site plan complete with a cross section. Construct an expressway barrier fence per Public Works Standard P-74 and P-75, when required per the Highway Design Manual. Interior Streets: 1. Dedicate, design and construct all driveways, ramps, curb, gutter, sidewalk, permanent paving, cul-de-sacs, easements and underground street lighting systems on all interior local streets to Public Works Standards P-4, P-5, P-6, P-18, P-28, P-50, P-56A, P-56B, E-1 and E-9A, E-9B and E-11. Pedestrian easements are required behind driveways with sidewalk patterns less than 10’. 2. All streets and pedestrian ways shall connect to other streets and pedestrian ways to form a continuous vehicular and pedestrian network with connections within the subdivision and to adjacent development. Pedestrian paths of travel must meet current accessibility regulations. Identify ramps within the proposed subdivision wherever sidewalks are provided. 3. Garages: Garage or carport setbacks shall be a minimum of 18’ from the back of walk or curb, whichever is greater. 4. Provide a 12’ visibility triangle at all driveways. 5. Design local streets with a minimum of 250’ radius. Interior Streets: Private 1. Entry Gate: Provide a minimum of 50’ from the proposed gate to the back of walk/right-of- way/pedestrian easement, for vehicle stacking at the main gate. – Or- If multiple gates are provided, a total stacking can be split between the additional gates. If not existing, redesign the main entrance to provide for an onsite turnaround. Where the entry is divided, each side shall provide for a minimum opening of 16’ each. Where it is not divided, the gate shall be a minimum of 20’ wide. Coordinate gate requirements with fire and DPU. 2. All streets and pedestrian ways shall connect to other streets and pedestrian ways to form a continuous vehicular and pedestrian network with connections within the subdivision and to adjacent development. Pedestrian paths of travel must meet current accessibility regulations. Identify ramps within the proposed subdivision wherever sidewalks are provided. 3. Garages: Garage or carport are recommended to be a minimum of 18’ from the back of walk or curb, whichever is greater. 4. Provide a 12’ visibility triangle at all driveways. Specific Mitigation Requirements: A Traffic Impact Study is required for this subdivision. Comply with the most recent mitigation requirements of the Traffic Operations and Planning Manager for TIS 25-0111. A copy of the TIS comments can be found on the City of Fresno’s web page, Planning and Development Department’s “Citizen Portal”. Within the subdivision border- 1. Relinquish direct vehicular access rights to all lots abutting outlots. 2. Emergency Vehicle Access (EVA): Construct a concrete EVA per Public Works Standard P-67, if proposed or required. Traffic Signal Mitigation Impact (TSMI) Fee: This project shall pay all applicable TSMI Fees at the time of building permit. Contact the Public Works Department, Frank Saburit at (559)621- 8797. The fees are based on the Master Fee schedule. In some cases, traffic signals may be conditioned on multiple maps. If the signal is existing at the time of the final map, the applicant would not be required to construct the signal but would be required to pay the applicable fee. TSMI fee is credited against traffic signal and Intelligent Transportation System (ITS) improvements, provided that the improvements are constructed at ultimate locations, contained within the build out of the General Plan circulation element and are included in the latest Nexus Analysis for TSMI fee. Project specific impacts that are not consistent with the General Plan, Public Works Standard Drawings or not incorporated in the TSMI fee infrastructure costs, are not reimbursable. Failure to pay this fee or construct improvements that are credited / reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. If the applicant is conditioned with improvements that are credited / reimbursable with this fee, they should work with the Department of Public Works and identify, with a Professional Engineer’s estimate, the costs associated with the improvements, prior to paying the TSMI fee at time of building permit. Fresno Major Street Impact (FMSI) Fee: This Map is in the New Growth Area; therefore, pay all applicable growth area fees and City-wide regional street impact fees In some cases, center section improvements or bridges may be conditioned on multiple maps. If the improvements are existing at the time of the final map, the applicant would not be required to construct them, but would be required to pay the applicable fee. Fresno Major Street Impact (FMSI) Requirements: McKinley Avenue: 2-Lane Collector (New Growth Area) 1. Dedicate and construct the following within the limits of this subdivision. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate collector standard and any other grading or transitions as necessary based on a 45 MPH design speed. a. East bound: (1) 12’ center section travel lane and a 5’ shoulder. b. West bound: (1) 12’ center section travel lane c. West bound: 7’ Bike lane. d. Center section: a 12’ center two-way continuous left turn lane. If applicable, stripe 200’ left, turn pockets at all major intersections. e. If not existing, an additional 8’ dedication is required beyond the edge of pavement, if applicable. Regional Transportation Mitigation Fee (RTMF): Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148 ext. 200; www.fresnocog.org. Provide proof of payment or exemption prior to certificate of occupancy. DATE: July 28, 2025 TO: Robert Holt, Supervising Planner Planning and Development Department FROM: Adrian Gonzalez, Supervising Engineering Technician Public Works Department, Land Planning & Subdivision Inspection Section SUBJECT: PUBLIC WORKS CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 6502 REGARDING MAINTENANCE/SERVICE REQUIREMENTS (P24-04042) LOCATION: 7270 East McKinley Avenue APN: 310-052-27 The Public Works Department, Land Planning & Subdivision Inspection Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval. These requirements are based on City of Fresno code, policy, standards and the public improvements depicted on the exhibits submitted for this development. ATTENTION: The item below requires a separate process with additional costs and timelines. In order to avoid delays with the final map approval, the following item shall be submitted for separate processing to the Public Works Department, Land Planning & Subdivision Inspection Section prior to final map approval. X CFD Annexation Request Packages (CFD 11 and 18) Adrian Gonzalez (559) 621-8693 Luis.Gonzalez@fresno.gov The Community Facilities District annexation process takes from three to four months and SHALL be completed prior to final map approval. INCOMPLETE Community Facilities District (“CFD”) Annexation Request submittals may cause delays to the annexation process and final map approval. All applicable construction plans for this development shall be submitted to the appropriate City Department for review and approval prior to the CFD process. a. Landscape and Irrigation Plans are required to be approved prior to the finalization of the CFD process and the approval of the final map. b. Proposed park amenities shall be reviewed and approved by the Building & Safety Services Division or as approved in writing by the City Engineer at time of submittal for the CFD process and prior to final map approval. Requirements not addressed due to omission or misrepresentation of information, on which this review process is dependent, will be imposed whenever such conditions are disclosed and shall require a revision of this letter. Any change affecting the items in these conditions shall require a revision of this letter. 1. The Property Owner’s Maintenance Requirements The long term maintenance and operating costs, including repair and replacement, of certain required public improvements (“Services”) associated with all new Single-Family developments are the ultimate responsibility of the Developer. The Developer shall provide these Services either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno’s Community Facilities District No. 11 (“CFD No. 11”). The following public improvements (Existing and Proposed) are eligible for Services by CFD No. 11 as associated with this development:  All landscaped areas, trees and irrigation systems, as approved by the Public Works Department, within the street rights-of-way and landscape easements; including without limitation, the median island (1/2, if fronting only one side of median), parkways, buffers, street entry medians and sides (10’ wide minimum landscaped areas allowed) in all Local and Major Streets.  All landscaping, trees, irrigation systems, hardscaping and amenities within Outlots having the purpose for open spaces and trails.  Concrete curb and gutters, valley gutters, sidewalks, curb ramps, traffic calming structures, median island concrete maintenance band and cap (1/2, if fronting only one side of median), and streetlights in all Major Streets.  Concrete curb and gutters, valley gutters, sidewalks, curb ramps, traffic calming structures, and street entry and interior median island curbing and hardscape, street paving, street name signage and streetlights in all Local Streets. *All end lots, side yards, and front yards are the responsibility of the property owner and are not eligible for Services for maintenance by the CFD. 2. The Property Owner’s Services Requirements The recurring expenditures related to Public Safety Services, police and fire safety/protection/suppression (“Services”), provided by the City that are associated with all new Single- Family developments are the ultimate responsibility of the Developer. The Developer shall provide these Services either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno’s Community Facilities District No. 18 (“CFD No. 18”). The following public safety services will be furnished by CFD No. 18 as associated with this development:  The services to be funded, in whole or in part, by the District include all direct and incidental costs related to providing for the funding of public safety services within the area of the District.  The services shall include, but not be limited to, police and fire safety/protection/suppression services.  The District may fund any of the following related to the services described in the preceding sentence: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services.  The administrative expenses to be funded by the District include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the City related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District or the services authorized to be financed by the District, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District.  The incidental expenses that may be funded by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment and administration of the District. The Property Owner may choose to do one or both of the following: a. The Property Owner may petition the City of Fresno to request annexation to CFD No. 11 by completing and submitting an Annexation Request Package to the Public Works Department, Land Planning & Subdivision Inspection Section for review and approval. The Annexation Request Form is available, along with current costs, on-line at the City’s website at http://www.fresno.gov, under the Public Works Department, Land Development.  Proceedings to annex the final map to CFD No. 11 SHALL NOT commence unless the final map is within the City limits and all construction plans (this includes Street, Street Light, Signal, Landscape and Irrigation plans, and any other plans needed to complete the process) and the final map are considered technically correct.  The annexation process will be put on HOLD and the developer notified if all of the requirements for processing are not in compliance. Technically Correct shall mean that the facilities and quantities to be maintained by CFD No. 11 are not subject to change and after acceptance for processing.  Public improvements not listed above will require written approval by the Public Works Department Director or his designee.  All areas not within the dedicated street rights-of-way and approved for Services by CFD No. 11 shall be dedicated as a public easement for maintenance purposes. Outlots purposed for required public open space or City trails shall be dedicated in fee to the City of Fresno or as approved by the Public Works Department City Engineer. b. The Property Owner may provide for Services privately for the above maintenance requirements. All City maintenance requirements not included for annexation to CFD No. 11 for Services SHALL be included in the DCC&Rs or some other City approved mechanism for the required Services associated with this development. Contact the Planner in the Development and Resource Management Department for more details. c. The Property Owner may petition the City of Fresno to request annexation to CFD No. 18 by completing and submitting an Annexation Request Package to the Public Works Department, Land Planning & Subdivision Inspection Section for review and approval. The Annexation Request Form is available, along with current costs, on-line at the City’s website at http://www.fresno.gov, under the Public Works Department, Land Development.  Proceedings to annex the final map to CFD No. 18 SHALL NOT commence unless the final map is within the City limits and all construction plans (this includes Street, Street Light, Signal, Landscape and Irrigation plans, and any other plans needed to complete the process) and the final map are considered technically correct.  The annexation process will be put on HOLD and the developer notified if all of the requirements for processing are not in compliance. Technically Correct shall mean that the facilities and quantities to be maintained by CFD No. 18 are not subject to change and after acceptance for processing. For questions regarding these conditions please contact Adrian Gonzalez at (559) 621-8693 or Luis.Gonzalez@fresno.gov DEPARTMENT OF PUBLIC WORKS TO: Robert Holt, Supervising Planner Planning & Development Department FROM: Adrian Gonzalez, Supervising Engineering Technician Public Works, Land Planning & Subdivision Inspection Section DATE: July 28, 2025 SUBJECT: P24-04042; Tract 6502 (APN: 310-052-27) located on the north side of East McKinley Avenue, east of North Temperance Avenue. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in the street rights-of-way, landscape easements, outlots and median islands: GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscaping easements as determined by the Planning Department. Street trees shall be planted at the minimum rate of one tree for each 40' of street frontage or one tree per home (whichever is greater) by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with AB 1881. a. Street tree inspection fees shall be collected for each 40' of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works “Standard Specifications.” c. Landscape plans for all public use areas, such as parkways, buffers, medians and trails, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city-controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. f. Choose appropriate trees from the list of Approved Street Trees. Developer Doorway – City of Fresno BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS 1. The subdivider shall provide long term maintenance for all proposed landscaped areas by either petitioning for annexation in the Community Facilities District or by forming a Homeowner’s Association. 2. Maintenance Service Through Annexation into the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works Street construction plan set for the final map. Fees are applicable when the subdivider elects to have landscaping maintained by annexing into the City’s Community Facilities District. a. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with AB1881, water efficient landscaping. b. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. c. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/Engineering Services Division. d. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows. e. No private flags, signs or identification of any kind shall be permitted in the right-of- way, within the City - controlled easement or on the fence or wall facing the street. f. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. Page 13 of 14 MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall submit Plans to the Public Works/Engineering Services showing the location and configuration of all median islands fronting the proposed project. 2. The Public Works Department will review and evaluate existing median island(s) for a determination of all required improvements prior to approval of Final Map. 3. Landscape and irrigation is required on all new construction of median islands and shall be applied in accordance with the City of Fresno, Public Works Department Standards & Specifications and AB 1881. The Public Works Department requires all proposed median islands to be constructed with a one-foot-wide colored concrete strips, flush along curb edge, in a 12 inch by 12 inch brick slate pattern. 4. Trees shall not be planted in sections which are less than eight (8) feet wide unless approved by the Public Works Department. Sections less than eight (8) feet shall be capped with concrete as an integral part of the off-site improvements, whether the median is landscaped or not. OUTLOTS 1. Outlots which are utilized for water well purposes will not be included in the CFD. The Water Division Department in Public Utilities will provide the maintenance of all plant material on the well site. TRAIL REQUIREMENTS 1. The trail shall be constructed in accordance with the “Master Trails Manual” and the Public Works Department standards. The subdivider is responsible for the trail construction. The subdivider is responsible for all landscape and irrigation improvements for and within the trail. Construction plans shall be submitted and shall include landscaping and automatic drip irrigation design. Trail cross-sections will be required with submittal of Street Plans and Landscaping/Irrigation Plans for review and approval. These plans shall be in compliance with current City standards and approved by the Department of Public Works. Landscaping within the regional/multipurpose trail shall include large, medium and low-growing shrubs planted from 3 to 6 feet apart depending on variety, and trees spaced approximately 25 to 45 feet apart to provide 50% shade coverage onto the planting area and pathway. Landscaping adjacent to walls or fences shall comply with “Landscaped Buffer Development Standards.” All planting areas shall be irrigated with an automatic system. Submit all landscape and irrigation plans, to the scale of 1” = 20’, to dpwplansubmittal@fresno.gov for plan review, prior to the installation of any landscaping within the right-of-way. Page 14 of 14 Page 1 of 3 PUBLIC WORKS DEPARTMENT City Hall Scott L. Mozier, P.E. 2600 Fresno Street, 4th Floor Public Works Director Fresno, California 93721 Ph. (559) 621-8800 www.fresno.gov July 3, 2025 Robert Holt Supervising Planner Planning and Development Department 2600 Fresno Street, 3rd Floor Fresno, CA 93721 SUBJECT: REVIEW OF THE TRAFFIC IMPACT ANALYSIS (TIA) DATED MAY 28, 2025, FOR THE PROPOSED TRACT 6502 LOCATED ON THE NORTHEAST CORNER OF TEMPERANCE AND MCKINLEY AVENUES TIS 25-011, P24-04042 PROJECT OVERVIEW Traffic & Engineering Services staff has reviewed the Traffic Impact Analysis (TIA) prepared by JLB Traffic Engineering, Inc. for the proposed Tract 6502 (Project) on the northeast corner of Temperance and McKinley Avenues. The Project plans to develop a 120-lot subdivision. The approximately 23.56-acre site is currently vacant. The TIA evaluated the trip generation characteristics for the proposed project. Vehicle trips projected to be generated by the project were calculated using the ITE Trip Generation Manual, 11th Edition. The table below includes the weekday (ADT), AM and PM peak hour trips projected to be generated by proposed project as shown in the TIA. Table 1 Proposed Project Trip Generation from TIA Land Use Size Weekday ADT AM Peak Hour PM Peak Hour In Out Total In Out Total Single-Family Detached Housing (ITE Code 210) 120 DU 1,132 22 62 84 71 42 113 DU = Dwelling Units Page 2 of 3 GENERAL COMMENTS and CONDITIONS 1. This project shall pay its Traffic Signal Mitigation Impact (TSMI) Fee per the Master Fee Schedule at the time of building permit. The TSMI fee facilitates project impact mitigation to the City of Fresno Traffic Signal infrastructure so that costs are applied to each new project/building based on the generated ADT. The TSMI fee is credited against traffic signal installation/modifications and/or Intelligent Transportation System (ITS) improvements (constructed at their ultimate location) that plan to build out the General Plan circulation element and are included in the Nexus Study for the TSMI fee. If the project is conditioned with traffic signal improvements in excess of their TSMI fee amount, the applicant may apply for fee credits (security/bonding and/or developer agreement required) and/or reimbursement for work in excess of their fee as long as the infrastructure is in place at the ultimate location. The applicant should work with the Public Works Department and identify, with a Professional Engineers estimate, the costs associated with the improvements prior to paying the TSMI fee to determine any applicable fee credits and/or reimbursements. For project specific impacts that are not consistent with the General Plan, Public Works Standards, and/or are not incorporated into the TSMI fees, the infrastructure costs will not be eligible. Failure to pay this fee or construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. 2. This project shall pay its Fresno Major Street Impact (FMSI) Fee, which will be determined at the time of building permit. This FMSI fee is creditable towards major street roadway improvements included in the nexus study for the FMSI fee. 3. The project shall pay the Regional Transportation Mitigation Fee (RTMF). Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext. 200; www.fresnocog.org. Provide proof of payment or exemption, based on vesting rights, prior to issuance of building permits. 4. The proposed project shall pay the $665 Traffic Impact Analysis review fee for review of the document per the City’s Master Fee Schedule. Proof of payment shall be provided to the Traffic & Engineering Service Division, Traffic Planning Section. 5. All improvement plans (Street, Sewer, Water, Storm drain, etc.) shall be submitted and approved prior to recordation of the final map. 6. The proposed site plan shall be reviewed and approved by the City of Fresno Traffic & Engineering Services Division, Traffic Planning Section. 7. The proposed project shall make necessary improvements and right-of-way and public easement dedications along adjacent public street(s) and within the site boundaries per City of Fresno standards/requirements. DEPARTMENT OF PUBLIC UTILITIES MEMORANDUM DATE: July 29, 2025 TO: ROBERT HOLT – Supervising Planner Planning & Development Department – Current Planning FROM: DENISE SORIA, MSCE, PE, Licensed Professional Engineer Department of Public Utilities – Utilities Planning & Engineering SUBJECT: UPDATED DPU CONDITIONS OF APPROVAL FOR P24-04042 VESTING TENTATIVE TRACT MAP 6502 (BLOSSOM VIEW) – APN 310- 052-27 (Cross-reference P24-03170) Background The property is a vacant 24-acre parcel (APN 310-052-27) located on the north side of East McKinley Avenue, east of North Temperance Avenue, in unincorporated Fresno County, within the City of Fresno's Sphere of Influence. Vesting Tentative Tract Map (VTTM) No. 6502 pertains to the subdivision of a property into 119-lot single-family residential development. Of these 91 lots (lots 1 through 91) will have public streets and 28 lots (lots 92 through 119) will be in a gated Homeowners Association (HOA) community with private streets, located on the southeast corner of the property. The Planning and Development Department is requesting updated Conditions of Approval to reflect the following changes to the map that include removing one lot in the public portion of the Project at the southeast corner resulting in 119 lots instead of the original 120 lots and modifying the parking spaces in the HOA portion of the Project. This entitlement (DPU Conditions of Approval) is contingent upon the Project being annexed into the City of Fresno. General Requirements 1. Engineered improvement plans, prepared by a Registered Civil Engineer, if necessary, shall be submitted for DPU review and approval. 2. All DPU facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 3. Street easements and/or deeds shall be recorded prior to the approval of improvement plans. UPDATED DPU CONDITIONS OF APPROVAL FOR P24-04042 VESTING TENTATIVE TRACT MAP 6502 – (BLOSSOM VIEW) – APN 310-052-27 (Cross-reference P24-03170) July 29, 2025 Page 2 of 6 4. A street work permit is required for any work in the Right-of-Way. Contact the Department of Public works at DPWPermits@fresno.gov or (559) 621-8800 for an encroachment/street work permit. 5. All underground utilities shall be installed prior to permanent street paving. 6. Attached to these DPU Conditions of Approval is a preliminary review of the VTTM 6502 for the Project (as such VTTM 6502 was available on Accela as of the date of these Conditions of Approval). Final VTTM 6502 review will be conducted after an update based on these and other conditions for the Project. Water Service Requirements The nearest water mains to serve the Project are a 16-inch water main located in East McKinley Avenue, an 8-inch water main located in East Peralta Way, an 8-inch water main located in East University Avenue, and an 8-inch water main located in East Normal Avenue. Water facilities are available to provide service to the Project subject to the following requirements: 1. Install a 16-inch water main (including the installation of City fire hydrants, if applicable) along the southern boundary of the Project from the existing 16-inch water main located on East McKinley Avenue (referenced above) to the southeast corner of the Project (entire Project frontage) if not previously installed by another party. 2. Install an 8-inch water main (including installation of City fire hydrants, if applicable) along the eastern boundary of the Project extending northward to provide service to the eastern section of the Project. 3. Install an 8-inch looped water main (including installation of City fire hydrants, if applicable) in all public and private streets within the Project (as depicted on VTTM 6502 uploaded to Accela on June 2, 2025) to provide service to each lot, connecting to the existing and future water mains described above. 4. On-site water utilities in private streets within the gated HOA shall be private to be operated and maintained by the applicant. 5. Water utilities in public streets shall be City of Fresno utilities to be operated and maintained by the City. 6. Installation of water service(s) and meter(s) to each lot shall be required. 7. The applicant shall be financially responsible for the abandonment of any unused water services previously installed at the property. 8. Destroy any existing on-site well(s) in compliance with the State of California Well Standards, Bulletins 74-81 and 74-90, or current revisions, issued by California UPDATED DPU CONDITIONS OF APPROVAL FOR P24-04042 VESTING TENTATIVE TRACT MAP 6502 – (BLOSSOM VIEW) – APN 310-052-27 (Cross-reference P24-03170) July 29, 2025 Page 3 of 6 Department of Water Resources, and City of Fresno standards. The applicant shall comply with Fresno Municipal Code (FMC) Chapter 6, Article 4, as may be amended from time to time. Note: There is an existing residence on the northern portion of APN 310-052-27. As shown on VTTM 6502 there are two wells near the existing residence. All wells on the property shall be destroyed in accordance with Water Services Requirements, Item 7. 9. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Department of Public Utilities Director or designee. Note: The VTTM 6502, uploaded to Accela on June 2, 2025, does not show two independent sources of water for the gated HOA community. The applicant shall revise VTTM 6502 to show two sources of water in accordance with Water Service Requirements, Item 8. Landscape Requirements 1. Service, meter, and backflow prevention device are to be of the same size (inside diameter of pipe). 2. 1.5-inch and 2.0-inch meters to be installed per Public Works Standard Drawing W-1. 3. 1.0-inch meters to be installed per Public Works Standard Drawing W-2. 4. Backflow prevention device(s) to be installed per Public Works Standard Drawing W- 11. 5. All Reduced Pressure Principle Backflow Prevention Assembly (i.e. RP devices) shall be tested and approved by a certified AWWA or ABPA tester within five days of installation. The property will not be given occupancy until all the RP devices are tested and documented with the City of Fresno Water Division. A list of certified testers can be obtained by calling (559) 621-5335. 6. DPU reserves the right to require an applicant to increase or decrease the size of a water meter for the Project to ensure that it is properly sized to accommodate water demands and to allow for accurate volumetric flow measurements at low- and high- flow conditions. Water Supply Requirements The existing property is currently not served by a City water service. UPDATED DPU CONDITIONS OF APPROVAL FOR P24-04042 VESTING TENTATIVE TRACT MAP 6502 – (BLOSSOM VIEW) – APN 310-052-27 (Cross-reference P24-03170) July 29, 2025 Page 4 of 6 1. The applicant shall be required to pay Water Capacity Fee charges for the installation of new water services and meters to serve the Project. a. The Water Capacity Fee charge assessed to the applicant shall be based on the number and size of service connections and water meters required to serve the Project. b. The Water Capacity Fee charges by meter size are defined in the City’s Master Fee Schedule (MFS) c. The City reserves the right to require an applicant to increase or decrease the size of a water meter for the Project to ensure that it is properly sized to accommodate fire protection requirements, and to allow for accurate volumetric flow measurements at low- and high-flow conditions. d. The Water Capacity Fee Charge for any new or expanded service connection shall be payable prior to the issuance of a building permit at the fee level in effect on the date such permit is issued. 2. The applicant shall be required to pay all other water-related fees and charges in accordance with the City’s MFS and the FMC. Sewer Service Requirements The nearest sanitary sewer mains to serve the Project are a 30-inch sewer main located in East McKinley Avenue, an 8-inch sewer main located in East Peralta Way, an 8-inch sewer main located in East University Avenue, and an 8-inch sewer main located in East Normal Avenue. Sanitary facilities are available to provide service to the Project subject to the following requirements: 1. A preliminary sewer design layout for subdivisions with public (City of Fresno) sewer shall be prepared by the applicant’s engineer and submitted to the Department of Public Utilities for review and comments. The preliminary sewer design layout must be submitted to DPU at least 45 days prior to submitting the final map(s), engineered plan, and profile improvement drawing(s) for City review or acceptance of the final map(s), in accordance with these DPU Conditions of Approval. Submit the preliminary sewer design layout and a filled-out Tract and Utility Improvement Intake Form, attached for your reference to dpu.eng@fresno.gov. Note: The Project as described in the Operational Statement uploaded to Accela on February 3, 2025, will consist of both public and private streets with public (City of Fresno) water and sewer. A preliminary sewer design layout is required for all subdivisions with public (City of Fresno) sewer. 2. Install a 30-inch sanitary sewer main along the southern boundary of the Project, from UPDATED DPU CONDITIONS OF APPROVAL FOR P24-04042 VESTING TENTATIVE TRACT MAP 6502 – (BLOSSOM VIEW) – APN 310-052-27 (Cross-reference P24-03170) July 29, 2025 Page 5 of 6 the existing 30-inch sewer main located on East McKinley Avenue (referenced above) to the southeast corner of the Project (entire Project frontage). 3. Install an 8-inch sewer main along the eastern boundary of the Project extending northward to provide service to the eastern section of the Project. 4. Install an 8-inch sewer main in all the public and private streets within the Project (as depicted on VTTM 6502 uploaded to Accela on June 2, 2025) to provide service to each lot, connecting to the existing and future sewer mains described above. 5. On-site sanitary sewer utilities in private streets within the gated HOA shall be private to be operated and maintained by the applicant. 6. Sanitary sewer utilities in public streets shall be City of Fresno utilities to be operated and maintained by the City. 7. Installation of separate sewer service branch(es) to each lot shall be required. 8. The applicant shall be financially responsible for the abandonment of any unused sewer services previously installed at the property. 9. All existing on-site private septic systems (including septic tanks) shall be destroyed and abandoned in compliance with the State of California standards, Fresno County standards, and City of Fresno standards, as may be amended from time to time. All sewer connections and sewer main extensions shall comply with FMC Section 6-303(a), as may be amended from time to time. Note: There is an existing residence on the northern portion of APN 310-052-27. DPU’s Utilities Planning & Engineering Division records do not indicate the existing residence is connected to the City’s sewer system. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Lateral Sewer Charge. 2. Oversize Sewer Charge. 3. Wastewater Facility Sewer Charge (Residential). 4. Sewer Trunk Area: Fowler. 5. Whereas, the necessary and appropriate fees for future replacement of Clovis' Fowler Avenue Trunk Sewer capacity have not been established and adopted by the City Council; the Developer in-lieu of constructing separate sanitary sewer facilities that UPDATED DPU CONDITIONS OF APPROVAL FOR P24-04042 VESTING TENTATIVE TRACT MAP 6502 – (BLOSSOM VIEW) – APN 310-052-27 (Cross-reference P24-03170) July 29, 2025 Page 6 of 6 would otherwise be required of this project (to provide for collection and conveyance of sanitary sewage discharged from the project to an approved point of discharge to the Sewer System located south of Tulare Avenue) shall provide payment of an "Interim Fee Surety" based on the current dollars and the present value of money per living unit or living unit equivalent for the impending fees. Said "Interim Fee Surety" may be deferred through a Fee Deferral Agreement to the issuance of a building permit or occupancy. Following adoption of a fee established for replacement of Clovis' capacity in the Fowler Avenue Trunk Sewer by the City Council, "Interim Fee Sureties" provided by the Developer shall be applied to the established fee and any amounts in excess shall be refunded. Solid Waste Service Requirements This Project will be serviced as a Single-Family Residential property with Basic Container Service. Each unit will receive 3 containers to be used as follows: 1 (one) Gray container for solid waste, 1 (one) Green container for green waste, and 1 (one) Blue container for recyclable material. Note: On September 18, 2024, the applicant confirmed that both the gated and non-gated portions of the Project will be serviced with (single-family) Basic Container Service. 1. Provide a 44-foot (centerline) turning radius at all corners and a T-turnaround (or hammerhead) area where the solid waste vehicle is to turn around, in accordance with Public Works Standard Drawing P-34. 2. Ingress and egress of the location shall have an unobstructed overhead clearance of 16 feet and shall not be less than 18 feet wide per Public Works Standard Drawing P- 34. 3. The safe back up limit for a solid waste vehicle shall not exceed 45 feet, in accordance with Public Works Standard Drawing P-34. 4. On solid waste service collection days provide access to gates by 5:30 AM. Alternatively, provide a lock box with key, remote control access, or access code (same as for the Fire Department). Attachments: DPU1 Redlines dated June 24, 2025 Tract and Utility Improvement Intake Form LOCAN AVENUE N SCHNEIDER AVENUE N JANICE AVENUE N SCHNEIDER AVENUE N HORNET AVENUE N SCHNEIDER AVENUE VIA SEMIVICOLI PLACE VIA CABRAL PLACE E UNIVERSITY AVENUEE PERALTA WAYVIA WATUSI DRIVEVIA PERSONICOPLACEE CARMALEE LANEN HORNET AVENUEE WELDON AVENUEN SCHNEIDER AVENUE N STANLEY AVENUEE NORMAL AVENUEVIA TAPIA PLACE VIA LIMPUS PLACE 9713121716151424252021222324510278928102961039810199100105106111110118109108887861149086873191181126919OUTLOT A9294104OUTLOT I11611511311710795OUTLOT FOUTLOT E OUTLOT HOUTLOT GO U T L O T D11211993 374039413638PARK314630472948353433424432454351525354554950586160565759727166676263646584838281807978856877767475736970TRAILSHEET 2 SHEET 3 N SCHNEIDER AVENUE OUTLOT BEAST McKINLEY AVENUEOUTLOT CVIA WATUSI DRIVEVIA WATUSIDRIVENNCITY OF FRESNO, COUNTY OF FRESNOSTATE OF CALIFORNIAVESTING TENTATIVETRACT MAP No. 6502 N SCHNEIDERAVENUEN SCHNEIDER AVENUETRAIL3029 TEMP BASIN TEMP BASIN 47 58 59 61 60 56 66 67 62 63 64 65 84 83 82 81 80 79 78 85 37353433 68 7776 40 3941 74 75 42 73 57 44 3231 46 72 71 51 52 53 54 55 49 50 6970 48 36 38 45 43 PARK 1312 17161514 2425 20212223 245 10 27 89 28 88 78 6 90 86 87 3 1 91 1811 26 9 19 OUTLOT A N SCHNEIDERAVENUEN JANICE AVENUEN SCHNEIDER AVENUEN HORNET AVENUEVIA SEMIVICOLI PLACEE UNIVERSITY AVENUE E PERALTA WAY E CARMALEE LANE N HORNET AVENUEE WELDON AVENUE N STANLEY AVENUEE NORMAL AVENUE VIA WATUSI DRIVE 105 106 108 104 107 109 OUTLOT BEAST McKINLEY AVENUE N SEE SHEET 3CITY OF FRESNO, COUNTY OF FRESNO STATE OF CALIFORNIA VESTING TENTATIVE TRACT MAP No. 6502 971029610398101991001051061111101181091081149294104OUTLOT I1161151131171079593OUTLOT F OUTLOT E OUTLOT HOUTLOT G OUTLOT D112119OUTLOT BVIA SEMIVICOLI PLACE VIA CABRAL PLACE VIA WATUSI DRIVEVIA WATUSI DRIVEVIA PERSONICO PLACEVIA TAPIA PLACE VIA LIMPUS PLACE VIA WATUSI DRIVELOCAN AVENUE TRAIL888687EAST McKINLEY AVENUEOUTLOT CNCITY OF FRESNO, COUNTY OF FRESNOSTATE OF CALIFORNIAVESTING TENTATIVETRACT MAP No. 6502SEE SHEET 2 & 2600 Fresno Street Fresno, California 93721-3604 www.fresno.gov Fire Department June 5, 2025 Carl Torrence Comments 1. This is a 120-lot proposed subdivision with new streets. There are no relevant COF Public Works Standards for these streets shown on the documents. All proposed street shall meet applicable public works standards prior to any formal approval of this plan. FFD staff are unable to determine if there will be any on street parking restrictions. 2. This proposed tract is outside of the 3-mile response distance from existing permanent Fire Station 10. As specified in the UGM ordinance, up to 5,000 homes may be constructed up to a 5-mile response distance when provided with fire mitigations which include the installation of fire sprinklers. 3. All lots are outside the fire 4-minute response time. 4. The parcel proposed for development is currently in the County and will have to be annexed to the City of Fresno. Payment of a fire service transition fee to the Fresno County Fire Protection District is required. 5. All lots in the subdivision are subject to the city-wide fire service delivery impact fee. 6. UGM Fee Requirements & Development restrictions related to fire services can be found in the Fresno Municipal Code. 7. Provide a detail on the tract map of the proposed EVA to provide emergency vehicular access only between the public and private street intersection along the proposed Via Watusi Drive of Vesting Tentative Tract Map No. 6502 dated June 2, 2025. This detail shall include: a. AP-67 approach on each side if curbs are being installed. The transition between approaches must be paved. b. A sign on both sides of the gate in accordance with FFD Policy 403.005 that states: “FIRE LANE” (in 6-inch letters) Page 2 “VEHICLES REMOVED AT OWNER’S EXPENSE”) (in 2-inch letters) “FRESNO POLICE DEPARTMENT @ (559) 621-7000” (in 1-inch letters) The lettering shall be in red letters on a reflective white background. 8. Provide approved police/fire bypass lock (“Best” padlock model 21B700 series or electric cylinder switch model 1W7B2) on drive access gate(s). All electrified gates shall be equipped with the Best electric cylinder lock 1W7B2. A Knox padlock may not be used in place of the Best padlock model 21B700. These locks can be purchased only through Sierra Lock & Glass, 1560 N. Palm Avenue, Fresno, CA 93728. 9. All gated residential developments require a “Click to Enter” system. Install a “Click to Enter” system at all electrified gates and provide an approved visual recognition/feature sign at the “click to Enter” gate locations. 10. Electric gates shall be provided with battery back-up. 11. Click-2-Enter installation requires a separate permit from the Fire Department issued to the gate installation contractor. 12. All weather fire access must be provided, inspected and in service (approved) prior to the delivery of combustible material to the location. All weather fire access must be maintained throughout the project without interruption. FFD Policy #403.002. 13. No phasing of construction has been proposed by developer. 14. Fire hydrants must be inspected and in service (approved) prior to the delivery of combustible material to the location. 15. Install 8-inch minimum public water mains throughout the development per Public Utilities and Fire Department requirements for local residential streets. 16. Relocate the fire hydrant at the corner of lot 62 to the corner of lot 85. 17. No private fire hydrants are shown on plans in the gated community. Provide fire hydrants per Public Works and Public Utilities requirements for residential subdivisions with a minimum fire flow of 1500 gpm at a residual pressure of 20 psi with fire hydrants spaced no more than 600 feet apart with two points of connection. 18. It is the permit applicant’s obligation to confirm and comply with all fire & life safety provisions per '22 CFC §106.2.3 & 2600 Fresno Street Fresno, California 93721-3604 www.fresno.gov Fresno County Environmental Health Division February 24, 2025 Comments 1. Construction permits for the proposed development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116. 2. Construction permits for the proposed development should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Water Resources Control Board, Division of Drinking Water-Southern Branch. For more information call (559) 447-3300. 3. Due to the location, the proposed project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to your City of Fresno municipal code and Fresno County Ordinance Code. 4. As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor. 5. Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information. PROJECT NO: APN: ADDRESS: SENT: 6502 7270 E. MCKINLEY AVE. 310-052-27 February 28, 2025 PUBLIC AGENCY ROBERT HOLT DEVELOPMENT SERVICES/PLANNING CITY OF FRESNO 2600 FRESNO STREET, THIRD FLOOR FRESNO, CA 93721-3604 DEVELOPER ERNIE ESCOBEDO, QK INC 601 POLLASKY AVE. CLOVIS, CA 93612 Drainage Area(s)Preliminary Fee(s) BS $376,954.00 Development Review Service Charge(s)Fee(s) NOR Review $1,035.00 To be paid prior to release of District comments to Public Agency and Developer. Grading Plan Review $2,890.00 Amount to be submitted with first grading plan submittal. Storm Drain Plan Review For amount of fee, refer to www.fresnofloodcontrol.org for form to fill out and submit with first storm drain plan submittal (blank copy attached). Total Drainage Fee: $376,954.00 Total Service Charge: $3,925.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. Pursuant to the District’s Development Review Fee Policy, the subject project shall pay review fees for issuance of this Notice of Requirements (NOR) and any plan submittals requiring the District’s reviews. The NOR fee shall be paid to the District by Developer before the Notice of Requirement will be submitted to the City. The Grading Plan fee shall be paid upon first submittal. The Storm Drain Plan fee shall be paid prior to return/pick up of first submittal. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid through 2/28/25 based on the site plan submitted to the District on 2/03/25 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a.)Fees related to undeveloped or phased portions of the project may be deferrable. b.) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c.)Creditable storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d.)The actual cost incurred in constructing Creditable drainage system facilities is credited against the drainage fee obligation. e.)When the actual costs incurred in constructing Creditable facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. f.) Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the General Manager of the District within 60 days from payment of the fee. A non refundable $300 Administration fee or 5% of the refund whichever is less will be retained without fee credit. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS File No. 210.45 Page 1 of 6 Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a.Drainage from the site shall X b.Grading and drainage patterns shall be as identified on Exhibit No. 1. c.The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2.The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER. None required. 3.The following final improvement plans and information shall be submitted to the District for review prior to final development approval: X Grading Plan X Street Plan X Storm Drain Plan X Water & Sewer Plan X Final Map X Drainage Report (to be submitted with tentative map) Other None Required 4.Availability of drainage facilities: a.Permanent drainage service is available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet(s). b.The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c.Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. d.See Exhibit No. 2. 5.The proposed development: X Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) Does not appear to be located within a flood prone area. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 6 7.The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a.State General Permit for Storm Water Discharges Associated with Construction Activities, effective July 1, 2010, as amended. A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre) if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent and Permit Registration Documents to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. b.State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 2014 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. c.The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 8.A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9.The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. Brent Sunamoto Gary W. Chapman District Engineer, RCE Engineering Tech III Digitally signed by Brent Sunamoto Date: 2/28/2025 8:06:22 AM Digitally signed by Gary W. Chapman Date: 2/26/2025 2:47:47 PM 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 6 CC: BRANDON DE YOUNG, TEAM 5 PROPERTIES INC 677 W PALMDON DR. #208 FRESNO, CA 93704 JULI KUTKA, DE YOUNG PROPERTIES 677 W. PALMDON DR., SUITE 208 FRESNO, CA 93704 GILBERT TAPIA 677 W. PALMDON DR. FRESNO, CA 93704 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 6 Pursuant to the District's Development Review Fee Policy, the subject project shall pay review fees in the amount identified below for Storm Drain Review. The fee shall be paid to the District by Developer with first plan submittal. Checks shall be made out to Fresno Metropolitan Flood Control District. Application No. Name / Business FR TRACT 6502 Project Address Project APN(s) Project Acres (gross) ERNIE ESCOBEDO, QK INC 7270 E. MCKINLEY AVE. 310-052-27 24.08 Please fill in the table below of proposed storm drain facilities to be constructed with this development and return completed form with first plan submittal. If you have any questions or concerns regarding the construction of facilities list, you can contact the Fresno Metropolitan Flood Control District at 559-456-3292. Description Qty Unit Price Amount Estimated Construction Cost Amount Due $375.00 plus 3% of the estimated construction costs Total ($300.00 gross per acre)$7,224.00 Fee equals lesser of Description Qty Unit Price Amount Storm Drain Facilities Cost Sheet 15" Concrete Pipes $148.00 LF 18" Concrete Pipes $158.00 LF 24" Concrete Pipes $178.00 LF 30" Concrete Pipes $211.00 LF 36" Concrete Pipes $261.00 LF 42" Concrete Pipes $303.00 LF 48" Concrete Pipes $353.00 LF 54" Concrete Pipes $430.00 LF 60" Concrete Pipes $507.00 LF 66" Concrete Pipes $599.00 LF 72" Concrete Pipes $691.00 LF 84" Concrete Pipes $773.00 LF 96" Concrete Pipes $837.00 LF 15" Jacked Pipes $1,648.00 LF 18" Jacked Pipes $1,754.00 LF 24" Jacked Pipes $2,089.00 LF 30" Jacked Pipes $2,430.00 LF 36" Jacked Pipes $3,383.00 LF 42" Jacked Pipes $4,090.00 LF 48" Jacked Pipes $4,275.00 LF 54" Jacked Pipes $4,529.00 LF 60" Jacked Pipes $4,633.00 LF 66" Jacked Pipes $4,872.00 LF 72" Jacked Pipes $5,051.00 LF 84" Jacked Pipes $5,322.00 LF Manholes $8,200.00 EA Inlets & Laterals $5,900.00 EA Outfalls $17,200.00 EA Canal Turnout $44,300.00 EA Basin Excavation $1.50 CY IMPROVEMENTS ADJACENT TO BASIN Fence, Pad, and Gate $40.00 LF Mowstrip $27.00 LF Arterial Paving $121.00 LF Local Paving $55.00 LF Curb and Gutter $52.00 LF Sidewalk $109.00 LF Sewer Line $30.00 LF Water Line $31.00 LF Street Lights $149.00 LF Pump Station/Intake $700,000.00 EA 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 5 of 6 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 6 of 6 +^+^ +^ +^ r r r r rrr TRACT 6502 Existing TemporaryPond Existing Temporary Pond MCKINLEY AVE 36 18Existing TemporaryInlet To Be RemovedBy Developer PERALTA WAYTEMPERANCE AVEVAHE AVEWELDON AVE NORMAL AVE WELDON AVE Mill No. 36 Temperance No. 37MILLDITCH ''BS'' BASIN ''RCB'' 36 24 302424242436 183018 F R E S N O M E T R O P O L I T A N F L O O D C O N T R O L D I S T R I C TEXHIBIT NO. 1 TRACT 6502 Prepared by: alexm Date: 2/26/2025 Path: K:\Autocad\DWGS\0EXHIBIT\TRAC TS\6502.mxd O 1 " = 400 ' DRAINAGE AREA "BS" NOTE: THIS MAP IS SCHEMATIC.DISTANCES, AMOUNT OF CREDITABLEFACILITIES, AND LOCATION OF INLETBOUNDARIES ARE APPROXIMATE. Creditable Facilities (Master Plan Facilities To Be ConstructedBy Developer) - Pipeline (Size Shown) & InletExisting Master Plan FacilitiesFuture Master Plan Facilities Inlet BoundaryDrainage Area Boundary Existing Temporary Inlet+^Existing FID Facilities Direction Of Drainager Limits Of TRACT 6502 Private FacilitiesðLEGEND Minimum 15' Wide Storm Drain Easement To Be Dedicated To District By Developer The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that developer’s Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District. The Master Plan system has been designed such that during a two-year event flow will not exceed the height of the 6-inch curb. Should wedge curb (4.5 inches height) be used the same criteria shall apply whereby flow remains below the top of curb. Any extensions or pipe size increases due to meeting the requirement listed above shall be at the developer’s expense. Lot coverage must be provided to the District prior to submittal of improvement plans. The final drainage fee will be calculated commensurate with the lot coverage provided by the developer. If the lot coverage indicates a density higher than Master Planned, mitigation may be required. The lot coverage calculated by the District includes the front yard walkway, sidewalk walkway and the rear yard patio equaling an additional 6% of impervious area in addition to the City’s typical lot coverage calculation. A minimum fifteen foot (15') wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. The easement may be slightly realigned to accommodate future development, provided the property owner accepts the responsibility to grade the property such that the drainage from the property will reach inlets on the alternate pipeline alignment, and accepts any additional costs for the construction of additional storm drain facilities that may be required. Any proposed storm drain alignments must be reviewed and approved by the District. No surface runoff shall be directed towards the District basin. The District recommends a single fence between the site and the District’s basin. The developer should contact the District so that alternatives to a dual fence can be reviewed. If a fence other than the existing chain link fence is proposed, District review and approval of the proposed fence is required. Development No.FR TRACT No. 6502 OTHER REQUIREMENTS EXHIBIT NO. 2 Fresno Metropolitan Flood Control District Capturing Stormwater since 1956 k:\letters\annexation letters(lafco)\fresno\city of fresno anx-24-04526(bs)(gc).docx 5469 E. Olive Avenue • Fresno, CA 93727 • (559) 456-3292 • FAX (559) 456-3194 www.fresnofloodcontrol.org File 170.251 310. “BS” February 28, 2025 Mr. Robert Holt, Supervising Planning City of Fresno Development and Resource Management Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Holt, Annexation Application No. P24-04526 McKinley-Temperance Reorganization No. 1b Drainage Area “BS” The proposed annexation area encompasses lands within the Fresno Metropolitan Flood Control District and will be served by the District’s Storm Drainage and Flood Control Master Plan. Drainage service by the Master Plan is not available for the annexation area at this time. It is our understanding there will be no change in the District’s share of the property tax base, nor future property tax increments for the impacted Tax Rate areas. The District further requests its historic growth increment tax be applied to this area. If you have any questions or require further information, please do not hesitate to contact us. Sincerely, Gary Chapman Engineering Technician III GC/lrl c: Peter Sanchez, Fresno Metropolitan Flood Control District Fresno Metropolitan Flood Control District Capturing Stormwater since 1956 k:\letters\rezone letters\fresno\2025\24-04527(bs)(gc).docx 5469 E. Olive Avenue • Fresno, CA 93727 • (559) 456-3292 • FAX (559) 456-3194 www.fresnofloodcontrol.org File 210.45 “6502” 310. “BS” 400.21 February 28, 2025 Mr. Robert Holt, Supervising Planning City of Fresno Development and Resource Management Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Holt, Prezone Application No. P24-04527 Tract 6502 Drainage Area “BS” The District has reviewed the land use changes proposed through the subject prezone. The proposed prezone lies within the District’s Drainage Area “BS”. The District’s system can accommodate the proposed prezone. Should you have any questions concerning this matter, please feel free to contact the District. Sincerely, Gary Chapman Engineering Technician III GC/lrl February 14, 2025 Robert Holt City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 Project: P24-04042, Vesting Tentative Tract Map No. 6502 District CEQA Reference No: 20250115 Dear Mr. Holt: The San Joaquin Valley Air Pollution Control District (District) has reviewed the Vesting Tentative Tract Map (TTM) from the City of Fresno (City) for the project described above. Per the TTM, the project consists of the construction of a 119 lot single family residential subdivision with an associated trail and park as well as the pre-zoning and annexation of approximately 24 acres to RS-4 (Single Family Residential, Medium Low Density) (Project). The Project is located on the north side of East McKinley Avenue, east of north Temperance Avenue in Fresno County, CA. The District offers the following comments at this time regarding the Project: Project Related Emissions At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8 -hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8 -hour ozone, PM10, and PM2.5 standards. Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI): https://ww2.valleyair.org/media/g4nl3p0g/gamaqi.pdf. San Joaquin Valley Air Pollution Control District Page 2 of 8 District Reference No: 20250115 February 14, 2025 Construction Emissions The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment. Health Risk Screening/Assessment The City should evaluate the risk associated with the Project for sensitive receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) in the area and mitigate any potentially significant risk to help limit exposure of sensitive receptors to emissions. To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization and/or a Health Risk Assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health. Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the project, including multi-year construction, as well as ongoing operational activities of the project. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction, and from ongoing operation of heavy -duty on-road trucks. Prioritization (Screening Health Risk Assessment): A “Prioritization” is the recommended method for a conservative screening -level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology. Please contact the District for assistance with performing a Prioritization analysis. The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation. Health Risk Assessment: Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA. San Joaquin Valley Air Pollution Control District Page 3 of 8 District Reference No: 20250115 February 14, 2025 A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the health impacts would exceed the District’s established risk thresholds, which can be found here: https://ww2.valleyair.org/permitting/ceqa/. A project with a significant health risk would trigger all feasible mitigation measures. The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency. The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review: • HRA (AERMOD) modeling files • HARP2 files • Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies. For assistance, please contact the District’s Technical Services Department by: • E-Mailing inquiries to: hramodeler@valleyair.org • Calling (559) 230-5900 Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors to prevent the creation of a significant health risk in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww2.arb.ca.gov/our-work/programs/resource-center/strategy- development/land-use-resources. Vegetative Barriers and Urban Greening There are residential units located west and north of the Project. The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g., residential units). While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a population’s exposure to air pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a high er and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is also a way to help San Joaquin Valley Air Pollution Control District Page 4 of 8 District Reference No: 20250115 February 14, 2025 improve air quality and public health in addition to enhancing the overal l beautification of a community with drought tolerant, low-maintenance greenery. Clean Lawn and Garden Equipment in the Community Since the Project consists of residential development, gas-powered lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: https://ww2.valleyair.org/grants/clean-green-yard-machines-residential/ and https://ww2.valleyair.org/grants/zero-emission-landscaping-equipment-voucher- program/. District Rules and Regulations The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes. The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: https://ww2.valleyair.org/rules-and-planning/current-district-rules- and-regulations. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888. San Joaquin Valley Air Pollution Control District Page 5 of 8 District Reference No: 20250115 February 14, 2025 District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT). This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888. District Rule 9510 - Indirect Source Review (ISR) The Project is subject to District Rule 9510 because it will receive a project- level discretionary approval from a public agency and will equal or exceed 50 dwelling units of residential development. The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation projects from mobile and area sources; specifically, the emissions associated with the construction and subsequent operation of development projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their projects. Should the proposed development project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive projects to achieve off-site emissions reductions. Per Section 5.0 of the ISR Rule, an Air Impact Assessment (AIA) application is required to be submitted no later than applying for proje ct-level approval from a public agency. As of the date of this letter, the District has not received an AIA application for this Project. Please inform the project proponent to immediately submit an AIA application to the District to comply with District Rule 9510 so that proper mitigation and clean air design under ISR can be incorporated into the Project’s design. One AIA application should be submitted for the entire Project. Information about how to comply with District Rule 9510 can be found online at: https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview San Joaquin Valley Air Pollution Control District Page 6 of 8 District Reference No: 20250115 February 14, 2025 The AIA application form can be found online at: https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview/forms- and-applications/ District staff is available to provide assistance and can be reached by phone at (559) 230-5900 or by email at ISR@valleyair.org. District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants) In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at: https://ww2.valleyair.org/compliance/demolition- renovation/ District Rule 4601 (Architectural Coatings) The Project will be subject to District Rule 4601 since it is expected to utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs. The purpose of this rule is to limit VOC emissions from architectural coatings. In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at: https://ww2.valleyair.org/media/tkgjeusd/rule-4601.pdf District Regulation VIII (Fugitive PM10 Prohibitions) The project proponent may be required to su bmit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities. Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, San Joaquin Valley Air Pollution Control District Page 7 of 8 District Reference No: 20250115 February 14, 2025 Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950. The application for both the Construction Notification and Dust Control Plan can be found online at: https://ww2.valleyair.org/media/fm3jrbsq/dcp-form.docx Information about District Regulation VIII can be found online at: https://ww2.valleyair.org/dustcontrol District Rule 4901 - Wood Burning Fireplaces and Heaters The purpose of this rule is to limit emissions of carbon monoxide and particulate matter from wood burning fireplaces, wood burning heaters, and outdoor wood burning devices. This rule establishes limitations on the installation of new wood burning fireplaces and wood burning heaters. Specifically, at elevations below 3,000 feet in areas with natural gas service, no person shall install a wood burning fireplace, low mass fireplace, masonry heater, or wood burning heater. Information about District Rule 4901 can be found online at: https://ww2.valleyair.org/compliance/residential-wood-smoke-reduction- program/ Other District Rules and Regulations The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). San Joaquin Valley Air Pollution Control District Page 8 of 8 District Reference No: 20250115 February 14, 2025 District Comment Letter The District recommends that a copy of the District’s comments be provided to the Project proponent. If you have any questions or require further information, please contact Matt Crow by e- mail at Matt.Crow@valleyair.org or by phone at (559) 230-5931. Sincerely, Tom Jordan Director of Policy and Government Affairs For: Mark Montelongo Program Manager Plan Review Team Land Management PGEPlanReview@pge.com Pacific Gas and Electric Company P.O. Box 0000 City, State, Zip Code PG&E Gas and Electric Facilities Page 1 Public February 24, 2025 City of Fresno Planning Department 2600 Fresno St Fresno, CA 93721 Re: T-6502 McKinley & Temperance (Blossom View) 7270 E McKinley Avenue, Fresno, CA 93737 Dear Angel Anguiano, Thank you for giving us the opportunity to review the proposed T-6502 McKinley & Temperance (Blossom View) Tentative Map. The installation of new gas and electric facilities and/or relocation of existing PG&E facilities will be performed in accordance with common law or Rules and Tariffs as authorized by the California Public Utilities Commission. Following our review, PG&E recommends the following language be expressly stated for the offer to dedicate Public Utility Easements (PUE): I/We the undersigned, as Owner(s) of the land shown hereon, do hereby state that I/we am/are the only person(s) whose consent is necessary to pass clear title to said land and do hereby consent to the preparation and recordation of this map and offer for dedication and do hereby dedicate for public uses the Public Utility Easements (PUEs) shown on this map for public utility purposes including electric, gas, communication facilities and all other public utility purposes; together with any and all appurtenances thereto, including the right from time to time to trim and to cut down and clear away or otherwise control any trees or brush. The PUEs hereby offered for dedication are to be kept open and free of buildings, structures and wells of any kind. The final map must contain a statement setting forth dedications and offers to dedicate interests in real property for public utility purposes. If the offer of dedication has terminated, or the local agency declines to accept it, the applicant maybe required to provide an easement in gross satisfactory to PG&E. Please note that this is our preliminary review and PG&E reserves the right for future review as needed. Please work with PG&E’s Service Planning department at www.pge.com/cco for additional services you may require, or for any modification and/or relocation requests. If you have any questions regarding our response, please contact me at alexa.boyd@pge.com. Sincerely, PG&E Gas and Electric Facilities Page 2 Public Alexa Boyd Land Management Exhibit N APPLICANT’S NAME: (Submit with Application) 396342.1 THIS FORM IS A PUBLIC RECORD LEVINE ACT DISCLOSURE STATEMENT FOR LICENSES, PERMITS, OR OTHER ENTITLEMENTS FOR USE (DEVELOPMENT) Background: California Government Code § 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any proceeding concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”) if they receive campaign contribution(s) from a Party or Participant to the proceeding, or their Agents, totaling more than $500 in the preceding 12 months. The Levine Act also prohibits City Officers from accepting, soliciting, or directing campaign contributions over $500 from Parties or Participants to a proceeding, or in any amount by their Agents, while a proceeding is pending and for 12 months following the final decision in a proceeding. See definitions of Party, Participant, and Agent in the Definitions attached. Levine Act requirements apply when the City Officer or the body of which they are a member has the authority to make any decision or recommendation in the proceeding . City Officers include City elected or appointed officers, their alternates, and any candidate for elective office. City Officers are listed at the following sites: •City elected officers - https://www.fresno.gov/cityofficials/ •Board members and Commissioners - https://www.fresno.gov/cityclerk/#boards-&- commission- application Parties are responsible for reviewing and disclosing on the record of a proceeding their and their Agent’s campaign contributions to City Officers over $500 in the 12 months preceding any decision rendered by the agency. A “Party” to a proceeding means the applicant as well as the subject of the proceeding. Both the applicant and the subject of a proceeding are required to provide information about campaign contributions to City Officers made by them, their Agents on behalf of them or their organization(s), their organization(s) subject to the proceeding with the City, and any organization they direct or control pursuant to the aggregation rules set forth by FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. When a closed corporation is a Party or Participant to a proceeding subject to the Levine Act, the majority shareholder is subject to the disclosure and prohibition requirements of the Levine Act. DISCLOSURES Applicants and subjects of proceedings are responsible for reviewing the names of the City Officers and aggregation rules linked above prior to making the following disclosures: FOR THE APPLICANT: Have you or your company, or any Agent on behalf of you or your company, or any organization you direct or control, made campaign contributions of more than $500 to a City Officer in the 12 months preceding the date of the submission of your bid or proposal, or the anticipated date of any action by a City Officer related to this proceeding? YES: NO: If yes, please identify the City Officer(s), Contributing Entity and if they are a Party or an Agent, and date(s) of contribution(s) in the spaces below: City Officer(s) Name(s) Contributing Entity Date(s) of Contribution(s) ___________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ APPLICANT’S NAME: (Submit with Application) 396342.1 FOR THE ENTITY OR PERSON THAT IS THE SUBJECT OF PROCEEDING: Have you or your company, or any Agent on behalf of you or your company, or any organization you direct or control, made campaign contributions of more than $500 to a City Officer in the 12 months preceding the date of the submission of your bid or proposal, or the anticipated date of any action by a City Officer related to this proceeding? YES: NO: If yes, please identify the City Officer(s), Contributing Entity and if they are a Party or an Agent, and date(s) of contribution(s) in the spaces below: City Officer(s) Name(s) Contributing Entity Date(s) of Contribution(s) ___________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Answering yes to the question above does not preclude the City of Fresno from awarding a license, permit, or contract or taking any subsequent action related to the proceeding. ENTITY OWNERSHIP To facilitate City Officials’ compliance with the Levine Act, the City requests Parties (both applicants and subjects of the proceeding) disclose the ownership of their companies or entities they control. Applications will not be denied if this information is not provided, but the disclosure above is legally required. Name of Applicant: Address: List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors, and all stockholders owning more than 10% equity interest in corporation: _____________________________________________________________________________ 677 W. Palmdon Dr. #208 Fresno, CA 93704 DYP Blossom View L.P. Jerry De Young, Paula De Young, Jon Ryan De Young, Christopher Brandon De Young, and Shannon Ashley De Young APPLICANT’S NAME: (Submit with Application) 396342.1 Name of the entity or person that is the Subject of Proceeding: Address: List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors, and all stockholders owning more than 10% equity interest in corporation: SIGNATURES I hereby certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Name of Applicant Print Name and Title of Authorized Representative Signature Date _________________________________________________ Name of Entity or Person that is the Subject of the Proceeding Print Name and Title of Authorized Representative Signature Date 677 W. Palmdon Dr. #208 Fresno, CA 93704 Brandon De Young, Executive Vice President July 15, 2025 Brandon De Young, Executive Vice President July 15, 2025 DYP Blossom View L.P. DYP Blossom View L.P. DYP Blossom View L.P. Jerry De Young, Paula De Young, Jon Ryan De Young, Christopher Brandon De Young, and Shannon Ashley De Young APPLICANT’S NAME: (Submit with Application) 396342.1 LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS Term Definition Law Covered Proceedings A license, permit, or other entitlement for use, meaning all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts, and all franchises. Including a proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that does not solely involve purely ministerial decisions and is: (1)Applied for by the party; (2)Formally or informally requested by the party; or (3)A contract between the agency and the party or a franchisee granted by the agency to the party, other than those competitively bid, labor contract, personal employment contract, valued under $50,000, between two or more agencies, where no party receives financial compensation, periodic review of or renewal of a development agreement with no material changes; or a periodic review or renewal of competitively bid contracts (unless material modifications or amendments valued at >10% value of the contract $50,000, whichever is less). FPPC Reg 18438.2(a) Party Any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. Gov. Code 84308(a)(1) Participant Any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency. Gov. Code 84308(a)(2); see also FPPC Reg. 18348.4 Agent A person who represents a party or participant for compensation and appears before or otherwise communicates with the governmental agency for the purpose of influencing the pending proceeding. See FPPC Reg 18438.3 for exceptions for certain consultants. FPPC Reg 18438.3 Competitively Bid Competitively bid contracts are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process. A contract required by law to be awarded to the lowest responsible bidder with a responsive bid, or, if the successful bidder refuses or fails to execute the contract, to the next lowest responsive bidder. Gov. Code 84308(a)(5)(B) ; FPPC Reg 18438.2(a)(3)( A) Labor Contract A contract or agreement reached through collective bargaining or with a representative group regarding the salary, benefits, or terms and conditions under an employment or retirement policy for employees or retirees, including a project labor agreement entered under Public Contract Code Section 2500. FPPC Reg 18438.2(a)(3)( B) Personal Employment Contract A contract for employment, including the terms and conditions of employment, between the agency and an agency employee. A contract with an independent contractor is NOT a personal employment contract. FPPC Reg 18438.2(a )(3)(C)- (D) Additional information on the Levine Act: https://www.fppc.ca.gov/content/dam/fppc/NS- Documents/TAD/Campaign%20Documents/84308/Section%2084308%20and%20Parties%20a nd%20Participants%20Guide.pdf Exhibit O Page 1 of 2 NEIGHBORHOOD MEETING MINUTES Project: Blossom View Date: July 23, 2025 Time: 6:30 PM – 7:30 PM Location: Boris Elementary School – Multi-Purpose Room (MPR) Attendees Representing De Young Properties: • Brandon De Young • Juli Kutka Representing QK (Engineering Firm): • Ernie Escobedo Members of the Public: • Jason Cooper • Harwinder Singh Sidhu, accompanied by three (3) additional individuals Total Public Attendees: 5 residents Resident Questions & Responses 1. Question from Jason Cooper: Asked about the trail and park planned within the Blossom View community. Response: Blossom View is designed with multiple east-west street connections to the existing neighborhood, promoting pedestrian-friendly access between the two communities. A public trail corridor is planned along the western edge of the project, with several homes fronting this open space to create a more active and connected community edge. 2. Follow-up from Jason Cooper: Inquired about a pedestrian bridge connecting the trails. Response: We explained that the pedestrian bridge is a City-led improvement, as discussed in a City meeting held on February 12, 2024. It is part of the City’s long-term regional trail plan and is not included in the Blossom View project scope. 3. Question from Harwinder Singh Sidhu and party: Also inquired about the proposed pedestrian bridge. Page 2 of 2 Response: We provided the same response, confirming the bridge is planned by the City as a future improvement and not part of our development. 4. Additional Question from Harwinder Singh Sidhu: Asked about available floor plans and parcel sizes. Response: We reviewed a visual site map and floor plans that were on display. Mr. Sidhu and his group were walked through the materials, and we discussed the general layout of lots and homes planned for the community. Meeting Concluded: 7:30 PM Exhibit P From: Harwinder Singh Sidhu <harwindersingh289@gmail.com> Sent: Wednesday, July 23, 2025 7:26 PM To: Juli Kutka Subject: Regarding De Young’s Blossom View Project Exhibit Q FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13910 The Fresno City Planning Commission, at its regular meeting on August 6, 2025, adopted the following resolution relating to Annexation Application No. P24-04526. WHEREAS, Annexation Application No. P24-04526 has been filed with the City of Fresno by Ernie Escobedo of QK, Inc., on behalf of Brandon De Young of De Young Properties, pertaining to approximately 39.51 acres of property located on the north side of East McKinley Avenue, between North Temperance and North De Wolf Avenues; and, WHEREAS, Annexation Application No. P24-04526 proposes to initiate annexation proceedings to request a change of organization (“McKinley-Temperance No. 1b Reorganization”) resulting in an annexation to the City of Fresno and detachment from the Kings River Conservation District and the Fresno County Fire Protection District, of certain property consisting of approximately 39.51 acres and hereinafter called the “subject territory;” and, WHEREAS, LAFCO requires that the subject territory be pre-zoned consistent with the City of Fresno General Plan ("General Plan") prior to the initiation of annexation proceeding; and, WHEREAS, it has been determined that pre-zoning approximately 23.56 acres of the subject territory with the RS-4 (Single-Family Residential, Medium Low Density) zone district and approximately 17.6 acres of the subject territory with the OS (Open Space) zone district are consistent with the existing Fresno General Plan land use designations; and, WHEREAS, the annexation will be made pursuant to Part 3 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 contained in Division 3 of Title 5 commencing with Section 56000 of the California Government Code; and, WHEREAS, the Council District 7 Project Review Committee is not active at this time; and, WHEREAS, a description of the boundaries of the subject territory is set forth in Exhibit A; and, WHEREAS, this proposal is within the established sphere of influence of the City of Fresno; and, WHEREAS, the proposed reorganization is uninhabited under the definition of Section 56046 of the California Government Code; and, WHEREAS, municipal services for the subject territory will be provided in a manner described in the Service Delivery Plan pursuant to the requirements set forth in Government Code Section 56653; and, WHEREAS, this proposed reorganization will result in logical growth, the provision of municipal services, and the application of appropriate development standards and controls within the City of Fresno, and implements the Council’s policy to unify the metr opolitan area; and, PLANNING COMMISSION RESOLUTION No. 13910 Annexation Application No. P24-04526 August 6, 2025 Page 2 WHEREAS, on August 6, 2025, the Fresno City Planning Commission conducted a public hearing to review the proposed Annexation Application No. P24-04526, as well as the proposed pre- zoning of the subject property in accordance with Pre-zone Application No. P24-04527 and considered the associated Mitigated Negative Declaration prepared for Environmental Assessment No. T-6502/P24-04526/P24-04527/P25-00027 dated July 16, 2025, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines, received public testimony and considered the Planning and Development Department’s report recommending approval of the proposed annexation application and environmental assessment; and, WHEREAS, the Fresno City Planning Commission has reviewed the environmental assessment prepared for the proposed project, Environmental Assessment No. T-6502/P24-04526/P24- 04527/P25-00027 dated July 16, 2025, for the proposed project pursuant to CEQA Guidelines, and is satisfied that the appropriate measures of development will adequately reduce or alleviate any potential adverse impacts either generated from the proposal, or impacting the proposal from an off-site source, and hereby concurs with the issuance of a Mitigated Negative Declaration; and, WHEREAS, the Fresno City Planning Commission reviewed the subject annexation application in accordance with the land use policies of the Fresno General Plan and McLane Community Plan. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines in accordance with its own independent judgment that there is no substantial evidence in the record to indicate that Annexation Application No. P24-04526 may have a significant effect on the environment as identified by, and evaluated within, the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6502/P24-04526/P24-04527/P25- 00027 dated August 6, 2025 for the proposed project pursuant to CEQA Guidelines. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that Annexation Application No. P24-04526, which proposes to initiate annexation proceedings to request a change of organization (“McKinley-Temperance No. 1b Reorganization”) resulting in an annexation to the City of Fresno and detachment from the Kings River Conservation District and the Fresno County Fire Protection District of the “subject territory;” as depicted by the attached Exhibit “A” and described within staff report to the Planning Commission dated August 6, 2025, be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Calandra, seconded by Commissioner Shergill. VOTING: Ayes - Calandra, Shergill, Bray (Vice Chair), Criner, Vang (Chair) Noes - None Not Voting - None Absent - Diaz, Lyday PLANNING COMMISSION RESOLUTION No. 13910 Annexation Application No. P24-04526 August 6, 2025 Page 3 DATED: August 6, 2025 __________________________________ JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13910 Annexation Application No. P21-05090 Filed by Ernie Escobedo of QK, Inc., on behalf of Brandon De Young of De Young Properties Action: Recommend Approval to the City Council Attachment: Exhibit A PLANNING COMMISSION RESOLUTION No. 13910 Annexation Application No. P24-04526 August 6, 2025 Page 4 Exhibit A Exhibit R FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13911 The Fresno City Planning Commission, at its meeting on August 6, 2025, adopted the following resolution relating to Pre-zone Application No. P24-04527. WHEREAS, Pre-zone Application No. P24-04527 has been filed with the City of Fresno by Ernie Escobedo of QK, Inc., on behalf of Brandon De Young of De Young Properties, for approximately 39.06 acres of property located on the north side of East McKinley Avenue, between North Temperance and North De Wolf Avenue; and, WHEREAS, Pre-zone Application No. P24-04527 proposes to pre-zone: approximately 23.56 acres of the subject property from the Fresno County AE20 (Exclusive Agriculture) zone district to the City of Fresno RS-4 (Single-Family Residential, Medium Low Density) zone district; and, approximately 15.50 acres of the subject property from the Fresno County AE20 (Exclusive Agricultural) zone district to the City of Fresno OS (Open Space) zone district; and, WHEREAS, on August 6, 2025, the Fresno City Planning Commission reviewed the subject pre-zone application in accordance with the policies of the Fresno General Plan and McLane Community Plan; and, WHEREAS, during the August 6, 2025, hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested pre-zoning change; and, WHEREAS, the Commission conducted a public hearing to review the proposed pre-zone and considered the Planning and Development Department’s report recommending approval of the proposed pre-zone application; and, WHEREAS, the Fresno City Planning Commission conside red the proposed pre-zone relative to the staff report and environmental assessment issued for the project; and, WHEREAS, the Council District 7 Project Review Committee is not active at this time; and, WHEREAS, the Fresno City Planning Commission invited testimony with res pect to the proposed pre-zone; and, WHEREAS, no members of the public spoke in opposition or in support of the project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Pre-zone Application No. P24-04527 may have additional significant effects on the environment; and hereby recommends approval to the City Council of the Mitigated PLANNING COMMISSION RESOLUTION No. 13911 Pre-zone Application No. P24-04527 August 6, 2025 Page 2 Negative Declaration prepared for Environmental Assessment No. T-6502/P24- 04526/P24-04527/P25-00027 dated July 16, 2025, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends approval to the City Council of Pre-zone Application No. P24-04527 to pre- zone: approximately 23.56 acres of the subject property from the Fresno County AE20 (Exclusive Agriculture) zone district to the City of Fresno RS-4 (Single-Family Residential, Medium Low Density) zone district; and, approximately 15.5 acres of the subject property from the Fresno County AE20 (Exclusive Agricultural) zone district to the City of Fresno OS (Open Space) zone district, as described and depicted on the attached Exhibit “A”. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Calandra, seconded by Commissioner Shergill. VOTING: Ayes - Calandra, Shergill, Bray (Vice Chair), Criner, Vang (Chair) Noes - None Not Voting - None Absent - Diaz, Lyday DATED: August 6, 2025 _______________________________ JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13911 Pre-zone Application No. P24-04527 Filed by Ernie Escobedo of QK, Inc., on behalf of Brandon De Young of De Young Properties Action: Recommend Approval to the City Council Attachment: Exhibit A PLANNING COMMISSION RESOLUTION No. 13911 Pre-zone Application No. P24-04527 August 6, 2025 Page 3 Exhibit A Exhibit S FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13912 The Fresno City Planning Commission at its regular meeting on August 6, 2025, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, Vesting Tentative Tract Map No. 6502 filed by Ernie Escobedo of QK, Inc., on behalf of Brandon De Young of De Young Properties, proposes to subdivide the subject property into a 119-lot single-family residential subdivision on approximately 23.56 acres, located on the north side of East McKinley Avenue, between North Temperance and North De Wolf Avenues; and, WHEREAS, on August 6, 2025, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested subdivision; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to the conditions of approval contained in the staff report dated August 6, 2025; and, WHEREAS, the Council District 7 Project Review Committee is not active at this time; and, WHEREAS, the Fresno City Planning Commission, on August 6, 2025, reviewed the subject application in accordance with the policies of the Fresno General Plan and the McLane Community Plan; and, WHEREAS, no neighbors spoke in opposition or support of the proposed project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that the vesting tentative tract map may have additional significant effects on the environment as identified by Environmental Assessment No. T-6502/P24-04526/P24- 04527/P25-00027 dated July 16, 2025. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 6502 is consistent with the adopted Fresno General Plan and McLane Community Plan and the findings required pursuant to Section 66410 et. seq. of the California Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends approval of Vesting Tentative Tract Map No. 6502, subject to the Planning and Development Department Conditions of Approval dated August 6, 2025. Planning Commission Resolution No. 13912 Vesting Tentative Tract Map No. 6502 August 6, 2025 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Calandra, seconded by Commissioner Shergill. VOTING: Ayes - Calandra, Shergill, Bray (Vice Chair), Criner, Vang (Chair) Noes - None Not Voting - None Absent - Diaz, Lyday DATED: August 6, 2025 _______________________________ JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13912 Vesting Tentative Tract Map No. 6502 Filed by Ernie Escobedo of QK, Inc., on behalf of Brandon De Young of De Young Properties Action: Recommend Approval to the City Council Exhibit T FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13913 The Fresno City Planning Commission at its regular meeting on August 6, 2025, adopted the following resolution relating to Planned Development Permit Application No. P25- 00027. PLANNED DEVELOPMENT: 119-lot single-family residential development with modified property development standards for lots 92-119, including private streets; a reduction in the minimum lot size, width, and depth; a reduction in the minimum garage, street side yard, and rear yard setbacks; and, an increase in the maximum lot coverage requirement. PROPERTY LOCATION: Located on the north side of East McKinley Avenue, between North Temperance and North De Wolf Avenues. PROPERTY DESCRIPTION: Approximately 23.56 acres (APN: 310-052-27) EXISTING ZONING: RS-4 (Single-Family Residential, Medium Low Density) zone district. WHEREAS, Planned Development Permit Application No. P25-00027 has been filed with the City of Fresno by Ernie Escobedo of QK, Inc., on behalf of Brandon De Young of De Young Properties, for lots 92-119 of Vesting Tentative Tract Map No. 6502 dated June 2, 2025, located on the north side of East McKinley Avenue, between North Temperance and North De Wolf Avenues; and, WHEREAS, Planned Development Permit Application No. P25-00027 seeks authorization to develop a 119-lot single-family residential development with modified property development standards for lots 92-119, to allow for private streets; a reduction in the minimum lot size, width, and depth; a reduction in the minimum garage, street side yard, and rear yard setbacks; and, an increase in the maximum lot coverage requirement ; and, WHEREAS, the Council District 7 Project Review Committee is not active at this time; and, WHEREAS, on August 6, 2025, the Fresno City Planning Commission (“Commission”) reviewed the subject planned development permit application in accordance with the policies of the Fresno General Plan and the McLane Community Plan; and, Planning Commission Resolution No. 13913 Planned Development Permit Application No. P2 5-00027 August 6, 2025 Page 2 WHEREAS, the Commission conducted a public hearing to review the proposed planned development and considered the Planning and Development Department’s report recommending approval of the proposed planned development permit application subject to special permit conditions; and, WHEREAS, the Commission considered the proposed planned development permit application relative to the staff report and environmental assessment issued for the project; and, WHEREAS, the Commission invited testimony with respect to the proposed planned development application; and, WHEREAS, no neighbors spoke in opposition or support of the proposed project . NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that there is no substantial evidence in the record to indicate that the planned development permit application may have a significant effect on the environment as identified by Environmental Assessment No. T-6502/P24-04526/P24-04527/P25-00027 dated July 16, 2025. BE IT FURTHER RESOLVED that the Commission, as a result of its inspections, investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, has established that approval of the special permit would be in accordance with applicable provisions of the Fresno Municipal Code, including the determination that all findings have been made relative to the issuance of a planned development permit application for the proposed project. BE IT FURTHER RESOLVED that the Commission hereby approves Planned Development Permit Application No. P25-00027 authorizing the development of a planned development for lots 92-119 of Vesting Tentative Tract Map No. 6502 dated June 2, 2025, which includes private streets; a reduction in the minimum lot size, width, and depth; a reduction in the minimum garage, street side yard, and rear yard setbacks; and, an increase in the maximum lot coverage requirement, subject to the Planning and Development Department Conditions of Approval dated August 6, 2025. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Calandra, seconded by Commissioner Shergill. VOTING: Ayes - Calandra, Shergill, Bray (Vice Chair), Criner, Vang (Chair) Noes - None Not Voting - None Absent - Diaz, Lyday Planning Commission Resolution No. 13913 Planned Development Permit Application No. P2 5-00027 August 6, 2025 Page 2 DATED: August 6, 2025 _______________________________ JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13913 Planned Development Permit Application No. P25-00027 Filed by Ernie Escobedo of QK, Inc., on behalf of Brandon De Young of De Young Properties Action: Recommend Approval to the City Council Exhibit U Exhibit V CONSIDERATION OF ANNEXATION APPLICATION NO. P24-04526; PRE-ZONE APPLICATION NO. P24-04527; VESTING TENTATIVE TRACT MAP NO. 6502; PLANNED DEVELOPMENT PERMIT NO. P25-00027; AND THE RELATED ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. T-6502/P24-04526/P24-04527/P25-00027 PRESENTATION BY: ROB HOLT, SUPERVISING PLANNER CITY COUNCIL HEARING | AUGUST 14, 2025ID 25-1008 EXISTING GENERAL PLAN MAP CITY COUNCIL AUGUST 14, 2025| ID 25-1008ANNEXATION BOUNDARY T-6502 E MCKINLEY AVEN TEMPERANCE AVE AERIAL MAP ANNEXATION BOUNDARY T-6502 E MCKINLEY AVEN TEMPERANCE AVECITY COUNCIL AUGUST 14, 2025| ID 25-1008 TRACT MAP ANNEXATION PRE-ZONE ±23.56 AC. 119 LOTS 5.05 DU/AC OPEN SPACE TRAIL PLANNED DEVELOPMENT PLAN. COMM. CITY COUNCIL AUGUST 14, 2025| ID 25-1008 TRACT MAP PLANNING COMMISSION AUGUST 6, 2025| ID 25-1007 Exhibit X 1Robert HoltFrom: Jeff Wabbit <dwramming@yahoo.com> Sent: Tuesday, August 5, 2025 4:59 PM To: PublicCommentsPlanning <PublicCommentsPlanning@fresno.gov> Subject: August 6, 2025 Fresno City Planning Commission meeting; Item ID 25-1007 External Email: Use caution with links and attachments To: Fresno City Planning Commission From: Southeast Property Owners, David Ramming, Vice President, 207 N Locan Ave., Fresno, CA 93737 Subject: August 6, 2025, Fresno City Planning Commission meeting; Item ID 25-1007 Dear Commission Members; We are opposed to annexation of land in the Southeast Development Area Specific plan. This annexation of Fresno County AE-20 Exclusive Agriculture to Fresno City RS-4 Single-Family Residential, Medium Low Density in this project, even though it is outside the SEDA plan, is just one more step of converting the existing rural way of life people have chosen to Urban Sprawl. Several reasons against the proposal are: 1. Approval of this item continues the conversion of farmland and by itself does not appear significant, however it contributes to the cumulative impact of the steady erosion and destruction of the most productive farmland in the State that surrounds the City of Fresno. 2. Approval of this item will impact the productive almond and citrus orchards immediately south of the project and McKinley Avenue. The use of crop protective pesticides and wind machin es may be curtailed due to noise, odor or pesticide drift potential. 3. While the former Thompson/Hayward pesticide EPA Superfund Site immediately south of the project has been declared clean removed from the EPA Superfund Site status the California Regional Water Quality Board issued a Clean Letter that restricts the Fresno Metropolitan Flood District from flooding the Red Bank flood control basin. The letter stated that f looding the basin could not result in the groundwater level to rise within 100 feet of the gro und surface. Thank You for considering our concerns. Dr. David Ramming SEPO Vice President City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 25-1017 Agenda Date:8/14/2025 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER K. CLARK, AICP, Director Planning and Development Department BY:ASHLEY ATKINSON, AICP, Assistant Director Planning and Development Department SUBJECT HEARING to consider adoption of a resolution designating a property to the Local Register of Historic Resources. 1. RESOLUTION - Designating the Property Located at 1844 S Cherry Avenue to the Local Register of Historic Resources (Council District 3) RECOMMENDATION The Historic Preservation Commission recommends that the City Council adopt the attached Resolution designating the property located at 1844 S Cherry Avenue to the Local Register of Historic Resources pursuant to Fresno Municipal Code SEC.12-1607 and 12-1609. EXECUTIVE SUMMARY The property located at 1844 S Cherry Ave., specifically the former Rosenberg Brothers and Company fruit packing warehouse and the adjacent former boiler house and machine shop, was evaluated in June 2025 and found eligible for local registration under Fresno Municipal Code Sec. 12 -1607 Criteria a (1) (i), and a (1) (iii). The buildings are associated with significant events in local history, and embody distinctive architectural characteristics of the period. The Historic Preservation Commission (HPC) held a noticed public hearing on June 23, 2025, and recommended listing on the Local Register of Historic Resources. The Commission hereby forwards the nomination to the City Council for consideration. BACKGROUND The subject property was included in a 1978 historic resource survey and evaluated for designation to the Local Register in 1980. Designation to the local register was recommended by the HPC, but was declined by City Council due to the opposition of the property owner. Per the request of the current HPC, properties found to have been considered and rejected for designation will be re- evaluated under current conditions and criteria if an applicant is proposing substantial changes to a property. At this time, the applicant is proposing interior and exterior renovations to the warehouse building under building permit application B25-03423 (the property will continue its previously- approved use as a self-storage facility). In June 2025, an update to the DPR resource inventory form City of Fresno Printed on 8/19/2025Page 1 of 4 powered by Legistar™ 08/14/2025 MOVED TO 09/11/2025 MEETING AT 9:15 A.M. File #:ID 25-1017 Agenda Date:8/14/2025 Agenda #: approved use as a self-storage facility).In June 2025,an update to the DPR resource inventory form was commissioned by the City of Fresno Planning and Development Department and prepared by Karana Hattersley-Drayton. Analysis Fresno was the center of raisin production in California by the late 1800s.A typical packing house employed more than 2,000 people a day;Sanborn Fire Insurance maps for the late 19th and early century Fresno document numerous packing sheds and fruit processing facilities straddling both sides of the Southern Pacific rail corridor (for additional details and sources, see Exhibit A). Rosenberg Brothers was a San Francisco-based dried fruit company founded in 1893 by Max Rosenberg,Abraham Rosenberg,and Adolph Rosenberg to pack and ship California fruit to the east. The company had packing houses in the Santa Clara,Sacramento and San Joaquin Valleys as well as in Oregon, drying and packing a variety of fruits (Exhibit A). In 1918 Rosenberg Brothers and Company constructed a state-of-the-art 3-story packing and processing facility at 1844 S.Cherry Avenue in South Fresno.Constructed adjacent to the massive building was a two-story brick building that served as both a boiler house and machine shop.The new complex was the “largest raisin packing operation in the world in [the]1920s.”The move south to an industrial area of Fresno coincided with their expanding empire (Exhibit A). Both the three-story former warehouse/packing house and adjacent boiler room/machine shop building currently serve as self-storage facilities.The warehouse was evaluated by architect Bill Patnaude in June 1978 as part of the first comprehensive historic resource survey for the City.The building was presented individually to the City Council for the Local Register in 1980 and was denied, due to objections from the owner (Exhibit A). In 2015,the warehouse building was evaluated as part of the City of Fresno's "South Van Ness Industrial District Historic Survey."It found that the Rosenberg Building was eligible for both the California and the Local Registers under Criterion 1 /i and 3/iii as "one of the best remaining examples of a fruit packing facility in the survey area"(Exhibit A).The survey was presented to the HPC and was approved by the Commission in 2015. A comparison between the warehouse building today with the 2015 survey indicates that the building has not had any substantial changes to character defining features.The former Rosenberg Brothers and Company Dried Fruit Packers Building (as it is named on the 1918/48 Sanborn Map),retains sufficient integrity to its period of significance of 1918 to be eligible for both the California Register of Historical Resources as well as the Fresno Official Register of Historic Resources The former boiler room/machine shop was noted in the 2015 survey but was not formerly evaluated. As part of the current revaluation,a Primary and BSO form were prepared for this building,which was constructed in 1918 to provide support services to the adjacent fruit packing warehouse.The building was subdivided to include the boiler house on the west end and machine shop and storage on the east.The entrances and large arched windows have been covered on the exterior but the original multi-pane iron sash windows are still intact,as visible on the interior.The building has exceptional integrity to its period of significance of 1918 and appears to be eligible to both the California Register and the Local Register,individually and/or as a contributor to the Rosenberg Brothers and Company fruit packing warehouse,"the largest raisin packing operation in the world in City of Fresno Printed on 8/19/2025Page 2 of 4 powered by Legistar™ File #:ID 25-1017 Agenda Date:8/14/2025 Agenda #: [the] 1920s” (Exhibit A). To be considered for designation as a local Historic Resource the site must be found by the Commission and Council to meet the following criteria of FMC SEC. 12-1607. - Designation Criteria: (1)It has been in existence more than fifty years,and it possesses aspects of integrity to convey its significance based upon location,design,setting,materials,workmanship,feeling or association, and: (i)It is associated with events that have made a significant contribution to the broad patterns of our history; or (ii)It is associated with the lives of persons significant in our past; or (iii)It embodies the distinctive characteristics of a type,period or method of construction, or represents the work of a master, or possesses high artistic values; or (iv) It has yielded or may be likely to yield, information important in prehistory or history. (2)It has been in existence less than fifty years,it meets the criteria of subdivision (1)of subsection (a)of this section and is of exceptional importance within the appropriate historical context, local, state or national. The property located at 1844 S Cherry Ave.was evaluated as described above and found eligible for local registration under Fresno Municipal Code Sec.12-1607 Criteria a (1)(i),and a (1)(iii), specifically the former Rosenberg Brothers and Company fruit packing warehouse and the adjacent former boiler house and machine shop. At the time of this report,the property owner's support of or objection to the nomination was uncertain. FRESNO MUNICIPAL CODE FINDINGS The warehouse located at 1844 S Cherry Ave meets the criteria a (1)(i),and a (1)(iii)for historic designation under the Fresno Municipal Code Sec. 12-1607. ENVIRONMENTAL FINDINGS The designation is not a project for the purposes of the California Environmental Quality Act (CEQA), as it will not result in a direct or indirect change in the environment. LOCAL PREFERENCE N/A FISCAL IMPACT There is no impact beyond the expenditure of staff time. CONCLUSION Staff recommends that the City Council adopt the attached Resolution designating the property located at 1844 S Cherry Avenue to the Local Register of Historic Resources pursuant to Fresno Municipal Code SEC.12-1607 and 12-1609. City of Fresno Printed on 8/19/2025Page 3 of 4 powered by Legistar™ File #:ID 25-1017 Agenda Date:8/14/2025 Agenda #: Attachments: Exhibit A - DPR Inventory Forms (1978 and 2025) Exhibit B - Notice of Public Hearing Exhibit C - Fresno Municipal Code Designation Criteria & Process Exhibit D - Resolution City of Fresno Printed on 8/19/2025Page 4 of 4 powered by Legistar™ CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING LOCAL REGISTER OF HISTORIC RESOURCES NOMINATION NOTE: This public hearing notice is being mailed to surrounding property owners within 2,000 feet of the project site pursuant to the requirements of Fresno Municipal Code (FMC) Section 12-1617. NOTICE IS HEREBY GIVEN that the Fresno City Historic Preservation Commission, in accordance with the procedures of Article 16, Chapter 12, of the FMC, will conduct a public hearing to consider and make a determination on the following application, located at APN 46702014 (including but not limited to 1844 S Cherry Ave.) in Fresno. 1. Local Register of Historic Resources Nomination: Requests authorization to designate the property located at 1844 S Cherry Ave.(APN46702014) to Fresno’s Local Register of Historic Resources and the Adoption of the findings necessary to support recommendation, pursuant to FMC 12-1609. FRESNO CITY COUNCIL Regular Meeting Date: July 17, 2025 Time: 9:15 a.m., or thereafter Place: City Hall, Council Chambers 2600 Fresno Street, Fresno, CA 93721; *The above documents are available for public review via e-mail (noted below) and within the upcoming City Council agenda. Any interested person may appear in-person at the public hearing in Council Chambers at City Hall. Additionally, you may watch the meeting electronically during the public hearing by instructions provided on the City Council Agenda. Written testimony can be submitted via email to PublicCommentsPlanning@fresno.gov, in favor or against the project proposal. If you challenge the above applications in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or Historic Preservation Commission at, or prior to, the public hearing. For additional information regarding this project, contact Historic Preservation, Planning and Development Department, 2600 Fresno Street, Fresno, California 93721-3604, by phone at (559) 621-8439 or via e-mail at Historic.Preservation@fresno.gov. Si necesita información en español, comuníquese con Juan Reynaga al teléfono (559) 621-8182 o por correo electrónico a Juan.Reynaga@fresno.gov. El objetivo de la Ciudad de Fresno es en cumplir con la Ley de Estadounidenses con Discapacidades (ADA). Cualquier persona que requiera adaptaciones razonables de la ADA, incluyendo intérpretes de lenguaje, de señas, y otras adaptaciones razonables como traducción de idiomas, debe comunicarse con la oficina de la Secretaria Municipal al (559) 621-7650 o clerk@fresno.gov para ayudar a garantizar la disponibilidad de estos servicios. Se recomienda realizar su solicitud con un mínimo de 48 horas de antelación a la reunión prevista. Jennifer K. Clark, AICP, Director Assessor’s Parcel No. 46702014 SEE MAP ON REVERSE SIDE Dated: June 30, 2025 PLANNING AND DEVELOPMENT DEPARTMENT HISTORIC PRESERVATION 2600 FRESNO ST, RM 3065 FRESNO, CA 93721-3604 THIS IS A LEGAL NOTICE REGARDING APN: 46702014 Local Register of Historic Resources Nomination VICINITY MAP LEGEND SUBJECT PROPERTY Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 · Fax (559) 498-1026 (a) (1) (i) (ii) (iii) (iv) (2) (b) (1) (2) (3) (4) (5) (6) SEC. 12-1607. - DESIGNATION CRITERIA. HISTORIC RESOURCES: Any building, structure, object or site may be designated as an Historic Resource if it is found by the Commission and Council to meet the following criteria: It has been in existence more than fifty years and it possesses aspects of integrity to convey its significance based upon location, design, setting, materials, workmanship, feeling or association, and: It is associated with events that have made a significant contribution to the broad patterns of our history; or It is associated with the lives of persons significant in our past; or It embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values; or It has yielded or may be likely to yield, information important in prehistory or history. It has been in existence less than fifty years, it meets the criteria of subdivision (1) of subsection (a) of this section and is of exceptional importance within the appropriate historical context, local, state or national. LOCAL HISTORIC DISTRICTS: Any finite group of resources (buildings, structures, objects or sites) may be designated as a Local Historic District if it meets the definition set forth in Section 12-1602(s) of this article, its designation is consented to by the majority of the property owners within the Local Historic District, at least fifty percent of the resources within the proposed Local Historic District are fifty years of age or older, and it is found by the Commission and Council to meet one or more of the following criteria: It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, or architectural heritage, or It is identified with a person or group that contributed significantly to the culture and development of the city, or It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship, or Structures within the area exemplify a particular architectural style or way of life important to the city, or The area is related to a designated historic resource or district in such a way that its preservation is essential to the integrity of the designated resource or Local Historic District, or The area has potential for yielding information of archaeological interest. (c) (d) (e) NATIONAL REGISTER HISTORIC DISTRICTS: The nomination of any finite group of resources (buildings, structures, objects or sites), including any Local Historic District, to the National Register of Historic Places as a National Register Historic District may be recommended under this article if it meets the definition set forth in Section 12-1602(u) of this article, meets the criteria set forth in subsection (a) of this section, and if the nomination is supported by more than fifty percent of the property owners within the proposed National Register Historic District. HERITAGE PROPERTIES: Any building, structure, object or site may be designated as a Heritage Property if it is found by the Commission to be worthy of preservation because of its historical, architectural or aesthetic merit. CONTRIBUTORS TO HISTORIC DISTRICTS: Any building, structure, object or site may be designated as Contributor to a Local Historic District or a proposed National Register Historic District if it contributes to the significance of the specific Historic District under the criteria set forth above in this section. (Added Ord. 99-50, §§ 1, 2, 9-9-99; Am. Ord. 2021-044, § 3, eff. 11-22-21). SEC. 12-1608. - DESIGNATION PROCESS. Buildings, structures, objects, sites and districts may be considered for designation as Historic Resources, Historic Districts or Heritage Properties under this article as set forth in sections 12-1608, 12-1609, 12-1610 and 12-1611. (Added Ord. 99-50, §§ 1, 2, 9-9-99). City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 25-1026 Agenda Date:8/14/2025 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department THROUGH:ASHLEY ATKINSON, Assistant Director Planning and Development Department PHILLIP SIEGRIST, Planning Manager Planning and Development Department BY:JUAN LARA, Planner III Planning and Development Department SUBJECT HEARING to Consider Annexation Application No. P21-05778; Pre-zone Application No. P21-05870; Development Permit Application No. P23-00149; and related Environmental Assessment No. P21- 05778/P21-05870/P23-00149 for ±80.91 acres of property located on the west side of South Cherry Avenue between East North and East Central Avenues (Council District 3) 1. ADOPT - Mitigated Negative Declaration prepared for Environmental Assessment No. P21- 05778/P21-05870/P23-00149 dated May 22, 2025, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. 2. RESOLUTION - Approving Annexation Application No. P21-05778 (for the North-Cherry No. 3b Reorganization) proposing detachment from the Kings River Conservation District and Fresno County Fire Protection District and annexation to the City of Fresno. 3. BILL - (for Introduction and Adoption) - Approving Pre-zone Application No. P21-05870, requesting authorization to amend the Official Zoning Map of the City of Fresno to pre-zone the subject property from the Fresno County AL 20 (Limited Agricultural) zone district (±51.72 acres) to the City of Fresno IH (Heavy Industrial) zone district ( ±15.95 acres) and ; and City of Fresno IH/ANX (Heavy Industrial/Annexed Rural Residential Transitional Overly) zone district (±35.77 acres). 4. APPROVE - Development Permit Application No. P23-00149, requesting authorization to construct a long-term regional facility for the purpose of providing less-than-truckload freight services, subject to compliance with the Conditions of Approval dated June 18, 2025, and contingent upon approval of Annexation No. P21-05778, Pre-zone Application No. P21-05870 and the related environmental assessment. RECOMMENDATION 1. ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No. P21- 05778/P21-05870/P23-00149 dated May 22, 2025, for the proposed project pursuant to City of Fresno Printed on 8/19/2025Page 1 of 11 powered by Legistar™ 08/14/2025 MOVED TO 09/25/2025 MEETING AT 9:20 A.M. File #:ID 25-1026 Agenda Date:8/14/2025 Agenda #: 05778/P21-05870/P23-00149 dated May 22,2025,for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. 2.ADOPT RESOLUTION approving Annexation Application No.P21-05778 (for the North-Cherry No.3b Reorganization)proposing detachment from the Kings River Conservation District and Fresno County Fire Protection District and annexation to the City of Fresno. 3.INTRODUCE AND ADOPT BILL approving Pre-zone Application No.P21-05870,requesting authorization to amend the Official Zoning Map of the City of Fresno to pre-zone the subject property from the Fresno County AL 20 (Limited Agricultural)zone district (±51.72 acres)to the City of Fresno IH (Heavy Industrial)zone district (±15.95 acres)and ;and City of Fresno IH/ANX (Heavy Industrial/Annexed Rural Residential Transitional Overly)zone district (±35.77 acres). 4.APPROVE Development Permit Application No.P23-00149,requesting authorization to construct a long-term regional facility for the purpose of providing less-than-truckload freight services,subject to compliance with the Conditions of Approval dated June 18,2025,and contingent upon approval of Annexation No.P21-05778,Pre-zone Application No.P21-05870 and the related environmental assessment. EXECUTIVE SUMMARY Bonique Emerson of Precision Civil Engineering,on behalf of Daniel Onifer of Crown Enterprises, has filed Annexation Application No.P21-05778,Pre-zone Application No.P21-05870,and Development Permit Application No.P23-00149 pertaining to approximately 80.91 acres of property located on the west side of South Cherry Avenue between East North and East Central Avenues. Annexation Application No.P21-05778 (for the North-Cherry No.3b Reorganization)proposes detachment from the Kings River Conservation District and Fresno County Fire Protection District and annexation to the City of Fresno of approximately 80.91 acres. The pre-zone application proposes to amend the Official Zoning Map of the City of Fresno to pre- zone the subject property from the Fresno County AL 20 (Limited Agricultural)zone district (±51.72 acres)to the City of Fresno IH (Heavy Industrial)zone district (±15.95 acres);and City of Fresno IH/ANX (Heavy Industrial/Annexed Rural Residential Transitional Overly)zone district (±35.77 acres) in accordance with the Annexation Application. Related Development Permit Application No.P23-00149 requests authorization to construct a long- term regional facility for the purpose of providing less-than-truckload (LTL)freight services on a 15.22 -acre portion of the 80.91-acre annexation area. Fresno City Planning Commission Action On June 18,2025,the Planning Commission considered the item.After a complete hearing,the Planning Commission voted and recommended that the City Council approve the annexation,pre- zone,Development Permit and related environmental assessment with the recommendation that the applicant meet with the Orange Center Elementary School and address environmental impact issues. The Planning Commission Resolutions (Exhibits Q, R and S) are attached for more information. BACKGROUND Annexation Application No.P21-05778,Pre-zone Application No.P21-05870,and DevelopmentCity of Fresno Printed on 8/19/2025Page 2 of 11 powered by Legistar™ File #:ID 25-1026 Agenda Date:8/14/2025 Agenda #: Annexation Application No.P21-05778,Pre-zone Application No.P21-05870,and Development Permit Application No.P23-00149 were filed by Bonique Emerson of Precision Civil Engineering, Inc.,on behalf of Daniel Onifer of Crown Enterprises pertaining to approximately 80.91 acres of property on the west side of South Cherry Avenue between East North and East Central Avenues. Annexation Proposal and ANX Overlay District The subject properties are located in the County of Fresno,but within the City of Fresno’s Sphere of Influence (SOI).The SOI is a boundary for land that is expected to be annexed by the city as development is proposed,but until then remains under the jurisdiction of the County of Fresno.The proposed zone district will take effect once the annexation is approved by the Local Agency Formation Commission (LAFCO) of Fresno. The annexation proposal (approximately 80.91 acres in gross area)includes an additional thirteen (13)properties north and three (3)properties south to the subject property proposed for development.The adjacent properties are a combination of agricultural,rural residential,public facilities,diesel engine repair,industrial,and vacant properties.The annexation will also include a portion of Highway 41 to the west. Staff from the Planning and Development Department met with representatives from the Fresno County Local Agency Formation Commission (LAFCO)and County Public Works and Planning Department (County).Both LAFCO and the County recommended the entirety of the subject property be annexed into the City’s limits in order to produce a logical and orderly boundary and to avoid the creation of a peninsula.By including these properties,the proposed annexation is consistent with the Fresno General Plan and the associated Memorandum of Understanding (MOU). The City of Fresno ANX (Annexed Rural Residential Transitional Overlay)zone district will be applied to all properties within the proposed annexation boundary outside of the development proposal area. Pursuant to Fresno Municipal Code (FMC)Section 15-1606(B)(1)(b),the ANX overlay district allows for the continued use of properties at the time of annexation to the city so long as the existing use(s) have been lawfully allowed by the County at the time immediately preceding the annexation,subject provisions of FMC Chapter 15, Article 4 (Non-Conforming Uses, Structures, Site Features, and Lots). Surrounding Property Information The project site is currently vacant and is located within the South Industrial Priority area,which is identified in Figure IM-1 of the Fresno General Plan (Exhibit M).The subject properties are in an area generally characterized by agricultural and rural residential properties (east),public facilities, diesel engine repair,and industrial uses (north),auto repair,Orange Center Elementary School,and vacant properties (south),and Highway 41 (west).Furthermore,surrounding properties are all planned for Employment -Heavy Industrial land uses.Additional surrounding property information including the planned land use designations can be found in Exhibit D. Project Description The proposed business,Central Transport,previously operated from a ±1.99-acre site located approximately ±1.62 mile east of the subject property near East Muscat and South Cedar Avenues; however,the site was purchased by the California Department of Transportation to develop a portion of the High Speed Rail project.Central Transport is currently operating from a ±4.49-acre leased site which is located approximately ±1.65 miles north of the subject property at the southwest corner of City of Fresno Printed on 8/19/2025Page 3 of 11 powered by Legistar™ File #:ID 25-1026 Agenda Date:8/14/2025 Agenda #: which is located approximately ±1.65 miles north of the subject property at the southwest corner of Church and Cherry.The applicant is proposing to relocate to the subject ±15.22-acres property on the west side of South Cherry Avenue between East North and East Central Avenues. The project proposes a long-term regional facility for the purpose of providing less-than-truckload (LTL)freight services.The facility will also include a ±3,200 square foot administrative office, ±68,570 square foot cross-dock transfer platform,±11,880 square foot fleet maintenance shop,a diesel fuel system for fleet equipment,and ±3,494 square foot office.In addition,on-and off-site improvements are proposed including,but not limited to,three (3)points of vehicular ingress and egress along South Cherry Avenue;curbs,gutters,and sidewalks;landscaping;and employee and truck parking.All trucks will enter and exit the site only from two (2)of the three (3)drive approaches along South Cherry Avenue. The proposed facility will operate 24 hours per day,Monday through Friday.Operations will occur on Saturdays only from night drivers arriving prior to 7:00 a.m.from their departure on Friday. Approximately 70 to 80 employees are projected to work at the facility. Truck trips associated with the proposed facility will consist of shipping and receiving activities during hours of operation.In total,the Project anticipates ±84 truck trips per day and ±120 passenger vehicle trips per day.Truck unloading is proposed along the east side and loading is proposed along the west side of the proposed dock at the center of the project site,accessible by drive aisles located adjacent to the dock.Tractor trailers on site during loading and unloading will not be permitted to idle their engines. Land Use and Zoning The Fresno General Plan and North Avenue Industrial Triangle Specific Plan designate the property for heavy industrial (IH)land uses.Pursuant to FMC Table 15-1302,Indoor Warehousing,Storage, and Distribution and Freight/Truck Terminals and Warehouse uses are permitted in the IH zone district with an approved Development Permit and not subject to specific limitations or additional regulations for special uses pursuant to FMC Article 27. Given the conditions of approval,the project will meet all the provisions of the FMC and will comply with all applicable design guidelines of the IH zone district including,but not limited to,setbacks, building size and massing,outdoor storage,screening,parking,open space,pedestrian access, sidewalks, and façade design. Assembly Bill (AB) 98 (Restrictions on Logistics Uses) This project has been determined to be exempt from AB 98,which was signed into law by Governor Gavin Newsome on September 29,2024.AB 98 imposes standards relating to warehouse design, location,parking,truck loading bays,landscaping buffers,entry gates,and signage.The requirements that would apply to a project depend on the presence of sensitive receptors,the size of the project,and the existing zoning.AB 98 broadly applies to all new development of logistics uses, and expansions of 20%or more,unless an exception applies.AB 98 defines a logistics use as “a building in which cargo,goods,or products are moved or stored for later distribution to business or retail customers,or both,that does not predominately serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products.” City of Fresno Printed on 8/19/2025Page 4 of 11 powered by Legistar™ File #:ID 25-1026 Agenda Date:8/14/2025 Agenda #: Projects that meet the definition of a “logistics use”are exempted from AB 98’s requirements in any of the following situations: ·Projects that were approved by a local agency prior to AB 98’s effective date of January 1, 2026; ·Projects subject to a commenced local entitlement process prior to September 30, 2024; or ·Mixed-use developments that may create sensitive receptors on the site of the new logistics use provided there are not existing sensitive receptors within 900 feet of a loading bay. The City of Fresno accepted the project applications on January 20,2023,which commenced a local entitlement process that occurred prior to September 30,2024;therefore,the project is exempt from the provisions of AB 98. ANALYSIS Traffic & Circulation The project site has one existing street frontage,South Cherry Avenue,to the east.East North Avenue is located 0.25 miles to the north and East Central Avenue is located 0.65 miles to the south. The Fresno General Plan Circulation Element designates South Cherry Avenue as a two-lane collector street.At present,no bicycle facilities or pedestrian facilities serve the project site.The project will include frontage improvements (i.e.,curb,gutter,and sidewalk)along South Cherry Avenue.Fresno Area Express (FAX)Bus Route 34 serves the project site with the nearest bus stop across the street ±125 feet away from the project site. According to the City of Fresno Designated Truck Routes figure (Exhibit L),East North Avenue, between State Route 41 and Highway 99,is a designated truck route.In addition,a 0.36-mile segment of South Cherry Avenue,south of East North Avenue,is designated as a truck route.The remaining 0.64-mile segment of South Cherry Avenue,to East Central Avenue,is identified as a planned truck route.East Central Avenue,between State Route 41 and Highway 99,is also identified as a planned truck route. Trucks will enter and exit from two (2)proposed drive approaches along South Cherry Avenue,and employees and guests will enter from a separate third drive approach along the southern end of the site.To ensure the project and associated Truck traffic will operate in a manner that is consistent with the City of Fresno Designated Truck Routes,truck traffic coming to the site is required to travel southbound along South Cherry Avenue,only from East North Avenue,and enter and exit from the two (2)northern-most drive approaches.Truck traffic leaving the site is required to travel northbound along South Cherry Avenue to East North Avenue only.Truck trips will be prohibited from going to and from the site from the south.Compliance with the Designated Truck Routes figure will reduce impacts on nearby residential and educational uses to the south by prohibiting truck traffic associated with this project from passing by their respective properties. Pursuant to Figure MT-4 of the Fresno General Plan,the proposed project is located within Traffic Impact Zone IV (TIZ-IV),which represents the southern employment areas planned by the City.The threshold established by the Fresno General Plan in TIZ-IV is a peak hour Level of Service (LOS) City of Fresno Printed on 8/19/2025Page 5 of 11 powered by Legistar™ File #:ID 25-1026 Agenda Date:8/14/2025 Agenda #: threshold established by the Fresno General Plan in TIZ-IV is a peak hour Level of Service (LOS) standard of E or better for all intersections and roadway segments.Furthermore,a Traffic Impact Study (TIS)would be required for all development projected to generate 200 or more peak hour new vehicle trips. The projected Trip Generation based on operational data for the proposed project consists of 180 total daily passenger car trips and 126 total daily truck trips.The highest peak AM or PM hour trip generation is 87 trips.Although the highest peak hour trip generation is less than 200 peak hour new vehicle trips, the project includes a Pre-zone which requires a TIS to be completed. A TIS was prepared for the project and is included as Appendix D of the related environmental assessment (Exhibit N).Central Transport’s activities at this site will involve the unloading and transfer of incoming freight from trailers coming to the facility,and direct loading to trailers which will travel outbound to their destination.No outside storage of material will be required with this operation. Air Quality and Greenhouse Gas Emissions An Air Quality and Greenhouse analysis Technical Memorandum was prepared by Johnson Johnson and Miller Air Quality Consulting Service and included in the Environmental Assessment prepared for this project. The air quality analysis concluded that the Project would not exceed the San Joaquin Valley Air Pollution Control District (SJVAPCD)regional thresholds of significance for any pollutant of concern and would be considered consistent with the existing Air Quality Plans.The Project would comply with all applicable California Air Resources Board and SJVAPCD rules and regulations.Therefore, the Project complies with this criterion and would not conflict with or obstruct implementation of the applicable air quality attainment plan with regards to this criterion. Noise Fleet Maintenance Shop The Project will include a fleet maintenance facility,to be located along the northern portion of the Project site.Sensitive receptors are located within ¼mile of the Project site,with residences to the south and southeast.There are no additional sensitive receptors (schools,hospitals,convalescent facilities,or others)within this ¼mile;however,it should be noted that there is an elementary school 0.27 miles to the southeast (Orange Center Elementary). The City’s maximum daytime noise level standard is 70 dB and maximum nighttime noise level standard is 60 dB.Considering the standard rate of attenuation of noise with increased distance from a point source (6 dB/doubling of distance),noise levels would not exceed 60 dB at setback distances of 250 feet or greater from the source.The proposed fleet maintenance shop would not be located within 250 feet of any noise ‐ sensitive receptor locations.As such,noise levels associated with the proposed fleet maintenance would not be expected to result in noise levels exceeding any City of Fresno noise level standards.It should be noted,the noise levels described in the Acoustical Analysis were measured outdoors,with no acoustic shielding.Fleet maintenance activities would likely occur indoors,where noise would be attenuated by the building itself.Therefore,the fleet maintenance City of Fresno Printed on 8/19/2025Page 6 of 11 powered by Legistar™ File #:ID 25-1026 Agenda Date:8/14/2025 Agenda #: indoors,where noise would be attenuated by the building itself.Therefore,the fleet maintenance shop noise levels should be considered a worst ‐ case assessment of noise levels associated with the fleet maintenance shop. Truck Movements The Project will include a cross ‐ dock transfer platform for loading/unloading,as well truck and trailer parking.Trucks would enter and exit the project site via South Cherry Avenue.The facility will be accessible 24 hours per day, Monday through Friday, as well as Saturday mornings. Noise associated with truck movements is generally limited to noise associated with on ‐ site vehicle movements as well as the release of air brakes.The closest sensitive receptors are the residential land uses located at a distance of approximately 350 feet to the south/southeast.At this distance, noise levels associated with truck movements would be in the range of approximately 44 ‐ 60 dB and noise levels associated with the release of air brakes would be in the range of approximately 61 ‐ 63 dB. The City of Fresno maximum (Lmax)noise level standard is 70 dB during the daytime hours (7:00 a.m.to 10:00 p.m.)and 60 dB during the nighttime hours (10:00 p.m.to 7:00 a.m.).However,the City of Fresno Municipal Code states that the standards of the noise ordinance may be adjusted upward (made less restrictive)if existing ambient noise levels without the source of concern already exceed the noise ordinance standards.The municipal code states that,in such situations,the applicable noise standard becomes the existing ambient noise level,plus 5 dB.Measured noise levels in the Project vicinity (Table IV,Appendix D)indicate that maximum nighttime noise levels averaged approximately 80 dB.Therefore,noise levels associated with truck movement activities would not exceed City of Fresno daytime or nighttime noise level standards. Loading Dock Activities The Project will include cross ‐ dock loading platforms,where materials would be unloaded and loaded into truck trailers for transport.Noise sources typically associated with loading dock activities include truck engines,the operation of truck ‐ mounted refrigeration units,forklifts,the banging of hand carts and roll ‐ up doors, noise from PA systems, and the voices of truck drivers and store employees. Loading dock noise levels are be expected to be in the range of approximately 65 to 83 dBA at a distance of 50 feet.The closest existing sensitive receptors are the residential land at distances of approximately 700 feet to the south/southeast.At such distances,noise levels associated with loading dock activities would be in the range of approximately 42 ‐ 60 dB.Such levels do not exceed applicable City of Fresno daytime or nighttime noise level standards. Noise Summary Ambient noise levels measured in the Project vicinity indicate that existing ambient noise levels are already relatively high,as a result of vehicle traffic along South Cherry Avenue,East North Avenue, SR 41 as well as existing industrial land uses in the Project vicinity.The noise level measurement data (as analyzed in Appendix D)demonstrate that the Project is not expected to exceed any applicable daytime or nighttime City of Fresno noise level standards at nearby sensitive receptor locations.This determination considers the existing elevated ambient noise levels measured near City of Fresno Printed on 8/19/2025Page 7 of 11 powered by Legistar™ File #:ID 25-1026 Agenda Date:8/14/2025 Agenda #: locations.This determination considers the existing elevated ambient noise levels measured near these residential land uses.Noise levels associated with all Project operations are projected be below existing ambient noise levels measured in the Project vicinity,and mitigation measures are therefore not required for Project noise compliance. Public Services Sewer The nearest sanitary sewer main to serve the proposed project is a 12-inch sewer main in South Cherry Avenue.The applicant will be required to install sewer house branches to the property, abandon any existing on-site private septic systems,and pay applicable sewer connection charges and fees. Water The nearest water main to serve the proposed project is an existing 14-inch water main located in South Cherry Avenue. Water facilities are available to provide service to the site. Fresno Metropolitan Flood Control District The subject property is located in the Fresno Metropolitan Flood Control District’s (FMFCD)Drainage Area “AV.”The FMFCD has indicated that the project site is not located within a flood prone area. Permanent drainage services are currently not available for the project site.As such,the FMFCD recommends temporary facilities be provided on-site until permanent service is available.The cost of the Master Plan facilities is to be paid through the collection of drainage fees calculated from these land uses.Drainage from the site shall be directed to a required storm drain inlet that shall be constructed at the northwest corner of the site.A minimum 20-foot storm drain easement is required for the construction of a 30-inch storm drainpipe to be located along the entirety of the western property line. Fire The City of Fresno Fire Department reviewed the proposed project and has determined that adequate Fire service will be available subject to future requirements for development which will include installation of public fire hydrants and the provision of adequate fire apparatus access to the buildings on site. Review for compliance with fire and life safety requirements for the interior of proposed buildings and the intended use are reviewed by both the Fire Department and the Building and Safety Services Division of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code. Other Agencies All comments received from the applicable agencies have been incorporated into the conditions of approval for Development Permit Application No.P23-00149.The project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval (Exhibit K). City of Fresno Printed on 8/19/2025Page 8 of 11 powered by Legistar™ File #:ID 25-1026 Agenda Date:8/14/2025 Agenda #: Fresno Municipal Code Given the conditions of approval,Development Permit Application No.P23-00149 will meet all of the provisions of the FMC,including,but not limited to,setbacks,parking,landscaping,and connectivity, and will comply with all applicable design guidelines and development standards for General Industrial uses in the IH (Heavy Industrial) zone district. Public Notice and Input Neighborhood Meeting Prior to submitting the proposed project,the applicant held a virtual neighborhood meeting on February 18,2021,in accordance with FMC Sections 15-5805 and 15-5006.The applicant mailed notices to property owners within 1,000 feet (FMC requires a minimum of 500 feet)of the subject property.The applicant prepared and presented an overview of the project,including the annexation boundary and exhibits of the proposed development.Thirteen participants attended the meeting, including three representatives from the applicant.A summary of the meeting is attached as Exhibit J. Council District Project Review Committee On April 27,2021,the applicant attended a Council District 3 project review committee prior to formally submitting the subject applications to present project details with the committee members and receive initial feedback. On March 28,2023,the Council District 3 Project Review Committee considered the project and did not recommend approval.The committee requested to review the environmental analysis of the project's impact on the nearby school and general area,and requested better stakeholder engagement.A meeting with stakeholders to discuss the project had previously been held on July 8, 2021. Stakeholder Meeting On July 8,2021,the applicant attended a virtual meeting with community stakeholders including Leadership Counsel for Justice and Accountability,Building Healthy Communities,Orange Center Elementary School,and nearby residents.According to the meeting summary provided by the applicant (Exhibit J),most of the discussion centered around the annexation process and requirements as well as the environmental assessment and public health concerns. Notice of City Council Hearing The Planning and Development Department mailed notices of this City Council hearing to all surrounding property owners and occupants within 1,000 feet of the subject property,pursuant to FMC Section 15-5007 (Exhibit E). ENVIRONMENTAL FINDINGS An initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA).This process included the distribution of requests for comment City of Fresno Printed on 8/19/2025Page 9 of 11 powered by Legistar™ File #:ID 25-1026 Agenda Date:8/14/2025 Agenda #: Environmental Quality Act (CEQA).This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the initial study necessitated a thorough review of the proposed project and relevant environmental issues.These environmental and technical studies examined projected sewage generation rates of planned urban uses;the capacity of existing sanitary sewer collection and treatment facilities;optimum alternatives for increasing capacities;groundwater aquifer resource conditions;water supply production and distribution system capacities;and the traffic carrying capacity of the planned major street system. Mitigation measures have been applied to ensure that the project will not cause significant adverse cumulative impacts,growth inducing impacts,or irreversible significant effects.Additionally,staff has determined that no substantial changes have occurred and that no new information has become available pursuant to the Public Resources Code,Section 21157.6(b)(1).Therefore,it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate,in accordance with the provisions of CEQA Guidelines Sections 21157.5(a)(2) and 15178(b)(1) and (2). Based upon the attached initial study and mitigation monitoring and reporting program,staff has determined that there is no evidence in the record that the project would have a significant effect on the environment and has prepared a Mitigated Negative Declaration for this project.A public notice of the Mitigated Negative Declaration for Environmental Assessment Application No.P21-05778/P21- 05870/P23-00149 (Exhibit N)was published in the Fresno Bee on May 23,2025,with no comments received to date. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications,Staff concludes that the required findings contained within FMC Sections 15-5206,15-6103,and 15-6104 et seq.can be made.These findings are attached as Exhibit O. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan,and the Fresno County Airport Land Use Compatibility Plan;its compatibility with surrounding existing or proposed uses;and its avoidance or mitigation of potentially significant adverse environmental impacts.These factors have been evaluated as described above and by the accompanying environmental assessment and exhibits.Staff concludes that the required findings contained within FMC Sections 15-5206,15-6103,and 15-6104 et seq.can be made.Based upon this evaluation,it can be concluded that the proposed project is appropriate for the project site. LOCAL PREFERENCE Local preference was not considered because this project does not include a bid or award of a construction or service contract. City of Fresno Printed on 8/19/2025Page 10 of 11 powered by Legistar™ File #:ID 25-1026 Agenda Date:8/14/2025 Agenda #: FISCAL IMPACT There is no fiscal impact associated with this action. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Map Exhibit C - Fresno General Plan Land Use & Zoning Map Exhibit D - Project Information Tables Exhibit E - Public Hearing Notice Radius Map (1,000 feet) Exhibit F - Proposed Pre-Zone Exhibit Exhibit G - Proposed Annexation Exhibit Exhibit H - Operational Statement [3-2-2023] Exhibit I - Exhibits (Site Plan, Elevations, Floor Plan, & Landscape Plan) [4-5-2025] Exhibit J - Neighborhood Meeting Information Exhibit K -Conditions of Approval [6-18-2025]&Comments &Requirements from Responsible Agencies Exhibit L - City of Fresno Designated Truck Routes Figure Exhibit M - Figure IM-1 of the Fresno General Plan Exhibit N - Environmental Assessment No. P21-05778/P21-05870/P23-00149 [5-22-2025] Exhibit O - Fresno Municipal Code Findings Exhibit P - Public Comment Received Exhibit Q - Planning Commission Resolution No.13902 (Annexation Application No. P21-05778) Exhibit R - Planning Commission Resolution No.13903 (Pre-zone Application No. P21-05870) Exhibit S -Planning Commission Resolution No.13904 (Development Permit Application No.P23- 00149) Exhibit T - City Council Ordinance Bill for Pre-zone Application No. P21-05870 Exhibit U - City Council Resolution for Annexation Application No. P21-05778 Exhibit V - Levine Act Disclosure Form Exhibit W - City Council Hearing PowerPoint Presentation City of Fresno Printed on 8/19/2025Page 11 of 11 powered by Legistar™ Exhibit A VICINITY MAP LEGEND Annexation boundary ±80.91 acres Pre-zone Boundary ±51.72 acres Development Boundary ±15.95 acres Exhibit B AERIAL MAP PLANNING AND DEVELOPMENT DEPARTMENT Zone District Current: Fresno County AL20 (Limited Agricultural) Proposed: 51.8 acres to IH (Heavy Industrial) Land Use Designation Heavy Industrial Applications Annexation Application No. P21- 05778 Pre-zone Application No. P21- 05870 Development Permit Application No. P23-00149 APN: 329-100-52,329-100-51,329-100- 01,329-080-28,329-080-11,329-080- 10,329-180-19,329-180-18,329-180- 12, 329-180-09,329-180-07,329-180- 33,329-180-28,329-180-30,329-180- 32,329-080-30,329-180-16, 329-100- 44,329-100-03 West side of South Cherry Avenue between East North and East Central Avenues. LEGEND Pre-zone Boundary ±51.80 acres Annexation Boundary ±80.91 acres Development Boundary ±15.95 acres S Cherry Ave E North Ave HWY 41 Exhibit C Zoning Map Annexation Boundary OS NMX IH IH IH CC Pre-zone Boundary Development Boundary General Plan Land Use Map Annexation Boundary Pre-zone Boundary Development Boundary Exhibit D PROJECT INFORMATION TABLES PROJECT SUMMARY PROJECT See Executive Summary in Staff Report for Annexation Application No. P21-05778 and Pre-zone Application No. P21-05870 and related Development Permit Application No. P23-00149. APPLICANT Bonique Emerson of Precision Civil Engineering, on behalf of Daniel P Onifer of Crown Enterprises LOCATION 3253 South Cherry Avenue, 3337 South Cherry Avenue, 3319 South Cherry Avenue, 3295 S Cherry Avenue, 3195 South Cherry Avenue, 3133 South Cherry Avenue, 3121 South Cherry Avenue, 3105 South Cherry Avenue, 3097 South Cherry Avenue, 3085 South Cherry Avenue, 3081 South Cherry Avenue, 3071 South Cherry Avenue, 3059 South Cherry Avenue, 3043 South Cherry Avenue, 349 East North Avenue, 311 East North Avenue, 283 East North Avenue on the west side of South Cherry Avenue between East North and East Central Avenues (APNs: 329-100-52,329-100-51, 329-100-01, 329-100-52,329- 100-51,329-100-01,329-080-28,329-080-11,329-080-10,329- 180-19, 329-180-18,329-180-12, 329-180-09,329-180-07,329- 180-33,329-180-28,329-180-30,329-180-32,329-080-30,329- 180-16, and 329-100-44,329-100-03) (Council District 3, Council Member Arias) SITE SIZE ±80.91 acres PLANNED LAND USE Existing- Vacant land, Agricultural, Auto repair, Highway, Rual Residential, Diesel Repair Proposed- Employment – Heavy Industrial ZONING Existing- Fresno County AL 20 (Limited Agricultural) Proposed- IH (Employment – Heavy Industrial) HOUSING ELEMENT SITE The subject property is not located on a site listed in the Housing Element Sites Inventory. PLAN DESIGNATION AND CONSISTENCY Pre-zone Application No. P21-05870 proposing to pre-zone: approximately 15.95 acres of the subject property from the County of Fresno AL 20 (Limited Agricultural) zone district to the City of Fresno IH (Heavy Industrial) zone district; and approximately 35.77 acres of the subject property from the County AL 20 (Limited Agricultural) zone district to the City of Fresno IH/ANX (Heavy Industrial/Annexed Rural Residential Transitional Overly) zone district. ENVIRONMENTAL FINDING A Mitigated Negative Declaration dated May 22, 2025 was completed. PLAN COMMITTEE RECOMMENDATION The Council District 3 Project Review Committee recommended a no vote and requested to review the environmental analysis on the project's impact on the nearby school and area, and request the project provide better stakeholder engagement, 4 votes to 0 on March 28, 2023. STAFF RECOMMENDATION Adoption of the Mitigated Negative Declaration as prepared for Environmental Assessment No. P21-05778/P21-05870/P23- 00149, dated May 22, 2025 and Approval of Annexation Application No. P21-05778 and Pre-zone Application No. P21- 05870 and related Development Permit Application No. P23- 00149 subject to conditions found in the Conditions of Approval dated June 18, 2025. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Employment – Heavy Industrial Fresno County AL 20 (Limited Agricultural) Light industrial - Truck and trailer Repair South Employment – Heavy Industrial Fresno County AL 20 (Limited Agricultural) Rural residential East Employment – Heavy Industrial Fresno County AL 20 (Limited Agricultural) Agricultural Orchard West Highway 41 Highway 41 Highway Exhibit E Public Hearing Notice Radius Map Subject Properties 1,000 ft. Radius CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING ANNEXATION APPLICATION NO. P21-05778,PRE-ZONE APPLICATION NO. P21-05870, DEVELOPMENT PERMIT APPLICATION NO. P23-00149, AND RELATED ENVIRONMENTAL ASSESSMENT NOTICE IS HEREBY GIVEN that the Fresno City Council, in accordance with Sections 15-4903 and 15-5007 of the Fresno Municipal Code (FMC), will conduct a public hearing to consider the items below, filed by Bonique Emerson of Precision Civil Engineering, Inc, on behalf of Crown Enterprises, Inc. These applications pertain to approximately 80.91 acres of property located on the west side of South Cherry Avenue, between East North and East Central Avenues. At the hearing, the following will be considered: 1. Environmental Assessment No. P21-05778/P21-05870/P23-00149 dated May 22, 2025, consideration of a Mitigated Negative Declaration of the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. 2. Annexation Application No. P21-05778 consideration of a request to initiate annexation proceedings for the Cherry-North No. 3b Reorganization proposing incorporation of the subject properties within the City of Fresno; and detachment from the Kings River Conservation District and Fresno County Fire Protection District. 3. Pre-zone Application No. P21-05870 consideration to amend the Official Zoning Map of the City of Fresno to pre-zone the subject property from the Fresno County AL 20 (Limited Agricultural) zone district (±51.72 acres) to the City of Fresno IH (Heavy Industrial) zone district ( ±15.95 acres) and ; and City of Fresno IH/ANX (Heavy Industrial/Annexed Rural Residential Transitional Overly) zone district (±35.77 acres) in accordance with the Annexation Application. 4. Development Permit Application No. P23-00149consideration of the construction of a long-term regional facility for the purpose of providing less-than-truckload freight services on approximately 15.95 acres of property. Any interested person may also watch the meeting electronically during the public hearing through instructions provided on the City Council Agenda, and present written testimony at least 24 hours in advance of the City Council agenda item being heard, Written testimony can be submitted via email to clerk@fresno.gov, or submitted in person to the City of Fresno Clerks Office in favor or against the project proposal pursuant to the City Council rules and procedures and the instructions provided on the City Council Agenda. If you challenge the above application(s) in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or City Council at, or prior to, the public hearing. The Fresno City Planning Commission considered this application at its meeting on June 18, 2025, and voted to recommend approval of the application(s). NOTE: This public hearing notice is being sent to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007. All documents related to this project are available for public review at the Planning and Development Department at the address listed below or electronic copies may be requested by contacting the Planner at the number listed below. Documents are available for viewing at City Hall during normal business hours (Monday-Friday, 8 a.m.-5 p.m.) by appointment only. Please contact the Planner listed below via e-mail or by phone to request electronic copies or schedule an appointment to view documents. For additional information, contact Juan Lara, Planning and Development Department, by telephone at (559) 621-8039, or via e-mail at Juan.Lara@fresno.gov. Si necesita información en español, comuníquese con Juan Lara al teléfono (559) 621-8039. PLANNING AND DEVELOPMENT DEPARTMENT Jennifer K. Clark, AICP, HDFP, Director Dated: August 1, 2025 Assessor’s Parcel No(s). 329-100-52, 329-100-51, 329-100-01, 329-100-52, 329-100-51, 329-100-01, 329- 080-28, 329-080-11, 329-080-10, 329-180-19, 329-180-18, 329-180-12, 329-180-09, 329-180-07, 329-180- 33, 329-180-28, 329-180-30, 329-180-32, 329-080-30, 329-180-16, 329-100-44, and 329-100-03. SEE MAP ON REVERSE SIDE Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 FRESNO CITY COUNCIL Date/Time: Thursday, August 14, 2025, at 9:20 a.m., or thereafter Place: City Hall Council Chamber, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721; or, watch the live broadcast via the Zoom link located on the City Council agenda found here: https://fresno.legistar.com/Calendar.aspx Juan Lara PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO STREET, ROOM 3043 FRESNO, CA 93721 THIS IS A LEGAL NOTICE REGARDING P21-05778/P21-05870/P23-00149 VICINITY MAP Project Area Development Area DeliveryAddressLine LastLine 2910 S CHERRY AVE FRESNO CA 93706-5407 2950 S CHERRY AVE FRESNO CA 93706-5407 2993 S ELM AVE FRESNO CA 93706-5411 2933 S ELM AVE STE 103 FRESNO CA 93706-5480 2947 S ELM AVE STE 104 FRESNO CA 93706-5482 2945 S ELM AVE FRESNO CA 93706-5469 2935 S ELM AVE STE 101 FRESNO CA 93706-5464 2935 S ELM AVE STE 103 FRESNO CA 93706-5464 3138 S ELM AVE FRESNO CA 93706-5619 3319 S CHERRY AVE FRESNO CA 93706-5612 3232 S ELM AVE FRESNO CA 93706-5621 3389 S CHERRY AVE FRESNO CA 93706-5612 3272 S ELM AVE FRESNO CA 93706-5621 3337 S CHERRY AVE FRESNO CA 93706-5612 3286 S CHERRY AVE FRESNO CA 93706-5609 3290 S CHERRY AVE FRESNO CA 93706-5609 3206 S CHERRY AVE FRESNO CA 93706-5609 3222 S CHERRY AVE FRESNO CA 93706-5609 3535 S CHERRY AVE FRESNO CA 93706-5616 3451 S CHERRY AVE FRESNO CA 93706-5614 3408 S CHERRY AVE FRESNO CA 93706-5613 93 E NORTH AVE FRESNO CA 93706-5413 95 E NORTH AVE FRESNO CA 93706-5413 3096 S CHERRY AVE FRESNO CA 93706-5606 2970 S ELM AVE FRESNO CA 93706-5441 2992 S ELM AVE FRESNO CA 93706-5441 130 E NORTH AVE FRESNO CA 93706-5414 2933 S ELM AVE STE 101 FRESNO CA 93706-5480 2933 S ELM AVE STE 104 FRESNO CA 93706-5480 2933 S ELM AVE STE 106 FRESNO CA 93706-5480 2935 S ELM AVE STE 104 FRESNO CA 93706-5464 2959 S ELM AVE FRESNO CA 93706-5411 3057 S ELM AVE FRESNO CA 93706-5618 3121 S CHERRY AVE FRESNO CA 93706-5608 3195 S CHERRY AVE FRESNO CA 93706-5608 3096 S ELM AVE FRESNO CA 93706-5617 3150 S CHERRY AVE FRESNO CA 93706-5652 3208 S ELM AVE FRESNO CA 93706-5621 3290 S ELM AVE FRESNO CA 93706-5621 3400 S CHERRY AVE FRESNO CA 93706-5613 3346 S CHERRY AVE FRESNO CA 93706-5611 3310 S CHERRY AVE FRESNO CA 93706-5611 3314 S CHERRY AVE FRESNO CA 93706-5611 3294 S CHERRY AVE FRESNO CA 93706-5609 3264 S CHERRY AVE FRESNO CA 93706-5609 2885 S CHERRY AVE FRESNO CA 93706-5406 2885 S CHERRY AVE FRESNO CA 93706-5406 2960 S CHERRY AVE FRESNO CA 93706-5445 2960 S CHERRY AVE FRESNO CA 93706-5445 86 E NORTH AVE FRESNO CA 93706-5412 2995 S ELM AVE FRESNO CA 93706-5411 2951 S ELM AVE FRESNO CA 93706-5411 2929 S ELM AVE STE 101 FRESNO CA 93706-5476 2935 S ELM AVE FRESNO CA 93706-5464 3047 S ELM AVE FRESNO CA 93706-5618 3059 S ELM AVE FRESNO CA 93706-5618 3015 S ELM AVE FRESNO CA 93706-5618 3140 S ELM AVE FRESNO CA 93706-5619 3133 S CHERRY AVE FRESNO CA 93706-5608 3154 S ELM AVE FRESNO CA 93706-5619 3114 S CHERRY AVE FRESNO CA 93706-5652 3210 S CHERRY AVE FRESNO CA 93706-5609 3516 S ELM AVE FRESNO CA 93706-5649 3428 S CHERRY AVE FRESNO CA 93706-5613 3216 S CHERRY AVE FRESNO CA 93706-5609 3450 S ELM AVE FRESNO CA 93706-5624 3504 S ELM AVE FRESNO CA 93706-5640 3506 S ELM AVE FRESNO CA 93706-5640 3530 S CHERRY AVE FRESNO CA 93706-5615 3590 S CHERRY AVE FRESNO CA 93706-5615 3043 S CHERRY AVE FRESNO CA 93706-5607 3059 S CHERRY AVE FRESNO CA 93706-5607 3071 S CHERRY AVE FRESNO CA 93706-5607 3097 S CHERRY AVE FRESNO CA 93706-5607 3105 S CHERRY AVE FRESNO CA 93706-5608 3038 S CHERRY AVE FRESNO CA 93706-5606 125 E NORTH AVE FRESNO CA 93706-5415 3081 S CHERRY AVE FRESNO CA 93706-5607 3076 S CHERRY AVE FRESNO CA 93706-5606 PO BOX 12024 FRESNO CA 93776-2024 PO BOX 12024 FRESNO CA 93776-2024 2890 LINCOLN AVE CLOVIS CA 93611-8597 12225 STEPHENS RD WARREN MI 48089-2010 2890 LINCOLN AVE CLOVIS CA 93611-8597 PO BOX 12024 FRESNO CA 93776-2024 7459 N RIVERSIDE DR FRESNO CA 93722-9306 3190 S ELM AVE FRESNO CA 93706-5619 5686 MUSTANG AVE CLOVIS CA 93619-9545 280 SHAW AVE STE B CLOVIS CA 93612-3800 7262 N THOMPSON AVE CLOVIS CA 93619-9015 1134 E TURNBERRY AVE FRESNO CA 93730-5928 PO BOX 11921 FRESNO CA 93775-1921 5299 E FLORENCE AVE FRESNO CA 93727-5269 3190 S ELM AVE FRESNO CA 93706-5619 3166 S ELM AVE FRESNO CA 93706-5619 PO BOX 869 WARREN MI 48090-0869 5404 W HOME AVE FRESNO CA 93722-8638 PO BOX 12024 FRESNO CA 93776-2024 3003 CALLE NOGUERA SANTA BARBARA CA 93105- 2822 7519 N INGRAM AVE STE 104 FRESNO CA 93711-5883 6509 RABBIT HOLLOW WAY ELK GROVE CA 95757-8302 8570 S CEDAR AVE FRESNO CA 93725-8905 6227 N WEST AVE FRESNO CA 93711-1857 394 W FANTZ AVE FRESNO CA 93706-9273 3545 E DATE AVE FRESNO CA 93725-1933 115 E NORTH AVE FRESNO CA 93706-5415 728 W MANNING AVE FRESNO CA 93706-9279 2600 FRESNO ST FRESNO CA 93721-3620 5686 MUSTANG AVE CLOVIS CA 93619-9545 3003 CALLE NOGUERA SANTA BARBARA CA 93105- 2822 PO BOX 12024 FRESNO CA 93776-2024 PO BOX 3668 PINEDALE CA 93650-3668 3003 CALLE NOGUERA SANTA BARBARA CA 93105- 2822 311 E NORTH AVE FRESNO CA 93706-5419 315 E FANTZ AVE FRESNO CA 93706-5914 PO BOX 12024 FRESNO CA 93776-2024 3464 S CHERRY AVE FRESNO CA 93706-5613 5402 E BEHYMER AVE CLOVIS CA 93619-9565 116 E NORTH AVE FRESNO CA 93706-5414 3411 S FRUIT AVE FRESNO CA 93706-9605 PO BOX 11921 FRESNO CA 93775-1921 PO BOX 5515 FRESNO CA 93755-5515 3488 S CHERRY AVE FRESNO CA 93706-5613 3074 S ELM AVE FRESNO CA 93706-5617 PO BOX 11921 FRESNO CA 93775-1921 349 E NORTH AVE FRESNO CA 93706-5419 4223 W REGENCY AVE FRESNO CA 93722-6009 3060 S CHERRY AVE FRESNO CA 93706-5606 PO BOX 12024 FRESNO CA 93776-2024 PO BOX 5515 FRESNO CA 93755-5515 PO BOX 12024 FRESNO CA 93776-2024 3085 S CHERRY AVE FRESNO CA 93706-5607 3085 S CHERRY AVE FRESNO CA 93706-5607 PO BOX 12024 FRESNO CA 93776-2024 PO BOX 12024 FRESNO CA 93776-2024 17652 SEABRIGHT DR MADERA CA 93638-9620 PO BOX 8505 FRESNO CA 93747-8505 311 E NORTH AVE FRESNO CA 93706-5419 3353 YEAGER RD MADERA CA 93637-8740 3166 E HUNTINGTON BLVD FRESNO CA 93702-3216 3060 S CHERRY AVE FRESNO CA 93706-5606 7519 N INGRAM AVE STE 104 FRESNO CA 93711-5883 1 FEDERAL ST FL 23 BOSTON MA 02110-2031 17652 SEABRIGHT DR MADERA CA 93638-9620 140 E NORTH AVE FRESNO CA 93706-5414 PO BOX 5515 FRESNO CA 93755-5515 PO BOX 5515 FRESNO CA 93755-5515 4975 E GARRETT AVE FRESNO CA 93725-1889 PO BOX 5515 FRESNO CA 93755-5515 3966 N SHERMAN ST FRESNO CA 93726-4216 7020 N BLYTHE AVE FRESNO CA 93722-9203 7190 S MCCALL AVE SELMA CA 93662-9773 3353 YEAGER RD MADERA CA 93637-8740 PO BOX 5515 FRESNO CA 93755-5515 3353 YEAGER RD MADERA CA 93637-8740 3353 YEAGER RD MADERA CA 93637-8740 9172 FRONTIER ST HANFORD CA 93230-9491 3353 YEAGER RD MADERA CA 93637-8740 3530 S CHERRY AVE Fresno, CA 93706 3590 S CHERRY AVE Fresno, CA 93706 Exhibit F S Ivy AveS Elm AveS Rose AveE Samson Ave 41 OnrpS Angus StE Edgar Ave 41 Onrp41 Ofrp41 OfrpS Cherry AveE North Ave SB 41 SRNB 41 SRS Cherry Ave41 Onrp41 Ofrp41 OfrpS Elm AveP23-00149Intersection of E. North Avenue and S. Cherry AvenueAPN(s):329-100-52,329-100-51,329-100-01,329-080-28,329-080-11,329-080-10,329-180-19,329-180-18,329-180-12,329-180-09,329-180-07,329-180-33,329-180-28,329-180-30,329-180-32,329-080-30,329-180-16, 32910044 0 1,500 3,000750Feet / Exhibit A Proposed Prezone County of FresnoCity of FresnoProposes to pre-zone approximately 35.77 acres from AL20 (limited agricultural) to IH/ANX (Heavy Industrial/Annexed Rural Residential Transitional Overlay) AL 20 (LimitedAgriculture)to IH(HeavyIndustrial/ANX)(Approx. 27.44acres) City Limits AL 20 (LimitedAgriculture)toIH (HeavyIndustrial/ANX)(Approx. 8.08 acres) AL 20 (LimitedAgriculture)to IH(Heavy Industrial/ANX)(Approx. 15.95 acres) Proposes to prezone approximately 15.95 acres from AL20 (Limited Agriculture) to IH (Heavy Industrial) Exhibit G S Ivy AveS Elm AveS Rose AveE Samson Ave 41 OnrpS Angus StE Edgar Ave 41 Onrp41 Ofrp41 OfrpS Cherry AveE North Ave SB 41 SRNB 41 SRS Cherry Ave41 Onrp41 Ofrp41 OfrpS Elm AveP23-00149Intersection of E. North Avenue and S. Cherry AvenueAPN(s):329-100-52,329-100-51,329-100-01,329-080-28,329-080-11,329-080-10,329-180-19,329-180-18,329-180-12,329-180-09,329-180-07,329-180-33,329-180-28,329-180-30,329-180-32,329-080-30,329-180-16, 32910044 0 1,500 3,000750Feet / Annexation Exhibit County of FresnoCity of FresnoProposed Area to be annexed into the City of Fresno (80.91 acres) Approx.80.91Acres City Limits Exhibit H 6/28/21 Central Transport Regional Facility Operational Statement Applicant: Crown Enterprises, Inc. Representative: Precision Civil Engineering APN: 329-100-52 Location: West of Cherry Avenue between North Avenue and Central Avenue in Fresno, CA Zoning: A Rezone/Pre-Zone Application is submitted concurrently with the Development Permit Application to pre-zone the subject property to IH – Heavy Industrial Zone District Existing Land Use Vacant Planned Land Use Employment – Heavy Industrial Proposed Land Use Regional Facility for less-than-truckload freight services Project Description The Development Permit Application is filed by Precision Civil Engineering on behalf of Crown Enterprises, Inc. (Applicant) and pertains to approximately ± 15.22-acres of property located west of Cherry Avenue between North Avenue and Central Avenue in Fresno, CA (APN: 329-100- 52). The site is located within the city’s sphere of influence and its planned land use designation is Employment – Heavy Industrial. A Pre- Zone/Rezone Application and Annexation Application are being submitted concurrently with the Development Application. The Applicant proposes the development of a long-term regional facility for Central Transport (Tenant) that will provide for less-than-truckload (LTL) freight services for local and nationally based businesses. This development is needed to replace a facility previously occupied by Central Transport and owned by Crown Enterprises that was vacated to make way for the high-speed rail project (E Muscat Avenue and S Cedar Avenue). The proposed scope of the development will include an administrative office, cross-dock transfer platform, fleet maintenance shop, and a diesel fuel system for fleet equipment. The development will consist of approximately 3,200 sf. administrative office, 68,570 sf. cross-dock transfer platform, 11,880 sf. fleet maintenance shop, 3,494 sf office, –––parking for fleet tractors (29), fleet trailers (150), and automobiles (84), and a diesel fuel system for fleet equipment. Access to and from the site for fleet tractors and trailers will be provided via one (1) ingress/egress location on Cherry Avenue; a separate parking lot for automobiles will be provided with a separate ingress/egress location with access to Cherry Avenue. Central Transport will operate 24 hours per day, Monday through Friday, and Saturday mornings, and will consist of 70 to 80 employees. 6/28/21 The current property is legally described in a deed document recorded on January 5, 1970 per Instrument No. 578 in Book 5748, Page 303 of Official Records and can be conclusively presumed to have been lawfully created. This document is available in the linked title report. Exhibit I SOUTH PARKWAY DR.PREPARED FOR:SHEET NUMBER:JOB NUMBER:PROJECT TITLE: SHEET DESCRIPTION: CITY OF:COUNTY OF:OFREVISIONSDRAWN BY:CHECKED BY:DATE:PLANNING SURVEYING CIVIL ENGINEERING 1234 O STREET, FRESNO, CALIFORNIA 93721 TEL: 559.449.4500 FAX: 559.449.4515 WWW.PRECISIONENG.NET11/17/202310/25/202220-2703102/13/2024-BDPCROWN ENTERPRISES, LLC. 12225 STEPHENS ROAD WARREN, MI 48089 FRESNO FRESNO COVER SHEET CENTRAL TRANSPORT REGIONAL FACILITYSITE INFORMATIONVICINITY MAPGOLDEN STATE BLVD.EAST NORTH AVE.99CENTRAL AVE.E. ANNADALE AVE.S. FIG AVE. S. WALNUT AVE. S. ELM AVE.41S. CHERRY AVE. S. EAST AVE. S. ORANGE AVE.E. JENSEN AVE.CROWN ENTERPRISES, INC. RELOCATION ANDANNEXATION PROJECTGENERAL NOTES:½ LEGAL DESCRIPTION:CROWN ENTERPRISES LOGISTICS FACILITY STATE HIGHWAY 41PROPOSED DOCK68,570 SQ. FT.(106 DOORS @ 12' O.C.)PROPOSED SHOP11,880 SQ. FT.PROPOSED FUTURETRAILER PARKINGPROPOSEDTRAILER PARKINGPROPOSEDTRAILER PARKINGPROPOSEDTRAILER PARKINGPROPOSED TEMPORARY BASINMATCHLINE (SHEET 3)VICINITY MAPGOLDEN STATE BLVD.EAST NORTH AVE.99SOUTH PARKWAY DR.CENTRAL AVE.E. ANNADALE AVE.S. FIG AVE. S. WALNUT AVE. S. ELM AVE.41S. CHERRY AVE. S. EAST AVE. S. ORANGE AVE.E. JENSEN AVE.LEGEND:030'60'15'SCALE 1" = 30'PREPARED FOR:SHEET NUMBER:JOB NUMBER:PROJECT TITLE: SHEET DESCRIPTION: CITY OF:COUNTY OF:OFREVISIONSDRAWN BY:CHECKED BY:DATE:PLANNING SURVEYING CIVIL ENGINEERING 1234 O STREET, FRESNO, CALIFORNIA 93721 TEL: 559.449.4500 FAX: 559.449.4515 WWW.PRECISIONENG.NET11/17/202310/25/202220-2703202/13/2024-BDPCROWN ENTERPRISES, LLC. 12225 STEPHENS ROAD WARREN, MI 48089 FRESNO FRESNO EAST SITE PLAN CENTRAL TRANSPORT REGIONAL FACILITYCONSTRUCTION NOTES: EXCEPTION AREAPROPOSEDOFFICEPROPOSED AUTOPARKINGPROPOSED TRACTORPARKINGPROPOSEDTRAILER PARKINGPROPOSEDTRAILER PARKINGPROPOSED DOCK68,570 SQ. FT.(106 DOORS @ 12' O.C.)SOUTH CHERRY AVENUEVICINITY MAP030'60'15'SCALE 1" = 30'GOLDEN STATE BLVD.EAST NORTH AVE.99SOUTH PARKWAY DR.CENTRAL AVE.E. ANNADALE AVE.S. FIG AVE. S. WALNUT AVE. S. ELM AVE.41S. CHERRY AVE. S. EAST AVE. S. ORANGE AVE.E. JENSEN AVE.MATCHLINE (SHEET 2)PREPARED FOR:SHEET NUMBER:JOB NUMBER:PROJECT TITLE: SHEET DESCRIPTION: CITY OF:COUNTY OF:OFREVISIONSDRAWN BY:CHECKED BY:DATE:PLANNING SURVEYING CIVIL ENGINEERING 1234 O STREET, FRESNO, CALIFORNIA 93721 TEL: 559.449.4500 FAX: 559.449.4515 WWW.PRECISIONENG.NET11/17/202310/25/202220-2703302/13/2024-BDPCROWN ENTERPRISES, LLC. 12225 STEPHENS ROAD WARREN, MI 48089 FRESNO FRESNO SITE PLAN CENTRAL TRANSPORT REGIONAL FACILITY LEGEND:CONSTRUCTION NOTES: EBDCWEST ELEVATIONSCALE: 332" = 1'-0"FAEAST ELEVATIONSCALE: 332" = 1'-0"EBDCFASOUTH ELEVATIONSCALE: 332" = 1'-0"321109876541112131415161718192021222324252627282930313233NORTH ELEVATIONSCALE: 332" = 1'-0"109876543211112131415161718192021222324252627282930313233DRAWN BYDATEDATEREVISION07-09-202112225 StephensCherry Ave.Fresno, CAWarren, MichiganA.2Proposed Cross DockBuilding ElevationsCrown Enterprises, Inc. EADCBSTANDING SEAMROOFRAKE TRIMMETAL WALLPANELS8"Ø BOLLARD(PAINTED)GRADE22'-0" EAVE HEIGHT STANDING SEAMROOFRAKE TRIMMETAL WALL PANELS8"Ø BOLLARD(PAINTED)GRADESOUTH ELEVATIONSCALE: 18" = 1'-0"123456EAST ELEVATIONSCALE: 18" = 1'-0"14'x16' O.H. DOOR14'x16' O.H. DOOR14'x16' O.H. DOORSTANDING SEAMROOFTRIM GUTTERMETAL WALLPANELS8"Ø BOLLARD(PAINTED)GRADESTANDING SEAMROOFTRIM GUTTERMETAL WALLPANELSGRADE714'x16' O.H. DOOR14'x16' O.H. DOOREADCBSTANDING SEAMROOFRAKE TRIMMETAL WALLPANELS8"Ø BOLLARD(PAINTED)GRADE22'-0" EAVE HEIGHT STANDING SEAMROOFRAKE TRIMMETAL WALL PANELS8"Ø BOLLARD(PAINTED)GRADENORTH ELEVATIONSCALE: 18" = 1'-0"WEST ELEVATIONSCALE: 18" = 1'-0"123456EAST ELEVATIONSCALE: 18" = 1'-0"14'x16' O.H. DOOR14'x16' O.H. DOOR14'x16' O.H. DOORSTANDING SEAMROOFTRIM GUTTERMETAL WALLPANELS8"Ø BOLLARD(PAINTED)GRADESTANDING SEAMROOFTRIM GUTTERMETAL WALLPANELSGRADE714'x16' O.H. DOOR14'x16' O.H. DOOR14'x16' O.H. DOORDRAWN BYDATEDATEREVISION07-13-2021-12225 StephensCherry Ave.Fresno, CAWarren, MichiganA.5PROPOSED SHOPExterior ElevationsCROWN ENTERPRISES INC. 43RAMP DOWN HANDICAPACCESSIBLE RAMPW/ GALVANIZEDSTEEL HANDRAILSPROPOSED TRANSFER PLATFORMLOADING POSITIONS = 123RAMP = 1W.H.COMP.ROOMW.W.R.K-6716BANNONC_SINKSCAST IRON J.C.M.W.R.FIRESUPRESSIONROOMELEC.ROOMEMPLOYEEBREAK ROOMCONFERENCEROOMOPEN OFFICEE.W.C.F.D.F.D.RAMP DOWN AHU #1AHU #25678910BCDE1POURED CONCRETESTAIR AND LANDINGW/ GALVANIZED STEELHANDRAILS2VENDING EXPANDABLE END WALL FPRIVATEOFFICEVEST.A1112131415161718192021222324252627282930313233DRAWN BYDATEDATEREVISION7-9-202112225 StephensCherry AvenueFresno, CAWarren, MichiganA.1PROPOSED CROSS DOCKPRELIMINARY FLOOR PLANCrown Enterprises, LLCFIRE PROTECTION NOTE:ENTIRE BUILDING TO BE PROTECTED WITHAUTOMATIC FIRE SPRINKLER SYSTEM:DOCK: ORDINARY HAZARD GROUP 2 OCCUPANCYOFFICE: LIGHT HAZARD OCCUPANCY1'17'-5"5'1'30'24'24'24'24'24'24'30'30'1'-6"756'788'-10"28'-4"9'-4" 30'30'29'-4"9'4" 44'-8"90' CONCRETE DOCK 99'24'24'24'24'24'24'24'24'30'24'24'24'24'24'24'24'24'24'24'24'24'24'24'24'1'-4"10'44'-8"10'FLOOR PLAN 234157ACG20'-0"20'-0"1'-0"20'-0"20'-0"30'-0"90'-0" OUT TO OUT OF CONCRETEPROPOSED SHOPTOTAL SQ. FT. = 11,880DRIVE-THRU BAYS = 514' x 16' O.H. DOOR14' x 16' O.H. DOOR14' x 16' O.H. DOOR14' x 16' O.H. DOOR14' x 16' O.H. DOOR14' x 16' O.H. DOOR14' x 16' O.H. DOOR14' x 16' O.H. DOOR14' x 16' O.H. DOOR14'-0"6'-0"6'-0"6'-0"6'-0"4'-0"10' TRENCH DRAIN(TYP.)FLOOR RIDGE14'-0"14'-0"14'-0"3'-4"6'-6"14'-0"4'-0"OFFICE12' x 14'14' x 16' O.H. DOOR14' x 16' O.H. DOOR620'-0"6'-0"14'-0"1'-0"BF25'-0"20'-0"20'-0"25'-0"DRAWN BYDATEDATEREVISION07-13-2021-12225 StephensCherry Ave.Fresno, CAWarren, MichiganA.4Proposed ShopProposed Floor PlanCrown Enterprises, Inc.PROPOSED FLOOR PLANSCALE: 18" = 1'-0"N U W PUW PPCPCPC U W P U W P U W P PLANT LEGEND SYMBOL SIZE QTY SCIENTIFIC NAME COMMON NAME COMMENTS WUCOLS VALUE TREES SHRUBS HA 28030.8 GROUND COVER 47856 PREPARED FOR:SHEET NUMBER: JOB NUMBER:PROJECT TITLE:SHEET DESCRIPTION:CITY OF:COUNTY OF:OF REVISIONS DRAWN BY: CHECKED BY: DATE:PLANNING SURVEYING CIVIL ENGINEERING1234 O STREET, FRESNO, CALIFORNIA 93721TEL: 559.449.4500 FAX: 559.449.4515WWW.PRECISIONENG.NETP:\CIVIL 3D PROJECTS\2020\20-270\PRODUCTION DRAWINGS\LANDSCAPE\20-270 LANDSCAPE PLANS.DWG 10/25/2022 2:13:33 PM20-270 21 10/25/2022 MB LCCROWN ENTERPRISES, LLC.12225 STEPHENS ROADWARREN, MI 48089 FRESNOFRESNOCONCEPTUAL LANDSCAPE PLANCENTRAL TRANSPORT REGIONAL FACILITY0 30'60'15' SCALE 1" = 30' MATCHLINE (SHEET 2) AUTO PARKING AREA ONLY A PROVIDE ONE MEDIUM SIZE TREE FOR EVERY 5 TO 6 PARKING SPACES SPACES PROVIDED 84 PERCENT 173 TREES REQUIRED 17 TREES PROVIDED 29.0 B DISPERSE TREES OVER THE PARKING LOT AREA TO PROVIDE 50 PERCENT SHADING OF THE PARKING AREA SURFACE WITHIN 15 YEARS. PARKING AREA 27126 PERCENT SHADE 92 SHADE REQUIRED 13563 TOTAL SHADE 24947 COVERED STALLS 0 TREE SHADE PROVIDED 24947 QTY.BOTANICAL NAME RADIUS SHADED AREA 18 PISTACIA X 'KEITH DAVEY'16.5 15387.6 9 ULMUS U. 'PROSPECTOR'17.5 8654.6 2 PINUS CANARIENSIS 12 904.3 0 -0 0.0 29 TOTAL TREE COUNT C A MINIMUM OF 10 PERCENT OF ANY PARKING LOT AREA SHALL BE LANDSCAPED PARKING AREA 27126 PERCENT 45 AREA REQUIRED 2713 AREA PROVIDED 12275 1234 O Street ∙ Downtown Fresno, CA 93721 ∙ Phone (559) 449-4500 ∙ Fax (559) 449-4515 February 8, 2021 Dear Neighbor: We are sending this letter in order to provide you with information regarding a Neighborhood Meeting to discuss a proposed annexation in the area of Cherry Avenue between North Avenue and Central Avenue in Fresno (See Attached Vicinity Map). You are receiving this letter because you own property within 1,000- feet of property that is proposed to be annexed and developed (See Attached Annexation Boundary Map). The purpose of this meeting is to get neighborhood input on this proposed annexation. The Neighborhood Meeting will be held virtually, by Zoom: Neighborhood Meeting for Proposed Annexation Thursday, February 18, 2021 from 6:00 – 7:00 pm Zoom Link: https://zoom.us/j/91053929246?pwd=ZUVPclg4RC9vOWw4WEd2OWgyMjdSZz09 Call-in #: +1 669 900 9128 Meeting ID: 910 5392 9246 Passcode: 700651 The proposed annexation is related to a proposed project to develop a regional facility for Central Transport on a ± 15.22-acre site (APN: 329-100-52). The site is within the City of Fresno’s Sphere of Influence but is outside of the city limits and will be subject to a pre-zone and annexation. The site is currently vacant and is within an area planned for industrial uses. Should you have, questions, comments, or suggestions about the proposed annexation and project, you may reach us at the address, email, or phone number listed in this letter. For written correspondence, please reference “Cherry Avenue/North Avenue Annexation.” If you would like the Zoom invite link e- mailed to you for ease of access or have questions about accessing the virtual meeting, please send an e- mail to the address listed below. Sincerely, Bonique Emerson, AICP Planning Division Manager Precision Civil Engineering, Inc. bemerson@precisioneng.net HIGHWAY 41/ NORTH AVENUE AND SOUTH CHERRY ANNEXATION Summary of Neighborhood Outreach Required Neighborhood Meeting On February 8, 2021, a letter to property owners within 1,000 feet of the subject property (APN: 329-100-52) was sent notifying them of a Neighborhood Meeting to occur on February 18, 2021. The buffer map is attached as Exhibit A and the letter is attached as Exhibit B. The meeting was held virtually by Zoom with the option to call-in. We received two (2) general inquiries by phone in advance of the meeting. Both inquiries were from property owners within the Project area who expressed their support of the Project. No opposition to the Project was expressed. The Neighborhood Meeting held on February 18, 2021, began at 6:00 pm. Thirteen participations were in attendance, including three representatives from Crown Enterprises, two representatives from Precision Civil Engineering, three representatives from the City of Fresno, and one representative from Fresno County LAFCO. A sign-in sheet was not circulated as the meeting was conducted virtually, but a photo of the Zoom Participants List is attached as Exhibit C. Precision Civil Engineering presented a brief overview of the proposed annexation boundary and project (See Project Description attached as Exhibit D). Participants were shown images of the boundary map, site location, and layout. Precision Civil Engineering provided detailed information about what the neighborhood could expect from the Project (i.e., annexation benefits, etc.). During Q&A after the presentation, two (2) individuals asked questions. Both individuals represented property owners outside of the proposed annexation boundary. Their questions were about their interest in being included in the annexation process and/or their support of the annexation. The meeting concluded at 6:45 pm. Additional Neighborhood Outreach In addition to the required neighborhood meeting, PCE conducted the following additional outreach. •PCE hosted a virtual meeting with District 3 Staff on April 1, 2021, and presented the Project details with District Staff for their initial feedback and questions. The discussion was primarily process and conducting neighborhood outreach. •PCE attended the virtual District 3 Project Review Committee on April 27, 2021 and presented the Project details with Committee members for their initial feedback and questions. •PCE attended a virtual meeting with Leadership Counsel for Justice and Accountability and area neighbors on July 8, 2021, from 6:00 to 7:00 pm. Leadership Counsel invited area residents. There were 10 attendees including representation from Leadership Counsel, Building Healthy Communities, Orange Center Elementary School District, two residents, Crown Enterprises, and PCE. PCE presented Project details and then opened up the conversation for Q&A from the attendees. There were approximately 10 questions asked ranging from technical annexation and environmental assessment questions to public health concerns. APN OWNER1OWNER2ADDR1LMOWCITY LMOWSTATE ADDR2 LMOWZP32911003 BALTADANO PEDRO R 3003 CALLE NOGUERA SANTA BARBARA CA 9310532908010 BRISCOE LAND DEVELOPMENT GROUP LPP O BOX 12024FRESNO CA9377632918028 DELIVERANCE TEMPLE UNDENOMINATIONALHOLINESS CHURCH #1 311 E NORTHFRESNO CA 9370632918018 GARCIA PATRICIA 3085 S CHERRYFRESNO CA 9370632908016 NIJJAR RAJINDER KAUR 3190 S ELMFRESNO CA 9370632910040 BLUE GRACE INVESTMENTS280 SHAW #BCLOVISCA9361232910003 BRAR HARDEV S & SARBJIT K6509 RABBIT HOLLOW WAY ELK GROVE CA9575732911007 CAST N BLAST LP 7519 N INGRAM #104 FRESNO CA 9371132908003 DEAN PAULDEAN PAUL TRUSTEE 1418 CHENNAULTCLOVISCA9361132910044 G3 DEVELOPMENT 8570 S CEDARFRESNO CA 9372532910042 GARCIA ROBERT III P O BOX 1244FRESNO CA 9371532919021S GURUDWARA NANAK SAR 3060 S CHERRYFRESNO CA 9370632918007 GUZMAN GERARDO & MIRIAM 349 E NORTHFRESNO CA 9370632908032 KALPAKOFF JONATHAN TRUSTEE P O BOX 11921FRESNO CA 9377532910034 KAUR SANDIP7459 N RIVERSIDEFRESNO CA9372232912029 LOPEZ ENRIQUE R & CONNIE G TRS 3411 S FRUITFRESNO CA 9370632911006 MARTINEZ CRISTINA3314 S CHERRYFRESNO CA9370632913010 MATTOS MARY MARGARET TRUSTEE 5919 S BRAWLEYFRESNO CA 9370632910052 PEARSON JANICE E% L TIRAPELLE P O BOX 66SANGER CA 9365732908018 RNI INVESTMENTS 5686 E MUSTANGCLOVISCA 9361132917024 RNI INVESTMENTS LLC 5686 E MUSTANGCLOVISCA 9361132910001 SEKHON BAWINDER S & JAGDISH K TRS 2422 RODEOSELMACA 9366232910046 SINGH JASPREETCLAIR BHUPINDER 5879 N TORREY PINE FRESNO CA 9372332908028 TAPP JAMES & KATHLEEN 7262 N THOMPSON CLOVISCA 9361932909001 VI PROPERTIES P O BOX 12024FRESNO CA 9377632919017 VI PROPERTIES INC P O BOX 12024FRESNO CA 9377632912026 WESTERN TERMINALS LLC3545 E DATEFRESNO CA93725 Conditions of Approval Development Permit Application No. P23-00149 June 18, 2025 Page 2 of 12  Development shall take place in accordance with Exhibits A-1 through A-3, E-1 though E-2, O,F-1 through F-2 dated, and L-1 through L-2 April 5, 2024. Revise and transfer all comments and conditions on Exhibits to the corrected exhibit(s) and upload to the related Compliance Record No. P25-XXXXX and submit to the planner at least 15 days prior to issuance of building permits. Site Plan Redlines:  Submit an application for a Voluntary Parcel Merger. The Voluntary Parcel Merger shall be completed prior to the issuance of building permits.  Depict APNs 329-100-52 & 329-100-01 and correct total acres to 15.93 acres on Exhibits A and O.  Provide updated legal description on Exhibit A-1.  Revise Land Scape Plans L-1 through L-2 to reflect new Site Plan Exhibit dates April 5, 2024.  Add applicable notes to the site plan from the attached “Notes and Requirements for Entitlement Applications” document. PART B - OTHER AGENCY COMMENTS AND CONDITIONS To be checked when completed where applicable  1. DPU - Solid Waste, Water, Planning and Engineering: Comply with the requirements included within the attached Department of Public Utilities, Solid Waste, Water, and Sewer Memorandum dated March 27, 2023.  2. DPW – Traffic Planning: Comply with the requirements included within the attached Department of Public Works Traffic Planning Memorandum dated May 16, 2023, and redline maps dated May 17, 2023, and February 26, 2024. 3. DPW – Engineering (Landscaping): Comply with the requirements included within the attached Department of Public Works Engineering (Landscaping) Memorandum dated March 22, 2023. DPW – Community Facilities District (CFD): Comply with the requirement included within the attached Department of Public Works Community Facilities District Memorandum dated March 22, 2023.  4. Fire Review: Approved as submitted. No appointment or initial required. Approval of this plan does not authorize or approve any omission or deviation from applicable adopted codes and adopted standards. Final approval is subject to field inspection. Correction items #7-11 are to be addressed on Building Plan submittal as noted in applicant response letter. This plan review is a review of the areas noted with a cloud or delta only. Any current or future approval for this plan will be for the clouded areas only and shall not constitute an approval for any areas or changes not shown on the plans with a cloud or delta. Any changes in this addendum plan that affect Conditions of Approval Development Permit Application No. P23-00149 June 18, 2025 Page 3 of 12 fire and life-safety system permits issued by the Fresno Fire Department shall result in an addendum submittal of the fire and life-safety system to the Fresno Fire Department for review and approval.  4. Fresno County Environmental Health: Recommended Conditions of Approval: • Facilities that use and/or store hazardous materials and/or hazardous wastes, they shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Any business that handles a hazardous material or hazardous waste may be required to submit a Hazardous Materials Business Plan pursuant to the California Health and Safety Code (HSC), Division 20, Chapter 6.95, Section 25507 (http://cers.calepa.ca.gov/). Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information. • The proposed project shall comply with the Noise Elements of the City of Fresno Municipal Code and Fresno County Ordinance Codes. Due to the location of the proposed project near residential uses, all equipment shall be maintained according to the manufa cturer’s specifications, and that noise generating equipment be equipped with mufflers. Should facility operations change to include future parking of refrigerated trucks or idling of trucks for prolonged periods, a noise study should be conducted that can offer mitigation measures to neighboring residential home owners. • The applicant should be advised of the State of California Public Resources Code, Division 30; Waste Management, Chapter 16; Waste Tire Facilities and Chapter 19; Waste Tire Haulers and facilities, will require the Owner/Operator to obtain a Tire Program Identification Number (TPID) and possibly a waste and used tire hauler permit from the California Department of Resources Recycling and Recovery (CalRecycle). Contact the local Tire Enfo rcement Agency at (559) 600-3271 for additional information. • As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor. • Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.  5. Flood Metropolitan Flood Control District (FMFCD) Fees: See attached FMFCD Notice of Requirements (NOR) memorandum dated March 21, 2023, labeled as “FMFCD 2023-00149 MAILED”. The Memo can also be found within the Conditions of Approval Final Packet as an attachment. $456,578.00 Draining Fee and $541.00 NOR Review Fee all due on this project prior to the release of Planning Final Approved Site Plan. Provide proof of receipt when completed.  6. San Joaquin Valley Air Pollution Control District: See attached SJVAPCD memorandum dated March 23, 2023, uploaded into Accela in the Attachments section labeled “20230246 P23-00149, Crown Enterprises, Inc”. The Memo can also be found within the Conditions of Approval Final Packet as an attachment. Conditions of Approval Development Permit Application No. P23-00149 June 18, 2025 Page 4 of 12  7. Building and Safety: The following items require a separate process with additional fees and timelines, in addition to the Development Permit Application process. 1. Building, Grading and Utility plans are required to be submitted to Building and Safety Services Division for approval and permits for the proposed project. • Verify permanent drainage facilities are provided by Fresno Metropolitan Flood Control District (FMFCD). Contact Jason Clark at (559) 456-3292 for additional information. • All Construction Documents must be designed, stamped and signed by a licensed Architect/Engineer. • Bicycle parking shall be provided per California Green Building Standards Code (CGBSC) 5.106.4.1.1 & 5.106.4.1.2. • Clean Air/Vanpool/EV parking shall be provided per California Green Building Standards Code (CGBSC) 5.106.5.2. • Electric Vehicle Charging shall be provided per California Green Building Standards Code (CGBSC) 5.106.5.3. 2. Underground fuel storage tanks require Fresno County Department of Public Health approval done through a separate permit process. • Owner/Designer must submit plans to Fresno County Health Division for approval.  8. Long Range Planning: 1. Property is located in an area with a draft plan in process [South Central Specific Plan] Please see www.fresno.gov/SCSP for more information. A. The subject property is located in a county island. The subject property is located in Growth Area 1. Please see Figure IM-2 of the Fresno General Plan for more information. B. The subject property is designated as Heavy Industrial in Figure LU-1 of the Fresno General Plan. Please see https://www.fresno.gov/darm/general-plan-development-code/ for more information. 9. Fresno Irrigation District: Comply with the requirements included within the attached Fresno Irrigation District Memorandum dated March 22, 2023. PART C - PLANNING DEVELOPMENT CODE STANDARDS 1. Density and Intensity Standards: Development shall take place in accordance with Section 15-1303 of the FMC. 2. Site Design: Development shall take place in accordance with Section 15-1304 of the FMC. 3. Fencing: All Fencing, Walls, and Hedges shall be provided and installed per Section 15 -2006, 15- 2718, and 15-2721 of the FMC. PART D - PLANNING - OTHER REQUIREMENTS 1. Development shall take place in accordance with the policies of the Fresno General Plan, South-Central Specific Plan, and with the Employment – Heavy Industrial planned land use designation. 2. Development shall take place in accordance with the (Heavy Industrial) zone district and all other applicable sections of the FMC. 3. Comply with the operational statement submitted for the proposed project dated April 5, 2024. Conditions of Approval Development Permit Application No. P23-00149 June 18, 2025 Page 5 of 12 4. Property development standards and operational conditions are contained in Articles 13 (Employment Districts), 20 (General Site Requirements), 23 (Landscape), 24 (Parking and Loading) and 25 (Performance Standards). Any project revisions, development and operation must comply with these property development standards and operational conditions. 5. Development shall comply with the City of Fresno Parking Manual, California Building Code, and American Disabilities Act requirements. 6. Development shall take place in accordance with the “General Notes and Requirements for Entitlement Applications” listed below if applicable. 7. Trucks will enter and exit only from two (2) drive approaches along South Cherry Avenue, and employees and guests will enter from a separate third drive approach along the southern end of the site. All truck traffic will enter and exit from the two (2) northern-most drive approaches. Truck traffic to the site is required to travel southbound only from East North Avenue and from the site is required to travel northbound from South Cherry Avenue to East North Avenue only. 8. Comply with all applicable mitigation measures detailed in the attached Project Specific Mitigation Monitoring Checklist contained in the environmental assessment adopted for the project. PART E - MISCELLANEOUS AND GENERAL NOTES AND REQUIREMENTS Not all notes and requirements listed below are applicable to all projects. 1. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. This special permit is granted, and the conditions imposed, based upon the Operation Statement provided by the applicant. The Operation Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy available under the law. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. 2. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: a) All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on a djoining property and may encroach on the subject property; b) All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, c) Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. 3. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this Code. Specific uses Conditions of Approval Development Permit Application No. P23-00149 June 18, 2025 Page 6 of 12 of land, buildings, and structures listed as prohibited in any zoning district are hereby declared to be detrimental to the public health, safety, and welfare. 4. Development shall take place in accordance with the Standards, Specifications, and Standard Drawings of the City of Fresno Public Works Department. 5. Development shall take place in accordance with all city, county, state and federal laws and regulations. 6. Owners and persons having ownership interest in businesses operating in the City of Fresno (including leasing out any commercial or industrial property, or renting out four or more dwelling units) are required by the Fresno Municipal Code to obtain a Busin ess Tax Certificate. Contact the City of Fresno Finance Department’s Business Tax Division at (559) 621 -6880 for more information. Information and an application form is available at the following website: Click Here 7. All proposed building(s) or structure(s) constructed on the property must comply with the prevailing California Building Code Standards. 8. Any building modifications and/or additions not included with this application are not approved with this special permit and would be subject to a new special permit. 9. A permit granted under the Fresno Municipal Code shall automatically expire if it is not exercised or extended within three years of its issuance. Refer to section 15 -5013, Expiration of Planning Entitlements, for more information about the exercise of rig hts. FENCES/WALLS, LANDSCAPING, PARKING 10. Nothing in the Development Code shall be deemed to prohibit the erection of temporary fencing around construction sites in compliance with the Building Code and other applicable provisions of the Fresno Municipal Code. 11. Future fences shall be reviewed and approved by the Planning and Development Department prior to installation. 12. Fences, hedges, and walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum a llowed height. Fences shall be maintained and shall stand upright and shall not lean. 13. All planting and other landscape elements shall be permanently maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. Yards shall be maintained free of refuse, debris, rubbish, or other accumulated matter and/or materials, and shall be maintained clean. Grass shall not exceed six inches in height. 14. New landscaping shall have an automatic irrigation system designed to provide adequate and efficient coverage of all plant material. Irrigation systems shall comply with the requirements of the California Green Building Standards Code and/or the Californi a Model Water Efficient Landscape Ordinance and/or the California Plumbing Code as may be amended. 15. Trees shall be maintained by property owners to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects, and disease. Any tree showing such damage shall be replaced with another tree. 16. No tree for which a Tree Removal Permit is required shall be removed until all conditions of the permit have been satisfied and the decision has become final. In addition, tree(s) approved for removal in conjunction with a development application shall not be removed before the issuance of a Building Permit or unless all of the conditions of approval of the development applications are satisfied. 17. The review authority shall issue a Tree Removal Permit if any of the following general criteria is met: Conditions of Approval Development Permit Application No. P23-00149 June 18, 2025 Page 7 of 12 a) The tree(s) is irreparably diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices so that the public health or safety requires its removal. b) The tree(s) can potentially cause substantial damage to existing or proposed main structure(s) (e.g. dwellings, other main structures, or public infrastructure) or interfere with utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. c) The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Review Authority that there are no reasonable alternatives to preserve the tree(s). 18. Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Current Planning Division. (Include this note on the landscape plan.) 19. Future tenant improvements shall be reviewed and approved by the Planning and Development Department to ensure that adequate off -street parking is provided. 20. Trees required for parking lots are in addition to trees required elsewhere on the site as prescribed in other sections of the Fresno Municipal Code. 21. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times. 22. A minimum number of accessible parking stalls are required for the proposed project per State of California Building Code. 23. All accessible stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Section 10 -1017 of the Fresno Municipal Code shall be towed away. The international symbol and tow-away warning shall be posted conspicuously on seven-foot poles. (Include this note on the site plan.) 24. Applicants are encouraged to provide shared vehicle and pedestrian access between adjacent properties for convenience, safety, and efficient circulation. A joint access covenant shall be required. (Include this note on the site plan.) 25. All general standards of Section 15 -2015 of the Fresno Municipal Code shall apply when lighting is provided to illuminate parking, sales or display areas. Depict all proposed lights on the site plan. 26. Bicycle parking spaces shall be supplied according to Table 15 -2429-D: Required On-Site Bicycle Parking Spaces of the Fresno Municipal Code. Each bicycle parking space shall be a minimum of 30 inches in width and eight feet in length and shall be accessibl e without moving another bicycle. At least 30 inches of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces to allow for the maneuvering of bikes. Overhead clearance shall be a minimum of seven feet. A minimum five-foot aisle between each row of bicycle parking shall be provided for bicycle maneuvering beside or between each row, when multiple rows are propose d. Bicycle parking spaces shall not encroach into pedestrian ways, landscaped areas, or other required open spaces, and shall be located proximal to structures. 27. All general provisions of Section 15-2403 of the Fresno Municipal Code shall apply to all parking areas. 28. The parking lot is required to meet the City of Fresno’s Parking Manual, Public Works Standards (P - 21, P-22, and P-23) and Specifications. Parking must also comply with the California Building Code’s accessibility requirements and the Fire and Solid Waste Department’s minimum turning templates. Contact the Planning and Development Department for Parking Manual questions. Conditions of Approval Development Permit Application No. P23-00149 June 18, 2025 Page 8 of 12 SIGNAGE 29. All future signs shall be architecturally compatible with the proposed building(s). Provide a set of drawings, with descriptive information, including, materials, design and colors to allow for a preliminary assessment of the future signage. It is recommended that you provide a copy of the signage early in the project process to allow for staff comment. 30. Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. (Include this note on the site plan.) 31. All proposed signs shall conform to the current sign ordinance. The submittal checklist for signs is available online at: Click Here 32. Window signs limited to the hours of operation, address, occupancy, and emergency information, subject to the following standards: a) Operational windows signs shall not be mounted or placed on windows higher than the second story. b) The maximum area of exempt window signage shall not exceed three square feet in area. 33. Banners, streamers, moving signs, and inflatables (including air dancers, balloons, and similar objects) are allowed subject to Temporary Use Permit approval for establishments within Non - Residential Districts. Signs of this type do not count toward total maximum sign area. No sign per this section shall be displayed for more than 30 days, and a period of 30 must lapse before displaying another sign. Signs shall not be displayed for more than 60 total days during a calendar year. 34. Every sign displayed within the city, including exempt signs, shall be maintained in good physical condition and shall comply with adopted regulations. All defective or broken parts shall be replaced. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. MISCELLANEOUS 35. Noise levels shall not exceed the decibel levels described in Section 15-2506 of the Fresno Municipal Code at any time, measured at the nearest subject property line. 36. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., constructi on equipment, trains, trucks, etc.) are exempt from this standard. 37. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky - reflected glare from floodlights shall not be directed into any other property or street. Except for public street lights and stadium lights, no light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one -half foot- candle. 38. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located. Windows shall not cause glare that may disrupt adjoining properties, traffic on adjacent streets, etc. Glare or heat reflected from building materials shall be mitigated so as to not disrupt surrounding properties. 39. The address listed in the conditions of approval is the 'Official Address' given to the building. If you would like separate suite or unit numbers for a building, provide a floor plan and contact the City of Fresno Planning and Development Department for 'Official Addresses’. Only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses'. The United States Post Office will only recognize addresses assigned by the City of Fresno. If a non-official address is given to a building and or/separate suites, the City of Fresno has the authority to charge a fee and Conditions of Approval Development Permit Application No. P23-00149 June 18, 2025 Page 9 of 12 have those addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not ‘Official Addresses’. 40. All projects, including projects that involve less than one acre of property, are required to comply with the City of Fresno’s Urban Storm Water Quality Management and Discharge Control Ordinance, Fresno Municipal Code Chapter 6, Article 7 (Sections 6-701 et seq.) When a project involves one acre or more of construction activity (including, but not limited to, grading) the developer is required to obtain a stormwater discharge permit for construction, with a Notice of Intent (NOI) filed prior to commencement of any grading construction activity. Contact the Fresno office of the California Regional Water Quality Control Board at (559) 445 -6281 regarding the required NOI and stormwater discharge permit. Additional information on California’s construction stormwater regulation may be obtained from the Water Board via the internet: www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml Helpful information for preparing and implementing stormwater pollution prevention plans may also be obtained from the California Stormwater Quality Association via its website, www.casqa.org When a project involves specified nonresidential activities (certain commercial and industrial activities), an ongoing industrial stormwater discharge permit is also required. Contact the Fresno office of the California Regional Water Quality Control Boar d at (559) 445-6281 to find out whether your project/business requires an industrial stormwater discharge permit, and to obtain details on securing this permit. Additional information on industrial stormwater regulations may be obtained from the following website: www.waterboards.ca.gov/water issues/programs/stormwater/industrial.shtml, The California Stormwater Quality Association has additional information on preparing stormwater pollution prevention plans for industrial activities. (www.casqa.org). 41. Screen all roof-mounted equipment from the view of public rights-of-way. Depict all mechanical equipment on site plan and elevations. 42. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. (Include this note on the site plan.) 43. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: (805) 644 -2289) shall be contacted to obtain a referral list of recognized archaeologists. An archeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.) 44. If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. (Include this note on the site plan.) 45. Connection to a municipal water system is required unless approved measures are included in the project conditions of approval for an alternative water supply. 46. Connection to a municipal City of Fresno sewer system is required unless approved measures are included in the project conditions for alternative wastewater treatment facilities. 47. City of Fresno water and sewer connection charge obligations applicable to this project will be computed during the building construction plan check process and shall be payable at time of issuance of building permit unless other arrangements have been app roved to defer such payments to a later Conditions of Approval Development Permit Application No. P23-00149 June 18, 2025 Page 10 of 12 date. For information relating to water and sewer service requirements and connection charges, contact Frank Saburit at (559) 621-8797. 48. Open street cuts are not permitted; all utility connections must be bored. 49. CROSS-CONNECTION CONTROL. A backflow prevention device may be required on the water service. Contact the Department of Public Utilities, Water Division (559) 621 -5300 for requirements relating to approved devices, locations, testing and acceptance. This requirement must be satisfied prior to final occupancy. 50. This project was reviewed by the Fire Department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of the Planning and Development when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building. 51. Open storage (outside an enclosed building) shall be limited to vehicles, boats, recreational vehicles, and trailers. Outdoor storages areas shall be screened from public view by building façades or solid fences. At the discretion of the Review Authority, the treatment of the ground surface of the open storage area may be gravel or other materials as prescribed by the San Joaquin Valley Air Pollution Control District, the Public Works Department, the Fire Department, and the Fresno Metropolitan Flood Control District. All open storage must be depicted on the site plan and described in operational statement. If it is not, it is not allowed on the site. 52. If video surveillance cameras are required or installed, provide signs under the surveillance cameras which notify the public that the subject property is monitored by video surveillance. FEES (Not all fees will be applicable to all projects. Please reach out to Frank Saburit at (559) 621-8797 for fee questions.) 53. NOTICE TO PROJECT APPLICANT: In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. 54. CITYWIDE DEVELOPMENT IMPACT FEES a) Traffic Signal Charge (Fresno Municipal Code Section 12-4.1101 to 12-4.1103) This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest Master Fee Schedule. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit. b) Fire Facilities Fee (Fresno Municipal Code Section 12-4.901 to 12-4.906) (based on building square footage, or residential units) c) Police Facilities Fee (Fresno Municipal Code Section 12 -4.801 to 12-4.806) (based on building square footage, or residential units). d) Parks Facilities Fee (Fresno Municipal Code Section 12 -4.701 to 12-4.706) (based on the number of residential units) 55. CITYWIDE REGIONAL AND NEW GROWTH MAJOR STREET IMPACT FEES (Fresno Municipal Code Section 12-4.1006). Conditions of Approval Development Permit Application No. P23-00149 June 18, 2025 Page 11 of 12 a) Street Impact Fees shall be due and payable at the time of building permit issuance unless otherwise required by State law. b) Street Impact Fees will be a condition on all development entitlements granted. 56. FRESNO COUNTY FACILITY IMPACT FEE Fresno County adopted a Facilities Impact Fee, but the requirement to pay this fee was subsequently suspended by Fresno County. If the fee has been reinstated at the time of issuance of building permits for this project, or an alternative fee system has been adopted by Fresno County, proof of payment or payment of this fee will be required for issuance of building permits. 57. REGIONAL TRANSPORTATION MITIGATION FEE (RTMF) Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext. 200; www.fresnocog.org. Provide proof of payment or exemption prior to issuance of certificate of occupancy. 58. SCHOOL FEES School fees must be paid, if required, prior to the issuance of building permits. Contact the applicable school district to obtain fee amount. Provide proof of payment (or no fee required) prior to the issuance of building permits. 59. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) FEES a) A FMFCD Development Fee is required for review of proposed development projects, including applications for plan amendments, rezones, special permits, subdivisions, and grading plans. This fee is based on project acreage and must be paid directly to FMFCD in order for that agency to review projects and provide a Notice of Requirements. For more information, contact the FMFCD at (559) 456-3292. b) FMFCD drainage fees are due, if required, prior to issuance of building permits and are payable at the rate in place at the time of building permit issuance. Unpaid drainage fee obligations that were unpaid for a prior project at the site of a new project must be satisfied by the developer of the new project. Drainage fees may be paid at the Planning and Development Department prior to, or at the time of building permit issuance. They may also be paid directly to FMFCD, and proof of payment provided to the City, in order to obtain construction permits. 60. SEWER CONNECTION CHARGES (Fresno Municipal Code Section 6-304(a)). The following sewer connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New sewer connection charges adopt ed by the Council prior to the issuance of building permits may also be applied. a) Lateral Sewer Charge (based on property frontage to a depth of 100’) b) Oversize Sewer Charge (based on property frontage to a depth of 100’) c) Wastewater Facilities Charge d) Trunk Sewer Charge Effective January 9, 1999, Ordinance No. 98-97 also amended certain sewer connection charges. Fresno Municipal Code Article 15, Section 12 provides property owners the incentives and deletes certain sewer connection charges pursuant to the Simple Tiered Equity Program (STEP) and the Employment Development Program (EDP). For additional information on the STEP and EDP, contact the Department of Public Utilities, Administration Division at (559) 621-8600. 61. WATER CONNECTION CHARGES: (Fresno Municipal Code Sections 6-507 to 6-513). The following water connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New water connection charges adopted by the Council prior to issuance of building permits may also be applied. a) Frontage Charge (based on property frontage) b) Service Charges (based on service size required by applicant) Conditions of Approval Development Permit Application No. P23-00149 June 18, 2025 Page 12 of 12 c) Meter Charges (based on service need) d) Water Capacity fee (based on size of meter) 62. Deferment of the payment of Citywide development impact fees for Fire, Police, Parks, Streets, and Traffic Signals is available for projects located within the Downtown Priority Areas in accordance with the provisions of City of Fresno Resolutions Nos. 2009-265 and 2010-19. PUBLIC WORKS DEPARTMENT GENERAL NOTES (to be added to the site plan) 63. Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice land surveying in the State of California. 64. Repair all damaged and/or off-grade concrete street improvements as determined by the Construction Management Engineer, prior to occupancy. 65. Two working days before commencing excavation operations within the street right -of-way and/or utility easements, all existing under-ground facilities shall have been located by underground services. 66. The performance of any work within the public street right-of-way requires a street work permit prior to commencement of work. All required street improvements must be completed and accepted by the City prior to occupancy. 67. Contact the Public Works Department, Traffic Engineering at (559) 621 -8800, 10 working days prior to any offsite concrete construction. 68. For Standard Drawings Click Here 69. For Traffic Planning’s website with useful links, additional notes, sample of legend, Parking Manual and Traffic Study Checklist Click Here. 70. Traffic Planning Checklist Click Here. 71. For Traffic Study questions please contact Jill Gormley at (559) 621 -8792 or via email at Jill.Gormley@fresno.gov. DEPARTMENT OF PUBLIC UTILITIES MEMORANDUM DATE: March 27, 2023 TO: JOHN GEORGE – Planner III Planning & Development Department – Current Planning FROM: DEJAN PAVIC, PE, Projects Administrator Department of Public Utilities – Utilities Planning & Engineering SUBJECT: DPU WATER CONDITIONS OF APPROVAL FOR P23-00149 CENTRAL TRANSPORT RELOCATION – APN 329-100-52 (Note: cross-reference to P21-05870) General Requirements 1. Engineered improvement plans, prepared by a Registered Civil Engineer, if necessary, shall be submitted for Department of Public Utilities review and approval. 2. All Department of Public Utilities facilities shall be constructed in accordance with The Department of Public Works standards, specifications, and policies. 3. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 4. Street work permit is required for any work in the Right -of-Way. 5. All underground utilities shall be installed prior to permanent street paving. Water Service Requirements The nearest water main to serve the Project is a 14-inch water main located in South Cherry Avenue. Water facilities are available to provide service to the Project subject to the following requirements: 1. On-site water facilities shall be private. 2. Installation of a new water meter(s) and a new water service(s) shall be required. 3. The applicant shall be financially responsible for abandonment of any unused water services previously installed to the property. 4. Destroy any existing on-site well(s) in compliance with the State of California Well Standards, Bulletins 74-81 and 74-90, or current revisions, issued by California DPU CONDITIONS OF APPROVAL FOR P23-00149 CENTRAL TRANSPORT RELOCATION – APN 329-100-52 (Note: cross-reference to P21-05870) March 27, 2023 Page 2 of 4 Department of Water Resources, Fresno County standards, and City of Fresno standards. Applicant shall comply with Fresno Municipal Code (FMC) Section 6- 518, as may be amended from time to time. Water Supply Requirements 1. The applicant shall be required to pay Water Capacity Fee charges for the installation of new water services and meters to serve the Project. a. The Water Capacity Fee charge assessed to the applicant shall be based on the number and size of service connections and water meters required to serve the Project. b. The Water Capacity Fee charges by meter size are defined in the City’s Master Fee Schedule (MFS). c. The City reserves the right to require an applicant to increase or decrease the size of a water meter for the Project to ensure that it is properly sized to accommodate fire protection requirements, and to allow for accurate volumetric flow measurements at low- and high-flow conditions. d. The Water Capacity Fee Charge for any new or expanded service connection shall be payable prior to the issuance of a building permit at the fee level in effect on the date such permit is issued. 2. The applicant shall be required to pay all other water-related fees and charges in accordance with the City’s MFS and FMC. Sewer Requirements The nearest sanitary sewer main to serve the Project is a 12-inch sewer main in South Cherry Avenue. Sanitary sewer facilities are available to provide service to the Project subject to the following requirements: 1. Installation of new sewer service branch(es) shall be required. 2. On-site sanitary sewer facilities shall be private. 3. All existing on-site private septic systems (including septic tanks) shall be destroyed and abandoned in compliance with the State of California standards, Fresno County standards, and City of Fresno standards, as may be amended from time to time. All sewer connections and sewer main extensions shall comply with FMC Section 6 - 303(a), as may be amended from time to time. 4. The applicant shall be financially responsible for abandonment of any unused sewer services previously installed to the property. DPU CONDITIONS OF APPROVAL FOR P23-00149 CENTRAL TRANSPORT RELOCATION – APN 329-100-52 (Note: cross-reference to P21-05870) March 27, 2023 Page 3 of 4 Sanitary Sewer Fees The following Sewer Connection Charges are due a nd shall be paid for the Project: 1. Lateral Sewer Charge. 2. Oversize Sewer Charge. 3. Wastewater Facility Sewer Charge (Non-Residential). 4. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility Charges per FMC Sections 6-304 and 6-305. Sewer Facility Charges consist of two components: A Wastewater Facilities Charge and Trunk Sewer Charge, where applicable. 5. Sewer Facility Charges are collected after occupancy on a monthly basis, based on metered usage (water or sewer effluent). The applicant may contact the Department of Public Utilities/Wastewater-Environmental Control at (559) 621-5153 to receive an estimated cost of the Sewer Facility Charges applicable to the Project (based on a constant sewer discharge and loading (Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the current rates in effect at that time, per City of Fresno MFS. The applicant shall provide data regarding estimated sewer discharge rates (flow) and loading (BOD/TSS levels) required for calculating the estimated charges. Solid Waste Requirements The following are Solid Waste Requirements for the purpose of establishing City solid waste service policies for office/commercial space. These service requirements apply to all office/commercial complexes within the City of Fresno. 1. This location is serviced by a Commercial Solid Waste Franchisee. For service information, please contact Mid Valley Disposal at (559) 237-9425. 2. All office/commercial complexes are required to subscribe for recycling services, per FMC 9-405.1. Recycling services may be provided by the City of Fresno or any private recycling service provider. Recycling services must include , at the minimum, cardboard, newspaper, paper, glass, plastics, beverage containers, and metal recycling. 3. All trash and recyclable material must be placed in approved containers, per FMC 9-404. At no time may trash and recyclable material be placed on the ground or pavement. DPU CONDITIONS OF APPROVAL FOR P23-00149 CENTRAL TRANSPORT RELOCATION – APN 329-100-52 (Note: cross-reference to P21-05870) March 27, 2023 Page 4 of 4 4. Bin enclosures, if provided on site, must be used exclusively for the stor age of trash and recycling bins, per The Public Works Standard Specifications P-33 and P-34. 5. This Project will generate 30.9 cubic yards per week per the proposed use and square footage of the buildings. Therefore, this location will require 3 (three) 2- cell trash enclosures, designed to accommodate separate facilities containing 2 (two) – 4 cu. yd. bins, one for trash and one for recycling collection to be constructed to current (Public Works Standard Specifications) Solid Waste Standards (P-33, P-34, and P-95) to be serviced twice a week. 6. Service Route Permits and Location Permits are required for all private trash company services within the City of Fresno per FMC 9-408. All private company trash service arrangements must be pre-approved through Solid Waste Management Division. 7. The applicant will need to provide a 44-foot (centerline) turning radius at all corners and a T-turnaround (or hammerhead) area where the solid waste vehicle is to turn around. 8. Americans with Disability Act (ADA) requirement for office/commercial complexes (developments): The applicant shall install (construct) a trash enclosure(s) for the Project that complies with the City’s ADA requirements as defined in the City’s Standard Drawings, Details and Specifications. 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arch 21, 2023 PUBLIC AGENCY JOHN GEORGE PLANNING & DEVELOPMENT DEPARTMENT CITY OF FRESNO 2600 FRESNO STREET FRESNO, CA 93721-3604 DEVELOPER KELSEY GEORGE, PRECISION CIVIL ENGINEERING 1234 O FRESNO CA 93721 Drainage Area(s) Preliminary Fee(s) AV $456,578.00 Development Review Service Charge(s)Fee(s) NOR Review $541.00 To be paid prior to release of District comments to Public Agency and Developer. Grading Plan Review $2,752.00 Amount to be submitted with first grading plan submittal. Storm Drain Plan Review For amount of fee, refer to www.fresnofloodcontrol.org for form to fill out and submit with first storm drain plan submittal (blank copy attached). Total Drainage Fee: $456,578.00 Total Service Charge: $3,293.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. Pursuant to the District’s Development Review Fee Policy, the subject project shall pay review fees for issuance of this Notice of Requirements (NOR) and any plan submittals requiring the District’s reviews. The NOR fee shall be paid to the District by Developer before the Notice of Requirement will be submitted to the City. The Grading Plan fee shall be paid upon first submittal. The Storm Drain Plan fee shall be paid prior to return/pick up of first submittal. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid through 3/07/24 based on the site plan submitted to the District on 3/03/23 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a.) Fees related to undeveloped or phased portions of the project may be deferrable. b.) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c.) Creditable storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d.)The actual cost incurred in constructing Creditable drainage system facilities is credited against the drainage fee obligation. e.)When the actual costs incurred in constructing Creditable facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. f.) Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the General Manager of the District within 60 days from payment of the fee. A non refundable $300 Administration fee or 5% of the refund whichever is less will be retained without fee credit. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS File No. 210.412 Page 1 of 4 Approval of this development shall be conditioned upon compliance with these District Requirements. 1.a.Drainage from the site shall X b.Grading and drainage patterns shall be as identified on Exhibit No. 1 c.The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2.The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER. None required. 3.The following final improvement plans and information shall be submitted to the District for review prior to final development approval: X Grading Plan X Street Plan X Storm Drain Plan Water & Sewer Plan Final Map Drainage Report (to be submitted with tentative map) Other None Required 4.Availability of drainage facilities: a.Permanent drainage service is available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet(s). b.The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c.Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. d.See Exhibit No. 2. 5.The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. 6.The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 7.The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a.State General Permit for Storm Water Discharges Associated with Construction Activities, effective July 1, 2010, as amended. A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre) if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent and Permit Registration Documents to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. b.State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 2014 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. c.The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 8.A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9.The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. Brent Sunamoto Gary W. Chapman District Engineer, RCE Engineering Tech III Digitally signed by Brent Sunamoto Date: 3/21/2023 8:41:25 AM Digitally signed by Gary W. Chapman Date: 3/17/2023 9:19:57 AM CC: CROWN ENTERPRISES INC P O BOX 869 WARREN MI 48090 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 Pursuant to the District's Development Review Fee Policy, the subject project shall pay review fees in the amount identified below for Storm Drain Review. The fee shall be paid to the District by Developer with first plan submittal. Checks shall be made out to Fresno Metropolitan Flood Control District. Application No. Name / Business FR DPA 2023-00149 Project Address Project APN(s) Project Acres (gross) KELSEY GEORGE, PRECISION CIVIL ENGINEERING S. CERRY AVE BETWEEN NORTH AVE AND CENTRAL AVE 329-100-52 15.46 Please fill in the table below of proposed storm drain facilities to be constructed with this development and return completed form with first plan submittal. If you have any questions or concerns regarding the construction of facilities list, you can contact the Fresno Metropolitan Flood Control District at 559-456-3292. Description Qty Unit Price Amount Estimated Construction Cost Amount Due $375.00 plus 3% of the estimated construction costs Total ($300.00 gross per acre)$4,638.00 Fee equals lesser of Description Qty Unit Price Amount Storm Drain Facilities Cost Sheet 15" Concrete Pipes $127.00 LF 18" Concrete Pipes $134.00 LF 24" Concrete Pipes $151.00 LF 30" Concrete Pipes $179.00 LF 36" Concrete Pipes $222.00 LF 42" Concrete Pipes $258.00 LF 48" Concrete Pipes $300.00 LF 54" Concrete Pipes $366.00 LF 60" Concrete Pipes $431.00 LF 66" Concrete Pipes $509.00 LF 72" Concrete Pipes $587.00 LF 84" Concrete Pipes $656.00 LF 96" Concrete Pipes $711.00 LF 15" Jacked Pipes $1,026.00 LF 18" Jacked Pipes $1,091.00 LF 24" Jacked Pipes $1,298.00 LF 30" Jacked Pipes $1,512.00 LF 36" Jacked Pipes $2,100.00 LF 42" Jacked Pipes $2,537.00 LF 48" Jacked Pipes $2,661.00 LF 54" Jacked Pipes $2,834.00 LF 60" Jacked Pipes $2,916.00 LF 66" Jacked Pipes $3,083.00 LF 72" Jacked Pipes $3,214.00 LF 84" Jacked Pipes $3,397.00 LF Manholes $6,100.00 EA Inlets & Laterals $4,800.00 EA Outfalls $16,300.00 EA Canal Turnout $30,000.00 EA Basin Excavation $1.00 CY IMPROVEMENTS ADJACENT TO BASIN Fence, Pad, and Gate $40.00 LF Mowstrip $20.00 LF Arterial Paving $109.00 LF Local Paving $53.00 LF Curb and Gutter $40.00 LF Sidewalk $93.00 LF Sewer Line $30.00 LF Water Line $31.00 LF Street Lights $70.00 LF Pump Station/Intake $550,000.00 EA 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 "ð"ð"ð"ð"ð"ð"ð"ð+^+^rSTATE ROUTE 41 ''AV'' r rFR DPA 2023-00149 rrr''EXEMPT'' ''AV''''AW2'' APN: 329-100-52 rAPN: 329-100-01 NORTH AVE CHERRY AVENorth Central No. 26Cherry Ave. - N. Br. No. 313BASIN ''AW2'' 244236 3 0 24 603024 483024 F R E S N O M E T R O P O L I T A N F L O O D C O N T R O L D I S T R I C TEXHIBIT NO. 1 FR DPA 2023-00149 Prepared by: davide Date: 3/17/2023 Path: K:\Autocad\DWGS\0EXHIBIT\CITYDPA\2023-00149.mxd O 1 " = 4 00 ' DRAINAGE AREA "AV" NOTE: THIS MAP IS SCHEMATIC.DISTANCES, AMOUNT OF CREDITABLEFACILITIES, AND LOCATION OF INLETBOUNDARIES ARE APPROXIMATE. Creditable Facilities (Master Plan Fac ilities To Be Constr uctedBy Developer) - Pipeline (Size Sh own) & InletExisting Master Plan Facilities Fu tu re Master Plan Facilities Inlet Boun dary Drainage Area Bound ary Existing Temporary Inlet+^ Existing Master Plan Ou tfall Private Facilitiesð Existing FID Facilities Direction Of Drainager LEGEND Limits Of FR DPA 2023-00149 Minimum 20' Wide Storm Drain Easemen t To Be D ed icated To District The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that developer’s Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District. DPA 2023-00149 is required to grant a drainage covenant for APN 329-100-01 to allow surface runoff to reach proposed Master Planned facilities as shown on Exhibit No. 1. The developer shall dedicate a minimum twenty-foot (20') wide storm drain easement as shown on Exhibit No. 1 as a condition of development for DPA 2023-00149. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. If the project is proposing a depressed loading dock (below grade connection) with a direct or private connection to the District system, a signed agreement between the property owner and District is required. Said agreement will require annual reporting and inspection. In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain system. The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff. Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be treated before discharging it off-site or into a storm drain. Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas shall not be connected to the District’s system. Loading docks, depressed areas, and areas servicing or fueling vehicles are specifically subject to these requirements. The District’s policy governing said industrial site NPDES program requirements is available on the District’s website at: www.fresnofloodcontrol.org or contact the District’s Environmental Department for further information regarding these policies related to industrial site requirements. Development No.FR DPA No. 2023-00149 OTHER REQUIREMENTS EXHIBIT NO. 2 March 23, 2023 John George City of Fresno Planning and Development Department 2600 Fresno Street, Room 3043 Fresno, CA 93721 Project: Development Permit Application No. P23-00149, Crown Enterprises, Inc. District CEQA Reference No: 20230246 Dear Mr. George: The San Joaquin Valley Air Pollution Control District (District) has reviewed the Development Permit Application (DP) from the City of Fresno (City) for the Crown Enterprises, Inc. project. Per the DP, the project consists of the development of a long- term regional facility providing freight services that will include the construction of a 3,200 square foot administrative office, 68,570 square feet cross dock transfer platform, 11,880 square foot fleet maintenance shop, a 3,494 square foot office, parking for 29 fleet tractors, 150 fleet trailers, 84 automobiles, and a diesel fuel system (Project). The Project is a relocation of an existing facility and will be relocated west of Cherry Avenue between North Avenue and Central Avenue in Fresno, CA. The Project lies within one of the communities in the state selected by the California Air Resources Board (CARB) for investment of additional air quality resources and attention under Assembly Bill (AB) 617 (Garcia) in an effort to reduce air pollution exposure in impacted disadvantaged communities. The District offers the following comments regarding the Project: Assembly Bill 617 AB 617 requires CARB and air districts to develop and implement Community Emission Reduction Programs (CERPs) in an effort to reduce air pollution exposure in impacted disadvantaged communities, like those in which the Project is located. The South Central Fresno AB 617 community is one of the statewide communities selected by CARB for development and implementation of a CERP. San Joaquin Valley Air Pollution Control District Page 2 of 13 District Reference No: 20230246 March 23, 2023 Following extensive community engagement and collaboration with the Community Steering Committee, the CERP for the South Central Fresno Community was adopted by the District’s Governing Board in September 2019 and by CARB in February 2020. During the development of the CERP, the Community Steering Committee expressed concerns regarding the proximity of emission sources to nearby sensitive receptors like schools, homes, day care centers, and hospitals, and the potential future industrial development within the community that may exacerbate the cumulative exposure burden for community residents. The Community Steering Committee also expressed the desire for more meaningful avenues of engagement surrounding the land-use decisions in the area. As these issues can most effectively be addressed through strong partnerships between community members and local land-use agencies. Furthermore, the District recommends the City assess the emission reductions measures and strategies included in the CERP and address them in the environmental assessment, as appropriate, to align the City work with the air pollution and exposure reduction strategies and measures outlined in the CERP. For more information regarding the CERP approved for South Central Fresno, please visit the District’s website at: http://community.valleyair.org/selected-communities/south-central-fresno Project Related Emissions At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8 -hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8 -hour ozone, PM10, PM2.5 standards. The documents submitted to the District does not provide sufficient informatio n to allow the District to assess the Project’s potential impact on air quality. As such, the environmental assessment should include a Project summary detailing, at a minimum, estimates of potential mobile and stationary emission sources, and proximity to sensitive receptors and existing emission sources. The District recommends that a more detailed preliminary review of the Project be conducted for the Project’s construction and operational emissions. Construction Emissions The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment. San Joaquin Valley Air Pollution Control District Page 3 of 13 District Reference No: 20230246 March 23, 2023 Operational Emissions Operational (ongoing) air emissions from mobile sources and stationary sources should be analyzed separately. For reference, the District’s significance thresholds are identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts: https://www.valleyair.org/transportation/GAMAQI.pdf . Recommended Mitigation Measure: At a minimum, project related impacts on air quality should be reduced to levels of significance through incorporation of design elements such as the use of cleaner Heavy Heavy-Duty (HHD) trucks and vehicles, measures that reduce Vehicle Miles Traveled (VMTs), and measures that increase energy efficiency. More information on transportation mitigation measures can be found at: https://ww2.valleyair.org/media/ob0pweru/clean-air-measures.pdf Project Trip Length for HHD Truck Travel The City’s environmental assessment should adequately characterize and justify an appropriate trip length distance for off -site HHD truck travel to and from the Project site. Based on the following factors: 1) the Project consists of a long-term regional facility providing freight services that have the ability to generate a high volume of HHD truck trips, and 2) HHD trucks generally travel further distances for distribution/freight services. The District recommends the environmental assessment include a discussion characterizing an appropriate trip length distance for HHD truck travel, and reflect such appropriate distance supported by project-specific factors. Recommended Model for Quantifying Air Emissions Project-related criteria pollutant emissions from construction and operational sources should be identified and quantified. Emissions analysis should be performed using the California Emission Estimator Model (CalEEMod), which uses the most recent CARB-approved version of relevant emissions models and emission factors. CalEEMod is available to the public and can be downloaded from the CalEEMod website at: www.caleemod.com. Health Risk Screening/Assessment The City should evaluate the risk associated with the Project for sensitive receptors (schools, residences, businesses, hospitals, day-care facilities, health care facilities, etc.) in the area and mitigate any potentially significant risk to help limit exposure of sensitive receptors to emissions. San Joaquin Valley Air Pollution Control District Page 4 of 13 District Reference No: 20230246 March 23, 2023 To determine potential health impacts on surrounding receptors a Prioritization and/or a Health Risk Assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health. Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the project, including multi-year construction, as well as ongoing operational activities of the project. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction, and from ongoing operation of heavy-duty on-road trucks. Prioritization (Screening Health Risk Assessment): A “Prioritization” is the recommended method for a conservative screening -level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology. The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation. To assist land use agencies and project proponents with Prioritization analyses, the District has created a prioritization calculator based on the aforementioned CAPCOA guidelines, which can be found here: http://www.valleyair.org/busind/pto/emission_factors/Criteria/Toxics/Utilities/PRIORI TIZATION-CALCULATOR.xls Health Risk Assessment: Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA. This step will ensure all components are addressed when performing the HRA. A development project would be considered to ha ve a potentially significant health risk if the HRA demonstrates that the project-related health impacts would exceed the District’s significance threshold of 20 in a million for carcinogenic risk, or 1.0 for either the Acute or Chronic Hazard Indices. A project with a significant health risk would trigger all feasible mitigation measures. The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency. San Joaquin Valley Air Pollution Control District Page 5 of 13 District Reference No: 20230246 March 23, 2023 The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:  HRA (AERMOD) modeling files  HARP2 files  Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies. For assistance, please contact the District’s Technical Services Department by:  E-Mailing inquiries to: hramodeler@valleyair.org  Calling (559) 230-5900 Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww3.arb.ca.gov/ch/handbook.pdf. Ambient Air Quality Analysis An Ambient Air Quality Analysis (AAQA) uses air dispersion modeling to determine if emissions increases from a project will cause or contribute to a violation of State or National Ambient Air Quality Standards. The District recommends an AAQA be performed for the Project if emissions exceed 100 pounds per day of any pollutant. An acceptable analysis would include emissions from both project-specific permitted and non-permitted equipment and activities. The District recommends consultation with District staff to determine the appropriate model and input data to use in the analysis. Specific information for assessing significance, including screening tools and modeling guidance, is available online at the District’s website: www.valleyair.org/ceqa. Voluntary Emission Reduction Agreement Criteria pollutant emissions may result in emissions exceeding the District’s significance thresholds, potentially resulting in a significant impact on air quality. When a project is expected to have a significant impact, the District recommends the environmental assessment also include a discussion on the feasibility of implementing a Voluntary Emission Reduction Agreement (VERA) for this Project. A VERA is a mitigation measure by which the project proponent provides pound-for- pound mitigation of emissions increases through a process that develops, funds, and San Joaquin Valley Air Pollution Control District Page 6 of 13 District Reference No: 20230246 March 23, 2023 implements emission reduction projects, with the District serving a role of administrator of the emissions reduction projects and verifier of the successful mitigation effort. To implement a VERA, the project proponent and the District enter into a contractual agreement in which the project proponent agrees to mitigate project specific emissions by providing funds for the District’s incentives programs. The funds are disbursed by the District in the form of grants for projects that achieve emission reductions. Thus, project-related impacts on air quality can be mitigated. Types of emission reduction projects that have been funded in the past include electrification of stationary internal combustion engines (such as agricultural irrigation pumps), replacing old heavy-duty trucks with new, cleaner, more efficient heavy-duty trucks, and replacement of old farm tractors. In implementing a VERA, the District verifies the actual emission reductions that have been achieved as a result of completed grant contracts, monitors the emission reduction projects, and ensures the enforceability of achieved reductions. After the project is mitigated, the District certifies to the Lead Agency that the mitigation is completed, providing the Lead Agency with an enforceable mitigation measure demonstrating that project-related emissions have been mitigated. To assist the Lead Agency and project proponent in ensuring that the environmental document is compliant with CEQA, the District recommends the environmental document includes an assessment of the feasibility of implementing a VERA. Industrial Project Emission Reduction Strategies The District recommends the City consider the feasibility of incorporating emission reduction strategies that can reduce potential harmful health impacts, such as those listed below:  Ensure solid screen buffering trees, solid decorative walls, and/or othe r natural ground landscaping techniques are implemented along the property line of adjacent sensitive receptors  Ensure all landscaping be drought tolerant  Orient loading docks away from sensitive receptors unless physically impossible  Locate loading docks a minimum of 300 feet away from the property line of sensitive receptor unless dock is exclusively used for electric trucks  Incorporate signage and “pavement markings” to clearly identify on-site circulation patterns to minimize unnecessary on-site vehicle travel  Locate truck entries on streets of a higher commercial classification  Ensure all building roofs are solar-ready  Ensure all portions of roof tops that are not covered with solar panels are constructed to have light colored roofing material with a solar reflective index of greater than 78 San Joaquin Valley Air Pollution Control District Page 7 of 13 District Reference No: 20230246 March 23, 2023  Ensure rooftop solar panels are installed and operated to supply 100% of the power needed to operate all non-refrigerated portions of the development project  Ensure power sources at loading docks for all refrigerated trucks have “plugin” capacity, which will eliminate prolonged idling while loading and unloading goods  Incorporate bicycle racks and electric bike plug-ins  Require the use of low volatile organic compounds (VOC) architectural and industrial maintenance coatings  Designate an area during construction to charge electric powered construction vehicles and equipment, if temporary power is available  Prohibit the use of non-emergency diesel-powered generators during construction  Inform the project proponent of the incentive programs (e.g., Carl Moyer Program and Voucher Incentive Program) offered to reduce air emissions from the Project Truck Routing Truck routing involves the assessment of which roads Heavy Heavy-Duty (HHD) trucks take to and from their destination, and the emissions impact that the HHD trucks may have on residential communities and sensitive receptors. Because the Project consists of a long-term regional facility providing freight services, there is potential for an increase in truck trips in the area. Additionally, the Project is located north of an elementary school (i.e., Orange Center Elementary School). The District recommends the City evaluate HHD truck routing patterns for the Project, with the aim of limiting exposure of residential communities and sensitive receptors (nearby school) to emissions. This evaluation would consider the current truck routes, the quantity and type of each truck (e.g., Medium Heavy-Duty, HHD, etc.), the destination and origin of each trip, traffic volume correlation with the time of day or the day of the week, overall Vehicle Miles Traveled (VMT), and associated exhaust emissions. The truck routing evaluation would also identify alternative truck routes and their impacts on VMT and air quality. Cleanest Available Heavy-Duty Trucks The San Joaquin Valley will not be able to attain stringent health-based federal air quality standards without significant reductions in emissions from HHD trucks, the single largest source of NOx emissions in the San Joaquin Valley. The District ’s CARB-approved 2018 PM2.5 Plan includes significant new reductions from HHD trucks, including emissions reductions by 2023 through the implementation of CARB’s Statewide Truck and Bus Regulation, which requires truck fleets operating in California to meet the 2010 standard of 0.2 g-NOx/bhp-hr by 2023. Additionally, San Joaquin Valley Air Pollution Control District Page 8 of 13 District Reference No: 20230246 March 23, 2023 to meet federal air quality attainment standards, the District’s Plan relies on a significant and immediate transition of HHD fleets to zero or near-zero emissions technologies, including the near-zero truck standard of 0.02 g/bhp-hr NOx established by CARB. Because the Project consists of a long-term regional facility providing freight services, there is potential for HHD trucks traveling to-and-from the project location at longer trip length distances. If the Project exceeds the District significance thresholds, the District recommends that the following measures be considered by the City to reduce Project-related operational emissions:  Recommended Measure: Fleets associated with operational activities utilize the cleanest available HHD trucks, including zero and near-zero (0.02 g/bhp- hr NOx) technologies.  Recommended Measure: All on-site service equipment (cargo handling, yard hostlers, forklifts, pallet jacks, etc.) utilize zero-emissions technologies. Reduce Idling of Heavy-Duty Trucks The goal of this strategy is to limit the potential for localized PM2.5 and toxic air contaminant impacts associated with the idling of Heavy-Duty trucks. The diesel exhaust from idling has the potential to impose significant adverse health and environmental impacts. Since the Project is expected to result in HHD truck trips, the District recommends the City include measures to ensure compliance of the state anti-idling regulation (13 CCR § 2485 and 13 CCR § 2480) and discuss the importance of limiting the amount of idling, especially near sensitive receptors (e.g. schools, residences, businesses, hospitals, day-care facilities, health care facilities, etc.). In addition, the District recommends the City consider the feasibility of implementing a more stringent 3- minute idling restriction and requiring appropriate signage and enforcement of idling restrictions. Electric On-Site Off-Road and On-Road Equipment Since the Project consists of a long-term regional facility providing freight services, the Project may have the potential to result in increased use of off -road equipment (e.g., forklifts) and on-road equipment (e.g., mobile yard trucks with the ability to move materials). The District recommends that the environmental review include requirements for project proponents to utilize electric or zero emission off-road and on-road equipment. San Joaquin Valley Air Pollution Control District Page 9 of 13 District Reference No: 20230246 March 23, 2023 Vegetative Barriers and Urban Greening There are residential units and an elementary school (i.e., Orange Center Elementary School) located south of the Project. The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g., residential units, and elementary school). While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a pop ulation’s exposure to air pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a higher and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is also a way to help improve air quality and public health in addition to enhancing the overall beautification of a community with drought tolerant, low-maintenance greenery. On-Site Solar Deployment It is the policy of the State of California that renewable energy resources and zero - carbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project. Electric Vehicle Chargers To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations. Please visit www.valleyair.org/grants/chargeup.htm for more information. San Joaquin Valley Air Pollution Control District Page 10 of 13 District Reference No: 20230246 March 23, 2023 District Rules and Regulations The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes. The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888. District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT). This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888. District Rule 9510 - Indirect Source Review (ISR) The Project is subject to District Rule 9510 because it will receives a project- level discretionary approval from a public agency and will equal or exceed 25,000 square feet of light industrial space. The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation projects from mobile and area sources; specifically, the emissions associated with the construction San Joaquin Valley Air Pollution Control District Page 11 of 13 District Reference No: 20230246 March 23, 2023 and subsequent operation of development projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their projects. Should the proposed development project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive projects to achieve off-site emissions reductions. Per Section 5.0 of the ISR Rule, an Air Impact Assessment (AIA) application is required to be submitted no later than applying for project -level approval from a public agency. Currently for this Project, the District has received and approved an AIA application (ISR project #20220510). Information about how to comply with District Rule 9510 can be found online at: http://www.valleyair.org/ISR/ISRHome.htm. The AIA application form can be found online at: http://www.valleyair.org/ISR/ISRFormsAndApplications.htm. District staff is available to provide assistance and can be reached by phone at (559) 230-5900 or by email at ISR@valleyair.org. District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants) In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at: http://www.valleyair.org/busind/comply/asbestosbultn.htm. District Rule 4601 (Architectural Coatings) The Project may be subject to District Rule 4601 since it may utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs. The purpose of this rule is to limit VOC emissions from architectural coatings. In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at: http://www.valleyair.org/rules/currntrules/r4601.pdf San Joaquin Valley Air Pollution Control District Page 12 of 13 District Reference No: 20230246 March 23, 2023 District Regulation VIII (Fugitive PM10 Prohibitions) The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities. Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950. The application for both the Construction Notification and Dust Control Plan can be found online at: https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx Information about District Regulation VIII can be found online at: http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm Other District Rules and Regulations The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). San Joaquin Valley Air Pollution Control District Page 13 of 13 District Reference No: 20230246 March 23, 2023 District Comment Letter The District recommends that a copy of the District’s comments be provided to the Project proponent. If you have any questions or require further information, please contact Matt Crow by e- mail at Matt.Crow@valleyair.org or by phone at (559) 230-5931. Sincerely, Brian Clements Director of Permit Services For: Mark Montelongo Program Manager Exhibit L BlackstoneTemperanceFowlerClovisPeachChestnutFirstCedarDeWolfPalmWestBrawleyCorneliaHayesGrantlandChateau FresnoMarksDeWolfTemperanceFowlerClovisPeachChestnutCedarEastElmWalnutWestMarksBrawleyCorneliaHayesGrantlandGarfieldBryanPolkBlytheValentineHughesFruitCherryOrangeMapleWillowMinnewawaSunnysideArmstrongLocanLocanArmstrongSunnysideMinnewawaWillowMapleMillbrookFresnoMaroaFruitVan NessValentineBlythePolkBryanGarfieldBullard Shaw Ashlan Shields McKinley Belmont Whites Bridge California Jensen North Central American Nees Clinton Alluvial Copper Behymer Shepherd Nees Herndon Bullard Ashlan McKinley Belmont California Jensen North Central American Shaw Kings Canyon Shields Herndon Gettysburg Dakota Sierra Barstow Olive Nielsen Kearney Church Annadale Muscat Malaga Malaga Muscat Annadale Church Butler Tulare Olive Clinton Dakota Gettysburg Barstow Sierra Alluvial Teague Perrin International Martin L KingXY |ÿ41 |ÿ41 |ÿ41 |ÿ41 |ÿ99 |ÿ99 |ÿ168 |ÿ180 |ÿ180 |ÿ99 |ÿ99 |ÿ168 |ÿ180 LEGEND TRUCK ROUTE FREEWAY COUNTY PERMIT ROUTE EXISTING TRUCK ROUTE FUTURE FREEWAY MAJOR STREETS FUTURE PLANNED TRUCK ROUTE CITY LIMITSNot to Scale CITY OF FRESNO Designated Truck RoutesDesignated Truck Routes Note: Commercial vehicles exceeding twelve thousand (12,000) pounds maximum gross weight are restricted to designated truck routes. Certain exceptions may be permitted pursuant to California Vehicle Code sec. 35701 and Fresno Municipal Code Section 10-1303. Call 559-621-8683 or 559-621-8800 for additional information. Effective September 25, 2005 ® 012340.5 Miles City of Fresno Waste Water Treatment Plant Clovis City Limits |ÿ41 |ÿ180 |ÿ99 |ÿ99 G S t. B FIRSTM S t. BELMONT 41 HWYH O S t . G S T P S t. E S T H St.EASTA S T R St. C S T TULARE180 FW YG FRESNOB St.VENTURA St.TUOLUMNE STINYO St.V A N N E S S A V E B S TTHORNE 9 9 H WY O S T CALIFORNIAPALM MCKENZIE STANISLAUS St.VAN NESSAMADOR ABBYFRESNO St.ELMNIELSEN SAN PABLOBUTLER MONO STKEARNEY BLVD FULTON AVEWE B E R V E N T U R ABLACKSTONE G O L D E N S T A T E B L V D TULARE ST B R O A D WA Y TRINITYFULTONWHITESBRIDGE One Way WALNUTP STSAN BENITODIVISADERO ELM AVEMLK BLVD.EL DORADOC St.TULARE St.0 St. R AIL R O A D A V E KEARNEY STANISLAUSDIVISADERO St.LOS ANGELESB R O A D WA Y A V E CALIFORNIA AVEROOSEVELTBROADWAY VENTURA C S TTHORNE G OLD E N STATE BLV D FRESNO41 HWY1 8 0 F W Y PALM41 HWYP S t. CALIFORNIAABBYVAN NESSH St. V A N N E S S A V E 4 1 H WY B St. B St. 1 8 0 F W Y FRESNO St.M St.SAN PABLOLEGEND CITY_TRUCK_ROUTES FREEWAY EXISTING TRUCK ROUTE MAJOR STREET FUTURE PLANNED TRUCK ROUTE PUBLIC WORKS PUBLIC WORKS TRAFFIC ENGINEERINGTRAFFIC ENGINEERING DOWNTOWN FRESNO TRUCK ROUTESDOWNTOWN FRESNO TRUCK ROUTES Designated Truck Routes Note: Commercial vehicles exceeding twelve thousand (12,000) pounds maximum gross weight are restricted to designated truck routes. Certain exceptions may be permitted pursuant to California Vehicle Code Sec. 35701 and Fresno Municipal Code Section 10-1303. Call 559-621-8683 or 559-621-8800 for additional information. Effective September 25, 2005 Exhibit M Downtown Planning Area Phase 1 Bus Rapid Transit Corridors (BRT) Inll Opportunity Zones (IOZ) Blackstone BRT Corridor Ventura Kings Canyon BRT Corridor Phase 2 Bus Rapid Transit Corridors (BRT) Shaw BRT Corridor California BRT Corridor IOZ South Industrial Priority Area South Industrial Priority Area 180 41 99 168 180 99 41 Figure IM-1: Priority Areas forDevelopment Incentives Planning Area Sphere of Inuen ce City Limits Source: City of Fresno, 2014. 0 2 4 MILES 11/2 Downtown SHAW AVE SHAW AVE HERNDON AVE HERNDON AVE BLACKSTONE AVEWILLOW AVEASHLAN AVE SHIELDS AVE MCKINLEY AVECEDAR AVESHIELDS AVESHIELDS AVE ASHLAN AVE MCKINLEY AVE KINGS CANYON RD HIGHLAND AVEKINGS CANYON RD OLIVE AVE OLIVE AVE BUTLER AVE JENSEN AVE NORTH AVENORTH AVE JENSEN AVE KEARNEY BLVD BELMONT AVE BELMONT AVE BULLARD AVE NEES AVE SHEPHERD AVE GRANTLAND AVEGARFIELD AVEBLYTHE AVEBLYTHE AVEBRAWLEY AVEMARKS AVECLINTON AVEBRAWLEY AVEPOLK AVEMARKS AVEWEST AVEPALM AVEWE B E R A V E G O L D E N S TATE B LV D FRESNO STWALNUT AVEFIG AVECENTRAL AVE AMERICAN AVE PEACH AVECEDAR AVECHESTNUT AVECHESTNUT AVECLOVIS AVECLOVIS AVEFOWLER AVETEMPERANCE AVEJENSEN AVETEMPERANCE AVEFIRST STFIRST STBLACKSTONE AVEFRESNO STG O L D E N S T A T E B L V D H S T VAN NESS AVEBARSTOW AVE F R IANT R D CALIFORNIA AVE FRUIT AVEDE WOLFE AVECOPPER AVE F T W ASHINGTON RDFIRST STASHLAN AVE FOWLER AVEMAROA AVECHURCH AVE ANNADALE ELM AVECHERRY AVEEAST AVEORANGE AVEMAPLE AVEWILLOW AVEFRUIT AVEWEST AVEHUGHES AVECLINTON AVE CLINTON AVE DAKOTA AVEVAN NESS AVEALLUVIAL AVE BEHYMER AVE PERRIN AVE TEAGUE AVE GETTYSBURG AVEGETTYSBURG AVEVETERANS AUDUBO N DR BRYAN AVEHAYES AVECORNELIA AVEVALENTINE AVECHESTNUT AVETULARE AVE MCKINLEY AVEGATES AVEBULLARD AVE WHITESBRIDGE AVE MAPLE AVELANE Fresno YosemiteInternationalAirport CaliforniaState UniversityFresno Fresno-ClovisRegional WastewaterReclamation Facility (RWRF)San Jo a quin Rive r Exhibit N .2026/0000/27CITY OF FRESNONOTICE OF INTENT TO ADOPT AMITIGATED NEGATIVE DECLARATIONFlLEDAPPLICANT:MAY 2 2 2025 TIMEFRESNOBy.DEPUTYPROJECT LOCATION:The full Initial Study is on file in the Planning and Development Department, Fresno City Hall, 3rd Floor, Room 3043, 2600 Fresno Street, Fresno, CA 93721.Site Latitude: 36041’16.2168” NSite Longitude: 119°46’55.47” WMount Diablo Base & Meridian, Township 14S, Range 20E, Section 27Located on the west side of South Cherry Avenue between East North and East Central Avenues in the City and County of Fresno, California (See Exhibit A - Vicinity Map)APN(s): 329-100-52, 329-100-01 (Project development area)329-100-51 329-100-52,329-100-51, 329-100-01, 329-080- 28,329-080-11, 329-080-10 , 329-180-19, 329-180-18, 329- 180-12, 329-180-09, 329-180-07,329-180-33, 329-180-28, 329-180-30, 329-180-32,329-080-30, 329-180-16, 329-1 DO- 44, and 329-100-03 (Within annexation boundary, outside of development area)Bonique Emerson Precision Civil Engineering 1234 O StreetFresno, CA 93721ENVIRONMENTAL ASSESSMENT FOR P21-05778/P21- 05870/P23-00149Filed with the FRESNO COUNTY CLERK2220 Tulare Street, Fresno, CA 937212270ERK E2025/00/2-PROJECT DESCRIPTION:With mitigation imposed under the Project Specific Mitigation Measure Checklist, there is no substantialAll new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment. It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures.The completed Appendix G/Initial Study Checklist, its associated narrative, technical studies and mitigation measures reflect applicable comments of responsible and trustee agencies and research and analyses conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the project application and its related environmental assessment application, responses to requests for comment, checklist, Initial Study narrative, and any attachments thereto, combine to form a record indicating that an Initial Study has been completed in compliance with the State CEQA Guidelines and the CEQA.Pursuant to the California Public Resources Code (PRC) §§ 21093 and 21094 and California Environmental Quality Act (CEQA) Guidelines §§ 15070 to 15075, 15150, and 15152, this project has been evaluated with respect to each item on the attached Appendix G/Initial Study Checklist to determine whether this project may cause any additional significant effect on the environment. After conducting a review of the adequacy of the Project Specific Mitigation Measure Checklist and CEQA Guidelines §§ 15151 and 15179(b), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred and that no new information has become available.The City of Fresno has prepared an Initial Study of the above-described project and proposes to adopt a Mitigated Negative Declaration.Bonique Emerson of Precision Civil Engineering, on behalf of Daniel Onifer of Crown Enterprises, has filed Annexation Application No. P21-05778, Pre-zone Application No. P21-05870, and Development Permit Application No. P23-00149 pertaining to approximately 80.91 acres of property located on the west side of South Cherry Avenue between East North and East Central Avenues.Annexation Application No. P21-05778 (for the North-Cherry No. 3b Reorganization) proposes detachment from the Kings River Conservation District and Fresno County Fire Protection District and annexation to the City of Fresno of approximately 80.91 acres.Pre-zone Application No. P21-05870 proposing to pre-zone: approximately 15.95 acres of the subject property from the County of Fresno AL 20 (Limited Agricultural) zone district to the City of Fresno IH (Heavy Industrial) zone district; and approximately 35.77 acres of the subject property from the County AL 20 (Limited Agricultural) zone district to the City of Fresno IH/ANX (Heavy Industrial/Annexed Rural Residential Transitional Overly) zone district.Development Permit Application No. P23-00149 proposing to construct a long-term regional facility for the purpose of providing less-than-truckload (LTL) freight services on approximately 15.95 acres of property. 22025/0000/278039 or via email at Juan.Lara@fresno.gov for more information.INITIAL STUDY PREPARED BY: SUBMITTED BY:Juan Lara, Planner IIIJuan Lara, Planner IIIDATE: 5/22/2025CITY OF FRESNOAttachments: Exhibit A - Vicinity MapAdditional information on the proposed project, including the Project Specific Mitigation Measure Checklist, proposed environmental finding of a Mitigated Negative Declaration and the Initial Study may be obtained from the Planning and Development Department, Fresno City Hall, 2600 Fresno Street, 3rd Floor, Room 3043, Fresno, California 93721 3604. Please contact Juan Lara at (559) 621-evidence in the record that this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant. The Planning and Development Department, as lead agency, finds that no substantial changes have occurred and that no new information has become available.Public notice has been provided regarding staff’s finding in the manner prescribed by § 15072 of the CEQA Guidelines and by § 21092 of the PRC Code (CEQA provisions).PLANNING AND DEVELOPMENT DEPARTMENTThe Initial Study has concluded that the proposed project will not result in any adverse effects, which fall within the "Mandatory Findings of Significance" contained in § 15065 of the State CEQA Guidelines. The finding is, therefore, made that the proposed project will not have a significant adverse effect on the environment.ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state (1) the commentor's name and address; (2) the commentor's interest in, or relationship to, the project; (3) the environmental determination being commented upon; and (4) the specific reason(s) why the proposed environmental determination should or should not be made. Any comments may be submitted at any time between the publication date of this notice and close of business on June 13, 2025. Please direct comments to Juan Lara, Planner III, City of Fresno Planning and Development Department, City Hall, 2600 Fresno Street, Room 3043, Fresno, California, 93721- 3604; or by email to Juan.Lara@fresno.gov.Based upon the evaluation guided by the Appendix G/Initial Study Checklist, it was determined that there are project specific foreseeable impacts which reguire project level mitigation measures. E2025/000027Exhibit A - Vicinity MapE North AveL‘E North Ave T,—=past -E North AveiIf® (41]J20QVALLLY IRON INC>41] E31£1OIIolIG3 41]INorth CentralNNWNELegendWE-----1IAnnexation AreaSW SES““Ij Project Development AreaIUEUVIRANC TEMPLE CURGGUADWARA NANAKSAR SAHIS____3 APPENDIX G/INITIAL STUDY FOR A MITIGATED NEGATIVE DECLARATION Environmental Checklist Form for: Environmental Assessment Application No. P21-05778/P21-05870/P23-00149 1. Project title: Environmental Assessment Application No. P21-05778/P21-05870/P23-00149. 2. Lead agency name and address: City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 3. Contact person and phone number: Juan Lara Planner III City of Fresno Planning and Development Department (559) 621-8039 4. Project location: 3253 S. Cherry Avenue, west side of South Cherry Avenue between East North and East Central Avenues, in Fresno, CA. (APN: 329-100-52 & 329-100-01) 5. Project sponsor's name and address: Crown Enterprises LLC Attn: Andrew Falzarano 12225 Stephens Road Warren, MI 48089 6. General & Community plan land use designation: General Plan: Current, Employment – Heavy Industrial. Proposed, no change. Specific Plan: North Avenue Industrial Triangle Specific Plan 7. Zoning: Current: AL-20 (Limited Agricultural, Fresno County). Proposed: IH (Heavy Industrial, City of Fresno). 8. Description of project: The proposed Project site is currently located in the unincorporated Fresno County, but within the Sphere of Influence (SOI) of City of Fresno. To accommodate the proposed Project, an Annexation approval, Pre-zone approval, and a Development Permit Application approval will be needed. Annexation Application No. P21-05778 requests authorization to initiate annexation proceedings for the North-Cherry No. 3b Reorganization proposing the incorporation of the subject property within the City of Fresno; and detachment from the Kings River Conservation District and the Fresno County Fire Protection District. The 80.91-acre annexation site also includes a portion of Highway 41 and the following APNs: • 329-100-44, -03, -51, -52, -01 • 329-080-28, -11, -10 • 329-180-19, -18, -12, -09, -16, -30, 28, -33, -07, -32 • 329-90-30 Pre-zone Application No. P21-05870 requests authorization to pre-zone approximately 51.72 acres of the subject property from the Fresno County AL 20 (Limited Agricultural) zone district to the City of Fresno HI (Heavy Industrial) zone district. APNs to be pre- zoned include: • 329-100-52, -51, 01, -44 • 329-080-28, -11, -10, -30 • 329-180-19, -18, 12, -09, -07, -33, -28, -30, -32, -16, Development Permit Application No. P23-00149 requests authorization to construct a long-term regional facility for the purpose of providing less-than-truckload (LTL) freight services on a 15.95-acre portion of the 80.91-acre annexation site (APNs 329-100-52 & -01). The development will consist of an approximately 3,200 square foot administrative office, approximately 68,570 square foot cross-dock transfer platform, approximately 11,880 square foot fleet maintenance shop, 3,494 square foot office, parking for up to 29 fleet tractors, up to 150 fleet trailers, up to 84 automobiles, and a diesel fuel system for fleet equipment. No development is proposed for the remaining 64.96 acres. The fuel system includes two dial sided fuel lanes with two single hose dispensers on each and one dual hose dispenser in the middle, for a total of three pumps. The system also has the following safety monitoring system: • Veeder Root Continuous Statistical Leak Detection (Csld) For Tls-450Plus • Veeder Root Risk Management: Digital Line Leak Detection For Tls-450Plus • Veeder Root Digital Pressurized Line Leak Detector Without Swiftcheck Valve, Ul • Veeder Root Overfill Alarm Box The Project construction will also include street lighting,landscaping, and connecting to the existing water and sewer main in South Cherry Avenue . Central Transport will operate 24 hours per day, Monday through Friday . Saturday operations are limited to night drivers returning (~7:00AM) from their Friday night shift). The facility will consist of approximately 90 employees. The Project includes a total of approximately 84 truck trips per day (42 entering and 42 exiting) and 120 passenger vehicle trips per day (60 entering and 60 exiting) Central Transport’s activities at this site will involve the unloading and transfer of freight, (such as retail, automotive, consumer good and industrial supply) from trailers incoming to the facility, and direct loading to trailers outbound to their destination. No outside storage of material will be required with this operation. 15.95 9. Surrounding land uses and setting: Planned Land Use Existing Zoning Existing Land Use North Heavy Industrial (City of Fresno) AL-20 – Limited Agricultural (Fresno County) Heavy Industrial East Heavy Industrial (City of Fresno) IH - Heavy Industrial (City of Fresno) Agricultural row crops South Heavy Industrial (City of Fresno) AL-20 – Limited Agricultural (Fresno County) Rural residence, Agricultural Land West State Hwy 41, Regional Business Park, Ponding Basin (City of Fresno) AL-20 – Limited Agricultural (Fresno County) State Hwy, Heavy Industrial 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Planning and Development Department, Building and Safety Services Division, Department of Public Works, Department of Public Utilities, Fire Department, Fresno Irrigation District, Fresno Metropolitan Flood Control District, County of Fresno Department of Community Health, County of Fresno Department of Public Works and Planning, and San Joaquin Valley Air Pollution Control District. 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code (PRC) Section 21080.3.1? If so, has consultation begun? The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the Cal ifornia Environmental Quality Act (CEQA) Guidelines. Pursuant to PRC Section 21080.3 .1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, c ultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1 -2)). According to the most recent census data, California is home to 109 currently recognized Indian tribes. Tribes in California currently have nearly 100 separate reservations or Rancherias. Fresno County has a number of Rancherias such as Table Mountain Rancheria, Millerton Rancheria, Big Sandy Rancheria, Cold Springs Rancheria, and Squaw Valley Rancheria. These Rancherias are not located within the city limits. Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process (See PRC Section 21083.3.2.). Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality. Currently, the Table Mountain Rancheria Tribe and the Dumna Wo Wah Tribe are required to be notified pursuant to Assembly Bill 52 (AB 52). A certified letter was mailed to the above-mentioned tribes on March 3, 2023. The 30-day comment period ended on April 3, 2023. Neither tribe requested consultation. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ☒ Aesthetics ☐ Agriculture and Forestry Resources ☐ Air Quality ☐ Biological Resources ☐ Cultural Resources ☐ Energy ☐ Geology/Soils ☐ Greenhouse Gas Emissions ☐ Hazards and Hazardous Materials ☐ Hydrology/Water Quality ☐ Land Use/Planning ☐ Mineral Resources ☐ Noise ☐ Population/Housing ☐ Public Services ☐ Recreation ☐ Transportation ☐ Tribal Cultural Resources ☐ Utilities/Service Systems ☐ Wildfire ☐ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: __ _ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. _X_ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ___ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required. ___ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addresse d by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed. ___ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ____________________________________________May 22, 2025_____ Juan Lara, Planner III Date City of Fresno, Planning and Development Department EVALUATION OF ADDITIONAL ENVIRONMENTAL IMPACTS: 1. For purposes of this Initial Study, the following answers have the corresponding meanings: a. “No Impact” means the specific impact category does not apply to the project, or that the record sufficiently demonstrates that project specific factors or general standards applicable to the project will result in no impact for the threshold under consideration. b. “Less Than Significant Impact” means there is an impact related to the threshold under consideration, but that impact is less than significant. c. “Less Than Significant with Mitigation Incorporation” means there is a potentially significant impact related to the threshold under consideration, however, with the mitigation incorporated into the project, the impact is less than significant. d. “Potentially Significant Impact” means there is substantial evidence that an effect may be significant related to the threshold under consideration. 2. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 3. All answers must take account of the whole action involved, including off -site as well A0A— as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 4. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significa nt Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 5. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from, "Earlier Analyses," as described in (6) below, may be cross-referenced). 6. Earlier analyses may be used where, pursuant to the tiering, Program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in the PEIR or another earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 7. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 8. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 9. The explanation of each issue should identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significance. This completed environmental impact checklist form and its associated narrative reflect applicable comments of responsible and trustee agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physic al environment. The information contained in the Project application and its related environmental assessment application, responses to requests for comment, checklist, initial study narrative, and any attachments thereto, combine to form a record indicati ng that an initial study has been completed in compliance with the State CEQA Guidelines and the CEQA. All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment. It has been determined that the incremental effect contributed by this Project toward cumulative impacts is not considered substantial or significant in itself, and/or that cumulative impacts accruing from this Project may be mitigated to less than significant with application of feasible mitigation measures. For some categories of potential impacts, the checklist may indicate that a specific adverse environmental effect has been identified which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the Proje ct or may be related to the design and characteristics of the individual project. Effects so rated are not sufficient in themselves to require the preparation of an EIR and have been mitigated to the extent feasible. The Initial Study has concluded that the Project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the CEQA Guidelines. The finding is, therefore, made that the Project will not have a significant adverse effect on the environment. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS – Except as provided in PRC Section 21099, would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock out- croppings, and historic buildings within a state scenic highway? X c) In non-urbanized areas, substantially degrade the existing visual character or quality public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X DISCUSSION a) Have a substantial adverse effect on a scenic vista? No Impact. A scenic vista is defined as a viewpoint that provides expansive views of highly valued landscape for the benefit of the general public. The Sierra Nevada Mountains are the only natural and visual resource in the Project area. Views of these distant mountains are afforded only during clear conditions due to poor air quality in the valley. The City of Fresno does not identify views of these features as required to be “protected”. The Project site is in an industrialized area of the City of Fresno. There are no scenic vistas or other protected scenic resources on or near the site. The nearest scenic resource would be Sierra Nevada mountains, located approximately 50 miles to the east. Views to the Sierra Nevada will not be obstructed as the proposed development does not consist of visually imposing structures. Visual character of the site is addressed further in Response c) below. Therefore, the Project has no impact on scenic vistas or designated scenic resources or highways. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The Project site is in an industrialized area of the City of Fresno and there are no scenic vistas or other protected scenic resources on or near the site. There are no scenic highways near the proposed site. The nearest designated State Scenic Highway is Hwy 180 located approximately 18.4 miles east of the site.1 As such, there is no impact. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less Than Significant Impact. The proposed Project would alter the existing visual character of public views of the site from vacant land to fully developed with a long- term regional facility for less-than-truckload (LTL) freight services. The development will consist of approximately 3,200 square foot administrative office, approximately 68,570 square foot cross-dock transfer platform, approximately 11,880 square foot 1 State Scenic Highway Map, Caltrans. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa. Accessed February 2024. fleet maintenance shop, 3,494 square foot office parking for up to 29 fleet tractors, up to 150 fleet trailers, up to 84 automobiles, and a diesel fuel system for fleet equipment. The proposed site is located in an industrialized area, within and adjacent to the City, surrounded primarily by commercial logistics, warehouses, and auto repair businesses, such as the proposed Project. The Project design is subject to the City’s Design Guidelines adopted for the City’s General Plan which apply to site layout, building design, landscaping, interior street design, lighting, parking and signage. Detailed architectural plans, color palettes and building materials as well as landscaping plans will be submitted by the Project developer to the City of Fresno Planning and Development Department. The plans shall be required prior to issuance of any building permits. The proposed Project will require removal of minimal vegetation in the vacant lot. Curb and gutters, gates, electrical panels and pedestrian sidewalks are incorporated into the project design, along with site landscaping, including trees such as pistachio and elm trees, and perennials and grasses such as reed grass, lantana and landscape rose, which will provide visual screening of the proposed site from vehicle s along Cherry Avenue. Developments such as those proposed by the Project are typical of large city industrialized areas and are generally expected from residents of the City. These developments would not substantially degrade the visual character of the area and would not diminish the visual quality of the area, as they would be consistent with the existing visual setting. The existing buildings in the Project area consist of one - to two- story warehouses and commercial buildings. The proposed Project itself is not visually imposing against the scale of the existing adjacent industrial buildings and nature of the surrounding area. Therefore, the Project would have less than significant impacts on the visual character of the area. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Impact. The subject site currently has no on-site sources of lighting. The proposed Project will introduce new lighting that will be typical of commercial or industrial developments, such as security lights, parking lot lights and vehicle lights. Additional night lighting sources on the proposed site, especially any unshielded light, could result in spillover light that could impact surrounding adjacent residential uses. This would create new sources of light that could potentially have a significant impact on nighttime light levels in the area. During the entitlement process, staff will ensure that lights are located in areas that will minimize light sources to the neighboring properties, in accordance with Section 15-2015 (Outdoor Lighting and Illumination) of the City’s Municipal Code, which requires lighting be used for illumination purposes only and pointed downward to avoid light sp illover to surrounding land uses. Compliance with California Building Code (Title 24, California Code of Regulations) standards and the City’s Municipal Code would ensure impacts would be less than significant. As a result, the proposed Project will implement the necessary mitigation measures and will have a less than significant impact with mitigation incorporated with regards to light and glare. Mitigation Measures None Required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact II. AGRICULTURE AND FORESTRY RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an op tional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farm- land), as shown on the maps prepared pursuant to the Farmland Mapping and Monito- ring Program of the California Resources Agency, to non- agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d) Result in the loss of forest land or conversion of forest land to non-forest use? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non- forest use? X DISCUSSION a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The California Department of Conservation, Important Farmland Finder Program considers the Project site to be Farmland of Local Importance; however, the site is within the City of Fresno’s Sphere of Influence (SOI) and is designated and zoned for urban uses by the City’s General Plan. The site is currently undeveloped and vacant, and there are no existing agricultural uses or operations within the Project boundaries. The proposed Project would not convert prime farmland, conflict with an existing agricultural use, or result in the conversion of existing farmland. Additionally, no Williamson Act contracted lands would be impacted due to the Project. Therefore, the Project has no impact on agricultural and forest resources. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? No Impact. The proposed Project site is currently located in the unincorporated Fresno County, but within the Sphere of Influence (SOI) of City of Fresno. To accommodate the proposed Project, a Pre-zone, AL-20 (Limited Agriculture, Fresno County) to IH (Heavy Industrial, City of Fresno), approval and an Annexation Approval will be needed and are part of the proposed Project. Once the zone change has been approved, the proposed Project will not conflict with the zoning. There is no impact. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. As the site is on the Valley floor and in a developed urban area, there is no forest or timberland on the proposed Project site. The proposed development will not Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g). There is no impact. d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. As described in Impact c) above, there is no forest land on the Project site. There is no impact. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? No Impact. The Project does not consist of farmland or forest land. The proposed Project will not involve other changes in the existing environment that could result in conversion of Farmland. There is no impact. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan (e.g., by having potential emissions of regulated criterion pollutants which exceed the San Joaquin Valley Air Pollution Control Districts (SJVAPCD) adopted thresholds for these pollutants)? X b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X c) Expose sensitive receptors to substantial pollutant concentrations? X d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? X The analysis in the Air Quality Resource section is based on the Air Quality and Greenhouse Gas Analysis Technical Memorandum (Memo) prepared by Johnson Johnson and Miller Air Quality Consulting Services in May 2023. The Memo is provided in its entirety in Appendix A. DISCUSSION a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. Air Quality Plans (AQPs) are plans for reaching attainment of air quality standards. The assumptions, inputs, and control measures are analyzed to determine if the Air Basin can reach attainment for the ambient air quality standards. The proposed Project site is located within the jurisdictional boundaries of the SJVAPCD. To show attainment of the standards, the SJVAPCD analyzes the growth projections in the Valley, contributing factors in air pollutant emissions and formations, and existing and adopted emissions controls. The SJVAPCD then formulates a control strategy to reach attainment that includes both State and SJVAPCD regulations and other local programs and measures. For projects that include stationary sources of emissions, the SJVAPCD relies on project compliance with Rule 2201—New and Modified Stationary Source Review to ensure that growth in stationary source emissions would not interfere with the applicable AQP. Projects exceeding the offset thresholds included in the rule are required to purchase offsets in the form of Emission Reduction Credits (ERCs). The CEQA Guidelines indicate that a significant impact would occur if the project would conflict with or obstruct implementation of the applicable air quality plan. The GAMAQI indicates that projects that do not exceed SJVAPCD regional criteria pollutant emissions quantitative thresholds would not conflict with or obstruct the applicable AQP. An additional criterion regarding the project’s implementation of control measures was assessed to provide further evidence of the project’s consistency with current AQPs. This document proposes the following criteria for determining project consistency with the current AQPs: 1. Will the project result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQPs? This measure is determined by comparison to the regional and localized thresholds identified by the District for Regional and Local Air Pollutants. 2. Will the project comply with applicable control measures in the AQPs? The use of the criteria listed above is a standard approach for CEQA analysis of projects in the SJVAPCD’s jurisdiction, as well as within other air districts, for the following reasons: • Significant contribution to existing or new exceedances of the air quality standards would be inconsistent with the goal of attaining the air quality standards. • AQP emissions inventories and attainment modeling are based on growth assumptions for the area within the air district’s jurisdiction. • AQPs rely on a set of air district-initiated control measures as well as implementation of federal and state measures to reduce emissions within their jurisdictions, with the goal of attaining the air quality standards. Contribution to Air Quality Violations As discussed in Impact b) below, emissions of ROG, NOX, CO, SOX, PM10, and PM2.5 associated with the proposed Project would not exceed the SJVAPCD’s significance thresholds during the construction phase (see Table ) or emissions of ROG, NOX, CO, SOX, PM2.5 or PM10 during operations (see Table 2). Therefore, the Project would not exceed the SJVAPCD’s regional thresholds of significance for any pollutant of concern and would be considered consistent with the existing AQPs. The Project would comply with all applicable CARB and SJVAPCD rules and regulations. Therefore, the Project complies with this criterion and would not conflict with or obstruct implementation of the applicable air quality attainment plan with regards to this criterion. The impact would be less than significant. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. To result in a less than significant impact, emissions of nonattainment pollutants must be below the SJVAPCD’s regional significance thresholds. This is an approach recommended by the SJVAPCD’s in its GAMAQI. The SJVAB is in nonattainment for ozone, PM10 (State only), and PM2.5. Ozone is a secondary pollutant that can be formed miles from the source of emissions, through reactions of ROG and NOX emissions in the presence of sunlight. Therefore, ROG and NOX are termed ozone precursors. As such, the primary pollutants of concern during project construction and operation are ROG, NO X, PM10, and PM2.5. The air quality standards were set to protect public health, including the health of sensitive individuals (such as children, the elderly, and the infirm). Therefore, when the concentration of those pollutants exceeds the standard, it is likely that some sensitive individuals in the population would experience adverse experience health effects. However, the health effects are a factor of the dose-response curve. Concentration of the pollutant in the air (dose), the length of time exposed, and the response of the individual are factors involved in the severity and nature of health impacts. If a significant health impact results from project emissions, it does not mean that 100 percent of the population would experience health effects. Since the SJVAB is nonattainment for ozone, PM10, and PM2.5, it is considered to have an existing significant cumulative health impact without the Project. When this occurs, the analysis considers whether the project’s contribution to the existing violation of air quality standards is cumulatively considerable. The SJVAPCD regional thresholds for NOX, ROG/VOC, PM10, or PM2.5 are applied as cumulative contribution thresholds. Projects that exceed the regional thresholds would have a cumulatively considerable health impact. The SJVAPCD GAMAQI adopted in 2015 contains thresholds for CO, NO X, ROG, SOX, PM10, and PM2.5. Air pollutant emissions have both regional and localized effects. The Project’s regional emissions are compared to the applicable SJVAPCD below. Criteria Pollutant Emission Estimates Construction Emissions (Regional) Construction emissions associated with the development envisioned for the proposed Project are shown in Table 1 prior to the incorporation of any mitigation. Table 1 Summary of Construction-Generated Emissions of Criteria Air Pollutants – Unmitigated Emissions Source Emissions (Tons/Year) ROG NOX CO SOX PM10 PM2.5 Project Construction (2023) 0.19 1.62 1.66 < 0.005 0.28 0.15 Project Construction (2024) 0.38 0.79 0.99 < 0.005 0.06 0.04 Total Construction Duration Project Total 0.57 2.41 2.65 < 0.005 0.34 0.19 Significance Thresholds 10 10 100 27 15 15 Exceed Significance Thresholds? No No No No No No Notes: PM10 and PM2.5 emissions are from the mitigated output to reflect compliance with Regulation VIII—Fugitive PM10 Prohibitions. Source of Emissions: CalEEMod Output and Additional Supporting Information (Attachment A). Totals may not appear to sum exactly due to rounding. Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigatin g Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI -2015/FINAL-DRAFT-GAMAQI.PDF. Accessed May 24, 2023. As shown in Table 1 above, construction activities associated with implementation of the proposed rezone Project are estimated to fall below the significance thresholds. Therefore, regional and cumulative impacts associated with construction of development contemplated under the proposed rezone project are less than significant on a Project basis. Operational Emissions (Regional)—Non-Permitted Operational emissions occur over the lifetime of the project. The SJVAPCD considers permitted (stationary sources) and non-permitted (mobile) emission sources separately when making significance determinations. In addition, the annual operational emissions are also considered separately from construction emissions. Operational emissions associated with the proposed Project are shown in Table 2. Operational emissions were estimated using a full buildout scenario in the earliest year of operations (2024), which provides a conservative estimate of emissions and resulting potential impacts. Table 2 Summary of Operational Emissions of Criteria Air Pollutants – Unmitigated Source Emissions (tons/year) ROG NOX CO SOX PM10 PM2.5 Area 0.44 < 0.005 0.34 < 0.005 < 0.005 < 0.005 Energy < 0.005 0.06 0.05 < 0.005 < 0.005 < 0.005 Off-road Equipment 0.05 0.51 0.88 < 0.005 0.02 0.02 Mobile (Passenger Vehicles) 0.12 0.14 1.19 0.00 0.26 0.07 Mobile (Trucks) 0.06 4.65 0.80 0.04 1.11 0.35 Annual Total (2024) 0.67 5.36 3.26 0.04 1.39 0.44 Significance Thresholds 10 10 100 27 15 15 Exceed Significance Thresholds? No No No No No No Notes: Emissions were quantified using CalEEMod based on project details and earliest operational year for the proposed project. Totals may not sum exactly due to rounding. Source: CalEEMod Output and Additional Supporting Information (Attachment A). As shown in Table 2, operational emissions would not exceed the applicable SJVAPCD thresholds of significance for ROG, NOX, CO, SOX, PM10, or PM2.5. The Project’s long-term operational emissions would not exceed any of the SJVAPCD’s project-level regional thresholds of significance. Therefore, the impact from operations of the Project would be less than significant. Operational Emissions (Regional)—Permitted The SJVAPCD GAMAQI recommends assessing the emissions from permitted sources of emissions separate from non-permitted sources. The SJVAPCD’s permitting process ensures that emissions of criteria pollutants from permitted equipment and activities at stationary sources are reduced or mitigated to below the SJVAPCD’s thresholds of significance. SJVAPCD implementation of New Source Review (NSR) ensures that there is no net increase in emissions above specified thresholds from new and modified Stationary Sources subject to the rule for all nonattainment pollutants and their precursors. Permitted sources emitting more than the NSR Offset Thresholds for any criteria pollutant must, in general, offset all emission increases in excess of the thresholds. In the event that stationary sources are proposed in the future, the SJVAPCD will prepare an engineering evaluation of all permitted equipment to determine the controls required to achieve best available control technology (BACT) requirements. The permitted emissions are dependent on the control technology selected and any process limits included in the permit conditions. Permitted sources will be required to comply with SJVAPCD BACT requirements. Compliance with regulations would ensure that the project’s stationary sources would not exceed SJVAPCD thresholds of significance; therefore, the Project’s estimated permitted emissions would be less than significant. As shown in Table , the Project’s regional emissions resulting from construction, operations and mobile sources, would not exceed the applicable regional criteria pollutant emissions quantitative thresholds during Project construction. During operations, the Project would not exceed the applicable regional criteria pollutant emissions quantitative thresholds (see Table 2). Therefore, the impact would be less than significant. c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. Emissions occurring at or near the proposed Project have the potential to create a localized impact that could expose sensitive receptors to substantial pollutant concentrations. Sensitive receptors are considered land uses or other types of population groups that are more sensitive to air pollution than others due to their exposure. Sensitive population groups include children, the elderly, the acutely and chronically ill, and those with cardio-respiratory diseases. The SJVAPCD considers a sensitive receptor to be a location that houses or attracts children, the elderly, people with illnesses, or others who are especially sensitive to the effects of air pollutants. Examples of sensitive receptors include hospitals, residences , convalescent facilities, and schools. The only sensitive receptors within 0.25 miles of the Project are residences. There are no schools, hospitals, convalescent facilities or other sensitive receptors in this primarily rural agricultural and industrial area. However, it should be noted that there is an Elementary School just over 0.27 miles to the Southeast of the Project, (Orange Center Elementary). To the north is farmland with eight scattered residences, one church and a few businesses including Valley Iron. Zacky Farms and Julians Window Tinting. To the west are two trucking companies, K&S Services and Herlan Brothers and a small Auto Wrecking Yard. To the south is primarily farmland with seven scattered residences. To the east is Farmland, four residences, and part of Valley Iron’s yard and buildings. Localized Impacts Emissions occurring at or near the project have the potential to create a localized impact also referred to as an air pollutant hotspot. Localized emissions are considered significant if or when combined with background emissions, they would result in exceedance of any health-based air quality standard. In locations that already exceed standards for these pollutants, significance is based on a significant impact level (SIL) that represents the amount that is considered a cumulatively considerable contribution to an existing violation of an air quality standard. The pollutants of concern for localized impact in the SJVAB are NO2, SOX, and CO. The SJVAPCD has provided guidance for screening localized impacts in the GAMAQI that establishes a screening threshold of 100 pounds per day of any criteria pollutant. If a project exceeds 100 pounds per day of any criteria pollutant, then ambient air quality modeling would be necessary. If the project does not exceed 100 pounds per day of any criteria pollutant, then it can be assumed that it would not cause a violation of an ambient air quality standard. Construction: Localized Concentrations of PM10, PM2.5, CO, SOX, and NOX Local construction impacts would be short-term in nature lasting only during the duration of construction. As shown in Table 3 below, on -site construction emissions would be less than 100 pounds per day for each of the criteria pollutants. To present a conservative estimate, on-site emissions for on-road construction vehicles were included in the localized analysis. Based on the SJVAPCD’s guidance, the construction emissions would not cause an ambient air quality standard violation. Table 3 Localized Concentrations of PM10, PM2.5, CO, and NOX for Construction – Unmitigated Emission Source On-site Emissions (pounds per day) ROG NOX CO SOX PM10 PM2.5 On-site Daily Construction (Highest in 2023) 4.15 40.42 38.69 0.07 10.16 5.67 On-site Daily Construction (Highest in 2024) 29.11 11.44 13.75 0.02 0.52 0.46 Total Construction Duration Highest Daily Maximum 29.11 40.42 38.69 0.07 10.16 5.67 Significance Thresholds — 100 100 100 100 100 Exceed Significance Thresholds? — No No No No No Note: Overlap of construction activities is based on the construction schedule shown in Table 2 and Attachment A. Source of Emissions: CalEEMod Output and Additional Supporting Information (Attachment A). Maximum daily emissions represent the maximum daily emissions between the Summer and Winter scenarios. Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF. Accessed May 24, 2023. Operation: Localized Concentrations of PM10, PM2.5, CO, SOX, and NOX Localized impacts could occur in areas with a single large source of emissions such as a power plant or with multiple sources concentrated in a small area such as a distribution center. The maximum daily operational emissions would occur at Project buildout, which was assumed to occur in 2024 (the earliest year of operations). Operational emissions include those generated on-site by area sources such as consumer products (spray paints, insecticides, etc.), and landscape maintenance, such as gas-powered lawn mowers), and motor vehicles operation at the Project site. Motor vehicle emissions are estimated for on-site operations using trip lengths for on- site travel and 0.25-mile of off-site emissions. As shown in Table 4 below, operational modeling of on-site emissions for the Project indicate that the project would not exceed 100 pounds per day for each of the criteria pollutants. Therefore, based on the SJVAPCD’s guidance, the operational emissions would not cause an ambient air quality standard violation. As such, impacts would be less than significant. Table 4 Localized Concentrations of PM10, PM2.5, CO, and NOX for Operations Source On-site Emissions (pounds per day) ROG NOX CO SOX PM10 PM2.5 Area 2.71 0.03 3.81 < 0.01 0.01 0.01 Energy 0.02 0.30 0.25 < 0.01 0.02 0.02 Off-Road 0.36 3.90 6.74 0.01 0.15 0.13 Mobile - Passenger Vehicles Trips 0.65 0.25 1.51 < 0.01 0.07 0.02 Mobile - Truck Trips 0.10 2.30 1.46 <0.01 0.06 0.02 Total 3.84 6.78 13.77 0.01 0.31 0.20 Significance Thresholds — 100 100 100 100 100 Exceed Significance Thresholds? — No No No No No Source of Emissions: CalEEMod Output and Additional Supporting Information (Attachment A). Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigatin g Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF. Accessed May 24, 2023. Toxic Air Contaminants Construction Project construction would involve the use of diesel-fueled vehicles and equipment that emit DPM, which is considered a TAC. The SJVAPCD’s current threshold of significance for TAC emissions is an increase in cancer risk for the maximally exposed individual of 20 in a million (formerly 10 in a million). The SJVAPCD’s 2015 GAMAQI does not currently recommend analysis of TAC emissions from project construction activities, but instead focuses on projects with operational emissions that would expose sensitive receptors over a typical lifetime of 70 years. In addition, the most intense construction activities of the Project’s construction would occur during site preparation and grading phases over a short period. There are no conditions unique to the Project site that would require more intense construction activity compared to typical development. Examples of situations that would warrant closer scrutiny may include sites that would require extensive excavation and hauling due to existing site conditions. Building construction typically requires limited amounts of diesel equipment relative to site clearing activities. Nonetheless, a construction HRA was prepared as part of this analysis. In addition, the analysis includes an evaluation of potential health impacts from construction and operations of the Project considered together, over a 70-year exposure scenario. Health Risk Assessment (HRA) The results of the HRA prepared for Project construction for cancer risk and long-term chronic cancer risk are summarized below. Construction emissions were estimated assuming adherence to all applicable rules, regulations, and project design features. The construction emissions were assumed to be distributed over the project area with a working schedule of eight hours per day and five days per week. Emissions were adjusted by a factor of 4.2 to convert for use with a 24 -hour-per-day, 365 day-per-year averaging period. Health risk calculations were completed using HARP2. Detailed parameters and complete calculations are included in Attachment B. The estimated health and hazard impacts at the Maximally Exposed Receptor (MER) from the Project’s construction emissions are provided in Table 5. Table 5 Summary of the Health Impacts from Unmitigated Construction of the Project Exposure Scenario Maximum Cancer Risk (Risk per Million) Chronic Non-Cancer Hazard Index Acute Non-Cancer Hazard Index Risks and Hazards at the Construction MER Risks and Hazards at the MER (construction only) 9.90 0.0076 0.000 Risks and Hazards at the MER (construction plus operations) 20.49 0.0103 0.0000 Significance Threshold 20 1 1 Threshold Exceeded in Any Scenario? Yes No No Notes: MER = Maximally Exposed Receptor DPM = Diesel Particulate Matter Central Transport Regional Facility Project Unmitigated Construction MER UTM: (251417.25, 4063705.56) Source: Attachment B of Appendix A. As shown in Table 5, estimated health risks from elevated DPM concentrations during construction of the proposed Project would not exceed the applicable health risk significance thresholds when construction is considered alone; however, construction and operational emissions combined would exceed the applicable cancer risk threshold. This represents a potentially significant construction TAC exposure impact. Therefore, mitigation is required to reduce the impact during the construction period to below a level of significance. MM AIR-1 requires the project applicant, project sponsor, or construction contractor to provide documentation to the City of Fresno that all off-road diesel-powered construction equipment greater than 75 horsepower meet EPA or CARB Tier 4 off - road emissions standards or utilize Level 3 filters. Error! Reference source not f ound. shows the health risks and non-cancer hazard index for construction with implementation of MM AIR-1. Table 6 Summary of the Health Impacts from Unmitigated Construction of the Project Exposure Scenario Maximum Cancer Risk (Risk per Million) Chronic Non-Cancer Hazard Index Acute Non- Cancer Hazard Index Risks and Hazards at the Construction MER—Tier 4 Equipment Scenario Risks and Hazards at the MER (Construction Only) 1.64 0.0013 0.0000 Risks and Hazards at the MER (Construction Plus Operations) 12.23 0.0040 0.0000 Risks and Hazards at the Construction MER—Level 3 Filters Scenario Risks and Hazards at the MER (Construction Only) 2.19 0.0017 0.0000 Risks and Hazards at the MER (Construction Plus Operations) 12.78 0.0044 0.0000 Highest Risks and Hazards at the Construction MER after Incorporation of MM AIR-1 Risks and Hazards at the MER 12.78 0.0044 0.0000 Significance Threshold 20 1 1 Threshold Exceeded in Any Scenario? No No No Exposure Scenario Maximum Cancer Risk (Risk per Million) Chronic Non-Cancer Hazard Index Acute Non- Cancer Hazard Index MER = Maximally Exposed Receptor Central Transport Regional Facility Project Construction MER: Receptor #26 (UTM 251417.25, 4063705.56) Source: Attachment B of Appendix A. As noted in Error! Reference source not found., calculated health metrics from the p roposed project’s construction DPM emissions would not exceed the cancer risk significance threshold or non-cancer hazard index significance threshold at the MER with incorporation of MM AIR-1. Therefore, the proposed Project would not result in a significant impact on nearby sensitive receptors from TACs during construction. Operations For reasons previously discussed (see Modeling Parameters and Assumptions), an analysis of TACs (including DPM) was performed using the EPA-approved AERMOD model, which is an air dispersion model accepted by the SJVAPCD for preparing HRAs. AERMOD version 22112 was used for this analysis. Consistent with SJVAPCD guidance, the health risk computation was performed to determine the risk of developing an excess cancer risk calculated on a 70-year exposure scenario. Results of the HRA are summarized in Table 7. The complete HRA prepared for the proposed Project, including calculations, AERMOD output data, and HARP2 files, are included in Attachment B of Appendix A. Table 7 Summary of the Health Impacts from Operations of the Proposed Project (70-year Scenario) Exposure Scenario Maximum Cancer Risk (Risk per Million) Chronic Non-Cancer Hazard Index Acute Non-Cancer Hazard Index 70-Year Exposure at the MER (from DPM Emissions) 15.04 0.0029 0.0000 Combined 70-Year Exposure Scenario for Mitigated Construction + Operations at the Construction MER 12.78 0.0044 0.0000 Combined 70-Year Exposure Scenario for Mitigated Construction + Operations at the Operational MER 13.30 0.0044 0.0000 Applicable Threshold of Significance 20 1 1 Threshold Exceeded in Any Scenario? No No No Notes: MER = Maximally Exposed Receptor DPM = Diesel Particulate Matter Operational MER: Receptor #88 (see Attachment B) Construction MER: Receptor #26 (see Attachment B) Source: Attachment B of Appendix A. As shown in Table 7, the Project would not exceed the cancer risk, chronic risk, or acute risk threshold levels in any scenario analysis after the incorporation of MM AIR- 1. The primary source of the emissions responsible for chronic risk are from diesel trucks during operations and off-road diesel equipment during construction. DPM does not have an acute risk factor, resulting in an acute non-cancer hazard index of zero (0) for all receptors. Since the project does not exceed the applicable SJVAPCD thresholds for cancer risk, acute risk, or chronic risk, the impact related to the Project’s potential to expose sensitive receptors to substantial pollutant concentrations would be less than significant. Valley Fever Valley fever, or coccidioidomycosis, is an infection caused by inhalation of the spores of the fungus, Coccidioides immitis (C. immitis). The spores live in soil and can live for an extended time in harsh environmental conditions. Activities or conditions that increase the amount of fugitive dust contribute to greater exposure, and they include dust storms, grading, and recreational off-road activities. The San Joaquin Valley is considered an endemic area for Valley fever. The San Joaquin Valley is considered an endemic area for Valley fever. During 2000 –2018, a total of 65,438 coccidioidomycosis cases were reported in California; median statewide annual incidence was 7.9 per 100,000 population and varied by region from 1.1 in Northern and Eastern California to 90.6 in the Southern San Joaquin Valley, with the largest increase (15‐fold) occurring in the Northern San Joaquin Valley. Incidence has been consistently high in six counties in the Southern San Joaquin Valley (Fresno, Kern, Kings, Madera, Tulare, and Merced counties) and Central Coast (San Luis Obispo County) regions.2 California experienced 7,962 new probable or confirmed cases of Valley fever in 2021. A total of 408 suspect, probable, and confirmed Valley fever cases were reported in Fresno County in 2021.3 The distribution of C. immitis within endemic areas is not uniform and growth sites are commonly small (a few tens of meters) and widely scattered. Known sites appear to have some ecological factors in common suggesting that certain physical, chemical, and biological conditions are more favorable for C. immitis growth. Avoidance, when 2 Centers for Disease Control and Prevention (CDC). 2020. Regional Analysis of Coccidioidomycosis Incidence—California, 2000–2018. Website: https://www.cdc.gov/mmwr/volumes/69/wr/mm6948a4.htm?s_cid=mm6948a4_e. Accessed April 10, 2023. 3 California Department of Public Health (CDPH). 2021. Coccidioidomycosis in California Provisional Monthly Report January 2021. Website: https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/CocciinCA ProvisionalMonthlyReport.pdf. Accessed April 10, 2023. possible, of sites favorable for the occurrence of C. immitis is a prudent risk management strategy. Listed below are ecologic factors and sites favorable for the occurrence of C. immitis: 1) Rodent burrows (often a favorable site for C. immitis, perhaps because temperatures are more moderate and humidity higher than on the ground surface) 2) Old (prehistoric) Indian campsites near fire pits 3) Areas with sparse vegetation and alkaline soils 4) Areas with high salinity soils 5) Areas adjacent to arroyos (where residual moisture may be available) 6) Packrat middens 7) Upper 30 centimeters of the soil horizon, especially in virgin undisturbed soils 8) Sandy, well-aerated soil with relatively high water-holding capacities Sites within endemic areas less favorable for the occurrence of C. immitis include: 1) Cultivated fields 2) Heavily vegetated areas (e.g., grassy lawns) 3) Higher elevations (above 7,000 feet) 4) Areas where commercial fertilizers (e.g., ammonium sulfate) have been applied 5) Areas that are continually wet 6) Paved (asphalt or concrete) or oiled areas 7) Soils containing abundant microorganisms 8) Heavily urbanized areas where there is little undisturbed virgin soil.4 The Project is situated on a site previously disturbed that does not provide a suitable habitat for spores. Specifically, the Project site is primarily covered with vegetation in the form of grass and shrubbery. Therefore, implementation of the proposed project would have a low probability of the site having C. immitis growth sites and exposure to the spores from disturbed soil. Although conditions are not favorable, construction activities could generate fugitive dust that contain C. immitis spores. The Project will minimize the generation of fugitive dust during construction activities by complying with SJVAPCD’s Regulation VIII. 4 United States Geological Survey (USGS). 2000. Operational Guidelines (Version 1.0) for Geological Fieldwork in Areas Endemic for Coccidioidomycosis (Valley Fever), 2000, Open-File Report 2000-348. Website: https://pubs.usgs.gov/of/2000/0348/pdf/of00-348.pdf. Accessed April 24, 2023. Therefore, this regulation, combined with the relatively low probability of the presence of C. immitis spores would reduce Valley fever impacts to less than significant. During operations, dust emissions are anticipated to be relatively small, because most of the project area where operational activities would occur would be occupied by the proposed cross-dock and related buildings and pavement. This condition would lessen the possibility of the Project site from providing habitat suitable for C. immitis spores and for generating fugitive dust that may contribute to Valley fever exposure. Impacts would be less than significant. Naturally Occurring Asbestos Review of the map of areas where naturally occurring asbestos in California are likely to occur found no such areas in the immediate project area. Therefore, development of the Project is not anticipated to expose receptors to naturally occurring asbestos.5 Impacts would be less than significant. Impact Analysis Summary In summary, the proposed Project would not exceed SJVAPCD localized emission daily screening levels for any criteria pollutant. The Project is not a significant source of TAC emissions during construction or operation after incorporation of MM AIR-1. The Project is not in an area with suitable habitat for Valley fever spores and is not in area known to have naturally occurring asbestos. Therefore, the proposed Project would result in less than significant impacts to sensitive receptors after incorporation of mitigation. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less Than Significant Impact. Two situations are recognized to create a potential for odor impact. The first occurs when a new odor source is located near an existing sensitive receptor. The second occurs when a new sensitive receptor locates near an existing source of odor. The proposed Project is of the first type only since it involves a potential new odor source and would not be considered a sensitive receptors land use. Odor impacts on residential areas and other sensitive receptors, such as hospitals, day-care centers, schools, etc. warrant the closest scrutiny, but consideration should 5 U.S. Geological Survey. 2011. Van Gosen, B.S., and Clinkenbeard, J.P. California Geological Survey Map Sheet 59. Reported Historic Asbestos Mines, Historic Asbestos Prospects, and Other Natural Occurrences of Asbestos in California. Open -File Report 2011-1188 Website: https://pubs.usgs.gov/of/2011/1188/. Accessed April 24, 2023. also be given to other land uses where people may congregate, such as recreational facilities, worksites, and commercial areas. Although the the nearest sensitive receptor are residences approximately 0.25 miles away, the project is not expected to be a significant source of odors. The screening levels for these land use types are shown in Error! Reference source not found.8. Construction During construction, various diesel-powered vehicles and equipment in use on-site would create localized odors. These odors would be temporary and intermittent, which would decrease the likelihood of the odors concentrating in a single area or lingering for any notable period of time. As such, these odors would likely not be noticeable for extended periods of time beyond the Project’s site boundaries. The potential for odor impacts from construction of the proposed Project would, therefore, be less than significant. Table 8 Screening Levels for Potential Odor Sources Odor Generator Screening Distance Wastewater Treatment Facilities 2 miles Sanitary Landfill 1 mile Transfer Station 1 mile Composting Facility 1 mile Petroleum Refinery 2 miles Asphalt Batch Plant 1 mile Chemical Manufacturing 1 mile Fiberglass Manufacturing 1 mile Painting/Coating Operations (e.g., auto body shop) 1 mile Food Processing Facility 1 mile Feed Lot/Dairy 1 mile Rendering Plant 1 mile Wastewater Treatment Facilities 2 miles Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF. Accessed May 24, 2023. Operations The development of the proposed Project would not substantially increase objectionable odors in the area and would not introduce any new sensitive receptors to the area that could be affected by any existing objectionable odor sources in the area. Land uses that are typically identified as sources of objectionable odors include landfills, transfer stations, sewage treatment plants, wastewater pump stations, composting facilities, asphalt batch plants, rendering plants, and other land uses outlined in Error! Reference source not found.8. The proposed Project would not e ngage in any of these activities. Minor sources of odors that would be associated with uses typical of warehouse and distribution facilities, such as exhaust from mobile sources (including diesel-fueled heavy trucks), are known to have temporary and less concentrated odors. Considering the low intensity of potential odor emissions, the proposed Project’s operational activities would not expose receptors to objectionable odor emissions. Therefore, the proposed Project would not be considered to be a generator of objectionable odors during operations. As such, impacts would be less than significant. Mitigation Measures MM AIR-1 Before a construction permit is issued for the proposed project, the project applicant, project sponsor, or construction contractor shall submit documentation demonstrating reasonably detailed compliance with the following requirements to the City of Fresno: Where portable diesel engines are used during construction, all off -road equipment with engines greater than 75 horsepower shall have engines that meet or exceed either United States Environmental Protection Agency (EPA) or California Air Resources Board (CARB) Tier 4 Interim off-road emission standards or be equipped with Level 3 diesel particulate filters. Tier 4 Interim engines shall, at a minimum, meet EPA or CARB particulate matter emissions standards for Tier 4 Interim engines. Alternatively, use of CARB-certified Level 3 diesel particulate filters on off-road equipment with engines greater than 75 horsepower can be used in lieu of Tier 4 Interim engines or in combination with Tier 4 Interim or better engines. The construction contractor shall maintain records documenting its efforts to comply with this requirement, including equipment lists. Off -road equipment descriptions and information shall include, but are not limited to, equipment type, equipment manufacturer, equipment identification number, e ngine model year, engine certification (Tier rating), horsepower, and engine serial number. The project applicant and/or construction contractor shall submit the construction operations plan and records of compliance to the City of Fresno. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES – Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X The analysis in the Biological Resource section is based on the Phase I Environmental Site Assessment prepared by Krzan & Associates in January 2023. The Memo is provided in its entirety in Appendix B. DISCUSSION a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Less than Significant Impact. The site is currently vacant land with minimal vegetation and was historically used for agricultural purposes. It has been regularly disked and cultivated. The immediate vicinity consists of land developed with for industrial purposes, roadways, rural residential, and agriculture. The highly disturbed nature of the area suggests that the vegetation on site is unlikely to follow natural vegetation patterns, and thus unlikely to support native wildlife. The City of Fresno Program Environmental Impact Report defines the Project area as Heavy Industrial6; industrial land is developed and considered to provide poor quality habitat for any special status species. No special status species are expected to occur in this area. Potential impacts are less than significant. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? No Impact. An east-west trending irrigation canal referred to as Central Canal is present on/near the southern boundary of the subject site. The irrigation canal was dry at the time of the Phase I Environmental Site Assessment (ESA) (Appendix B, pg 16). There are no natural waterways or sensitive natural communities on the subject site. As such, there is no impact. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. According to the National Wetlands Inventory of the U.S. Fish & Wildlife Service, there are no protected wetlands on the subject site.7 As such, there is no impact. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant Impact. An east-west trending irrigation canal referred to as Central Canal is present on/near the southern boundary of the proposed site. The irrigation canal was dry at the time of Phase I ESA site reconnaissance. There are no natural waterways or natural vegetation on the subject site8. It is unlikely that the site is used for movement of wildlife species, for a migratory wildlife corridor, or for native 6 Figure 3-3, Planned Land Use, City of Fresno General Plan Program Environmental Impact Report. Accessed February 2023. 7 National Wetlands Inventory, U.S. Fish & Wildlife Service. https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/. Accessed February 2024. 8 Ibid. wildlife nursery sites due to the highly disturbed nature of the surrounding area and the proximity to noise and vibrations of the adjacent State Route 41 . The site is highly disturbed and surrounded by urban uses such as commercial and industrial uses. There would be a less than significant impact to native species movement. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant Impact. The City’s General Plan Parks, Open Space, and Schools Element contains several objectives and policies pertaining to the protection of biological resources. Most of the policies pertain to general long-term protection and preservation of biological resources including providing buffers for natural areas, implementing habitat restoration where applicable, protection/enhancement of the San Joaquin River area, and other similar policies. The Project is not located near the San Joaquin River area. The General Plan notes that aside from the San Joaquin River, there are several canals that traverse the Planning Area that provide opportunities for both vegetation and wildlife; however, such opportunities are limited.9 As noted above, the Central Canal, present on/near the southern boundary of the proposed site, was dry at the time of Phase I ESA. Additionally, since the Project is located in a highly disturbed area with minimal biological resources and does not include significant impacts to protected plant or animal species , the Project does not conflict with any adopted policies pertaining to biological resources. The Project is also required to implement Municipal Code Chapter 13 Article 3 – Street Trees and Parkways pertaining to tree removal and replacement.10 Therefore, there is a less than significant impact. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project site is not subject to any adopted habitat conservation plan, natural community conservation plan or other conservation plan, as there are no adopted plans. Therefore, there is no impact. Mitigation Measures None are required. 9 Ch 5 Parks, Open Space, and Schools Element, Fresno General Plan. Pg 5-31. Accessed February 2024. 10 Article 3, Chapter 13, City of Fresno Municipal Code. https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH13SISTPAUNUTDI_ART3STTRPA. Accessed February 2024. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact V. CULTURAL RESOURCES – Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? X c) Disturb any human remains, including those interred outside of formal cemeteries? X DISCUSSION a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? Less Than Significant Impact with Mitigation Incorporated. A prehistoric and historic site records and literature search was conducted for the Project area through the Southern San Joaquin Valley Information Center of the California Historical Resources Information System on February 6, 2023 (File RS#23-029) and is provided in Appendix C. There have been no previous cultural resource studies performed in the Project area; however, four cultural resource studies fall in the one-half mile radius, FR-00053, 00151, 01738, and 01739. Records indicated that there are no recorded resources within the Project area. There have been 26 recorded resources within the one-half mile radius: P-10-004648, 004649, 004651, 004677, 006761, 006763, 006764, 006765, 006766, 006767, 006768, 006769, 006770, 006775, 006776, 006777, 006778, 006779, 006780, 006781, 006782, 006783, 0067 84, 006785, 006786, and 006787. These resources consist of historic era buildings and structures, most of which are single family homes. There are no recorded cultural resources within the project area or radius that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of H istoric Resources, for the California State Historic Landmarks. Although no cultural or archaeological resources, paleontological resources or human remains have been identified in the project area, the possibility exists that such resources or remains may be discovered during Project site preparation, excavation and/or grading activities. Mitigation Measure CUL-1 and CUL-2 of the General Plan Program EIR, which requires construction activities to stop if unknown cultural resources are discovered during land moving activities, shall be implemented to reduce potential impacts to less than significant. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? Less Than Significant with Mitigation Incorporated. As discussed in Impact a) above, no surface or recorded evidence of sensitive cultural resources were evident on the Project site. However, the possibility exists that such resources or remains may be discovered during Project site preparation, excavation and/or grading activities. Mitigation Measure CUL-1 and CUL-2 which requires construction activities to stop if unknown cultural resources are discovered during land moving activities, shall be implemented to reduce potential impacts to less than significant. c) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant with Mitigation Incorporated. Although no cultural or archaeological resources, paleontological resources or human remains have been identified in the project area, the possibility exists that such resources or remains may be discovered during Project site preparation, excavation and /or grading activities. Mitigation Measure CUL-3, which requires construction activities to stop if human remains are unearthed during land moving activities, shall be implemented to reduce potential impacts to less than significant. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the cultural resource related mitigation measures as identified in the attached Mitigation Monitoring and Reporting Program dated May 22, 2025. CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these. Any historical artifacts recovered as a result of mitigation shall be provided to a City -approved institution or person who is capable of providing long-term preservation to allow future scientific study. CUL-2: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City o n the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with CEQA Guidelines Section 15064.5. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves t he measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City approved institution or person who is capable of providing long term preservation to allow future scientific study. If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. CUL-3: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coro ner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VI. ENERGY – Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? X Pacific Gas and Electric Company provides electricity and natural gas service to the County of Fresno and to the City of Fresno. Upon buildout of the project site, electricity to the project site would be provided by PG&E. All electricity infrastructure would be located underground and would tie-in to existing infrastructure. According to the U.S. Energy Administration, 1,494.9 Trillion Btu of energy were consumed by motor gasoline excluding ethanol in California in 2021.11 California is the second-largest consumer of motor gasoline among the 50 states.12 According to the Board of Equalization (BOE), it is estimated that 371 gallons of gasoline and 85 million galls of diesel were sold in Fresno County in 2022.13 DISCUSSION a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact. The energy requirements for the proposed project were determined using the construction and operational estimates generated from the Air Quality Analysis (refer to Attachment A of Appendix A for related CalEEMod output files). The calculation worksheets for diesel fuel consumption rates for off -road construction equipment and on-road vehicles are provided in Attachment C of Appendix A. Short-term construction energy consumption is discussed below. Short-Term Construction 11 U.S. Energy Information Administration, California State Profile and Energy Estimates. https://www.eia.gov/state/print.php?sid=CA. Accessed May 2024. e Ibid. 13 California Energy Commission. California Retail Fuel Outlet Annual Reporting (CEC -A15) Results. https://www.energy.ca.gov/media/3874 Accessed May 2024. Off-Road Equipment Table 9 provides estimates of the Project’s construction fuel consumption from off- road construction equipment for the entire Project, categorized by construction activity. Table 9 Construction Off-Road Fuel Consumption Project Component Construction Activity Fuel Consumption (gallons) Home Avenue Warehouse Project (On-site, Off-road Equipment Use) Site Preparation 2,728 Grading 4,489 Building Construction 7,194 Paving 843 Architectural Coating 59 Total 15,313 Note: Totals may not appear to sum correctly due to rounding Source: Energy Consumption Calculations (Attachment C of Appendix A). As shown in Table 9, use of off-road equipment associated with construction of the proposed project is estimated to consume approximately 15,313 gallons of diesel fuel over the entire construction duration. There are no unusual project characteristics that would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in the Fresno County region or other parts of California. Therefore, it is expected that construction fuel consumption associated with the proposed Project would not be any more inefficient, wasteful, or unnecessary than at other construction sites in the region. On-Road Vehicles On-road vehicles for construction workers, vendors, and haulers would require fuel for travel to and from the site during construction. Table 10 provides an estimate of the total on-road vehicle fuel usage during construction. There are no unusual Project characteristics that would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in other parts of the state. Therefore, it is expected that construction fuel consumption associated with the proposed Project would not be any more inefficient, wasteful, or unnecessary than at other construction sites in the region. Table 10 Construction On-Road Fuel Consumption Project Component Total Annual Fuel Consumption (gallons) Site Preparation 220 Grading 343 Building Construction 5,283 Paving 206 Architectural Coating 59 Total 6,111 Note: Totals may not appear to sum correctly due to rounding Source: Energy Consumption Calculations (Attachment C). Other Energy Consumption Anticipated During Project Construction Other equipment could include construction lighting, field services (office trailers), and electrically driven equipment such as pumps and other tools. The Project site is located in Fresno County, within the City of Fresno’s sphere of influence. Section 10 - 109 of the Fresno Municipal Code defines permissible hours of construction as between the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday.14 As construction activities would occur during daylight hours; it is anticipated that the use of construction lighting would be minimal. Singlewide mobile office trailers, which are commonly used in construction staging areas, generally range in size from 160 square feet to 720 square feet. A typical 720-square-foot office trailer would consume approximately 16,881 kWh during the approximate 1.1-year construction phase (Attachment C of Appendix A). Long-Term Operations Transportation Energy Demand Table 11 provides an estimate of the daily and annual fuel consumed by vehicles traveling to and from the proposed Project. These estimates were derived using the same assumptions used in the operational air quality analysis for the proposed Project. Table 11 Long-Term Operational Vehicle Fuel Consumption Vehicle Type Daily VMT Annual VMT Average Fuel Economy (miles/ gallon) Total Daily Fuel Consumption (gallons) Total Annual Fuel Consumption (gallons) Passenger Vehicles 2,081 759,468 22.301 93.3 34,061 14 City of Fresno. 2020. Fresno Municipal Code, Section 10-105. Website: https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH10REREPUNUREPRCOUS_ART1N ORE_S10-109EX. Accessed May 1, 2023. Vehicle Type Daily VMT Annual VMT Average Fuel Economy (miles/ gallon) Total Daily Fuel Consumption (gallons) Total Annual Fuel Consumption (gallons) Heavy-Heavy Trucks (HHDT) 6,300 2,299,500 6.01 1,048.4 382,655 Total 8,381 3,058,968 — 1,142 416,716 Notes: 1 This value represents the average fuel economy for light -duty autos. The calculations were completed with the average fuel consumption values for the various vehicle types included in the passenger vehicle fleet (see Attachment C). Percent of Vehicle Trips and VMT provided by CalEEMod. VMT = vehicle miles traveled Source: Energy Consumption Calculations (Attachment C of Appendix A). As shown above, daily vehicular fuel consumption is estimated to be 1,142 gallons of gasoline and diesel fuel combined, with 93.3 gallons from passenger vehicles and 1,048.4 gallons from heavy-duty trucks. Annual consumption is estimated at 416,716 gallons (with 34,061 gallons from passenger vehicles and 382,655 from heavy -duty trucks). In addition, the proposed Project would constitute development within an established community and would not be opening a new geographical area for development. As such, the proposed Project would not result in unusually long trip lengths for future employees, vendors, or visitors. in an Industrial area of south Fresno just off the east side of Highway 41 and south of Highway 99 in Fresno County. Specifically, the Project site is on the west side of S. Cherry Avenue and south of East North Avenue. The proposed Project would be well-positioned to accommodate an existing community. Vehicles accessing the site would be typical of vehicles accessing similar warehouse-type uses in the Fresno region and surrounding areas. For these reasons, it would be expected that vehicular fuel consumption associated with the proposed Project would not be any more inefficient, wasteful, or unnecessary than for any other similar land use activities in the region, and impacts would be less than significant. Building Energy Demand As shown in Table 12 and Table 13 the proposed Project is estimated to demand 1,544,583 kilowatt-hours (KWhr) of electricity and 1,127,316 1,000-British Thermal Units (KBTU) of natural gas, respectively, on an annual basis. Table 12 Long-Term Electricity Usage Land Use Total Electricity Demand (KWhr/year) Unrefrigerated Warehouse-No Rail 741,047 General Office Building 157,091 Automobile Care Center 142,370 Parking Lot 504,075 Other Asphalt Surfaces 0 Total 1,544,583 Source: Energy Consumption Calculations (Attachment C of Appendix A). Table 13 Long-Term Natural Gas Usage Land Use Total Natural Gas Demand (KBTU/year) Unrefrigerated Warehouse-No Rail 368,056 General Office Building 267,592 Automobile Care Center 491,668 Parking Lot 0 Other Asphalt Surfaces 0 Total 1,127,316 Source: Energy Consumption Calculations (Attachment C of Appendix A). As the Project site is currently undeveloped, this would represent an increase in demand for electricity and natural gas. It would be expected that building energy consumption associated with the proposed Project would not be any more inefficient, wasteful, or unnecessary than for any other similar buildings in the region. Current state regulatory requirements for new building construction contained in the 2022 CALGreen and Title 24 standards would increase energy efficiency and reduce energy demand in comparison to existing commercial structures, and therefore would reduce actual environmental effects associated with energy use from the proposed Project. Additionally, the CALGreen and Title 24 standards have increased efficiency standards through each update. Therefore, while the proposed Project would result in increased electricity and natural gas demand, the electricity and natural gas would be consumed more efficiently and would be typical of existing industrial development. Based on the above information, the proposed Project would not result in the inefficient or wasteful consumption of electricity or natural gas, and impacts would be less than significant. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. The approximately 15.95-acre project site is located in Fresno County. The Project site is located within the City of Fresno’s sphere of influence and its planned land use designation is Employment – Heavy Industrial. A Pre-zone Application and Annexation Application are being submitted concurrently with the Development Application. The Fresno General Plan contains the following implementing policies related to energy conservation that are relevant to the proposed Project.15 RC-5-b Greenhouse Gas Reduction Plan. As is consistent with State law, prepare and adopt a Greenhouse Gas Reduction Plan as part of the Master Environmental Impact Report to be concurrently approved with the Fresno General Plan in order to achieve compliance with State mandates, assist development by streamlining the approval process, and focus on feasible actions the City can take to minimize the adverse impacts of growth and development on global climate change. The Greenhouse Gas Reduction Plan shall include, but not be limited to: • A baseline inventory of all known or reasonably discoverable sources of GHGs that currently exist in the city and sources that existed in 1990. • A projected inventory of the GHGs that can reasonably be expected to be emitted from those sources in the year 2035 with implementation of this General Plan and foreseeable communitywide and municipal operations. • A target for the reduction of emissions from those identified sources. • A list of feasible GHG reduction measures to meet the reduction target, including energy conservation and “green building” requirements in municipal buildings and private development. • Periodically update municipal and community-wide GHG emissions inventories to determine the efficacy of adopted measures and to guide 15 City of Fresno. 2014. City of Fresno General Plan. December. Website: https://www.fresno.gov/darm/general-plan- development-code/. Accessed May 1, 2023. future policy formulation needed to achieve and maintain GHG emissions reduction targets. RC-5-c GHG Reduction through Design and Operations. Increase efforts to incorporate requirements for GHG emission reductions in land use entitlement decisions, facility design, and operational measures subject to City regulation through the following measures and strategies: • Promote the expansion of incentive-based programs that involve certification of projects for energy and water efficiency and resiliency. These certification programs and scoring systems may include public agency “Green” and conservation criteria, Energy Star™ certification, CALGreen Tier 1 or Tier 2, Leadership in Energy Efficient Design (LEED™) certification, etc. • Promote appropriate energy and water conservation standards and facilitate mixed-use projects, new incentives for infill development, and the incorporation of mass transit, bicycle and pedestrian amenities into public and private projects. • Require energy and water audits and upgrades for water conservation, energy efficiency, and mass transit, pedestrian, and bicycle amenities at the time of renovation, change in use, change in occupancy, and change in ownership for major projects meeting review thresholds specified in an implementing ordinance. • Incorporate the City’s “Guidelines for Ponding Basin/Pond Construction and Management to Control Mosquito Breeding” as conditions of approval for any project using an on-site stormwater basin to prevent possible increases in vector-borne illnesses associated with global climate change. • Periodically evaluate the City’s facility maintenance practices to determine whether there are additional opportunities to reduce GHGs through facility cleaning and painting, parks maintenance, road maintenance, and utility system maintenance. • Periodically evaluate standards and mitigation strategies for highly vehicle-dependent land uses and facilities, such as drive-through facilities and auto-oriented development. RC-5-f Toolkit. Provide residents and project applicants with a “toolkit” of generally feasible measures that can be used to reduce GHG emissions, including educational materials on energy-efficient and “climate-friendly” products. RC-8-a Existing Standards and Programs. Continue existing beneficial energy conservation programs, including adhering to the California Energy Code in new construction and major renovations. RC-8-b Energy Reduction Targets. Strive to reduce per capita residential electricity use to 1,800 kWh per year and non-residential electricity use to 2,700 kWh per year per capita by developing and implementing incentives, design and operation standards, promoting alternative energy sources, and cost-effective savings. RC-8-c Energy Conservation in New Development. Consider providing an incentive program for new buildings that exceed California Energy Code requirements by fifteen percent. RC-8-e Energy Use Disclosure. Promote compliance with State law mandating disclosure of a building’s energy data and rating of the previous year to prospective buyers and lessees of the entire building or lenders financing the entire building. While several of these policies are voluntary or cannot be implemented by an individual development project, compliance with Title 24 standards would ensure that the proposed Project would not conflict with any of the General Plan energy conservation policies related to the proposed project’s building envelope, mechanical systems, and indoor and outdoor lighting. In addition, the proposed Project would constitute development within an established community and would not be opening a new geographical area for development such that it would not result in unusually long trip lengths for future employees or vendors. The property is located just off the east side of Highway 41 and south of Highway 99 in Fresno County and is located near simar industrial uses. The development proposed by Crown Enterprises, Inc. will serve as the long-term regional facility for Central Transport for the purpose of providing less-than-truckload freight services for local and nationally based businesses. For the above reasons, the proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and impacts would be less than significant. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VII. GEOLOGY AND SOILS – Would the project: a) Directly or Indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? X f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X DISCUSSION a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less Than Significant Impact. The proposed Project site is not located in an earthquake fault zone as delineated by the 1972 Alquist-Priolo Earthquake Fault Zoning Map Act. The nearest known potentially active fault is the Clovis Fault, located about 15 miles east of the site. No active faults have been mapped within the Project boundaries, so there is no potential for fault rupture. Any impacts would be less than significant. ii. Strong seismic ground shaking? Less Than Significant Impact. It is anticipated that the proposed Project site would be subject to some ground acceleration and ground shaking associated with seismic activity during its design life. The Project site is engineered and constructed in strict accordance with the earthquake resistant design requirements contained in the latest edition of the California Building Code (CBC) for seismic zone III, as well as Title 24 of the California Administrative Code, and therefore would avoid potential seismically induced hazards on planned structures. The impact of strong seismic ground shaking on the Project would be less than significant. iii. Seismic-related ground failure, including liquefaction? Less Than Significant Impact. According to the USGS, liquefaction takes place when loosely packed, water-logged sediments at or near the ground surface lose their strength in response to strong ground shaking.16 The potential for soil liquefaction within the City of Fresno ranges from very low to moderate due to the variable density of the subsurface soils and the presence of shallow groundwater. The soil in the proposed area consists primarily of Hesperia fine sandy loam and some Hanford sandy loam. These soils are considered well- drained and having very low to negligible runoff. These soil types are typically not associated with seismic-related ground failure or liquefaction.17 The proposed Project is subject the California Building Code, as well as the City’s General Plan Policies NS-2-a through NS-2-d and to policies in the Fresno Municipal Code, including Sections 11-101, 12-1022 and 12-1023, which reduce potential settlement and lateral spread impacts to less than significant levels. iv. Landslides? Less Than Significant Impact. The Project site is flat and located on the Valley floor in an urbanized part of the city which precludes the possibility of landslides in the area. The proposed Project site is not located in an earthquake fault zone as delineated by the 1972 Alquist-Priolo Earthquake Fault Zoning Map Act. The nearest known potentially active fault is the Clovis Fault, located approximately 15 miles east of the site. No active faults have been mapped within the Project boundaries, so there is no potential for fault rupture. It is anticipated that the 16 USGS: https://www.usgs.gov/faqs/what-liquefaction. Accessed February 2024. 17 Web Soil Survey, USDA. https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. Accessed February 2024. proposed Project site would be subject to some ground acceleration and ground shaking associated with seismic activity during its design life; however, the industrial building has been engineered and constructed in strict accordance with the earthquake resistant design requirements contained in the latest edition of the California Building Code (CBC) for seismic zone III, as well as Title 24 of the California Administrative Code, and therefore would avoid potential seismically induced hazards on planned structures. The impact of seismic hazards on the Project would be less than significant. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. Construction activities associated with the Project involve ground preparation work for the transfer platform, maintenance shop, parking, two office spaces and associated improvements related to the less-than-truckload freight services facility. These activities could expose barren soils to sources of wind or water, resulting in the potential for erosion and sedimentation on and off the Project site. During construction, nuisance flow caused by minor rain could flow off -site. The City and/or contractor would be required to employ appropriate sediment and erosion control BMPs as part of a Stormwater Pollution Prevention Plan (SWPPP) that would be required in the California National Pollu tion Discharge Elimination System (NPDES). In addition, soil erosion and loss of topsoil would be minimized through implementation of the SJVAPCD fugitive dust control measures (See Section III). Once construction is complete, the Project would not result in soil erosion or loss of topsoil. Adherence to local and state requirements will ensure that any impacts are less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less Than Significant Impact. As discussed in Impact a) above, the site is not at significant risk from earthquakes, ground shaking, liquefaction, or landslide and is otherwise considered geologically stable. Subsidence is typically related to over - extraction of groundwater from certain types of geologic formations where the water is partly responsible for supporting the ground surface. however, the City of Fresno is not recognized by the U.S. Geological Service as being in an area of subsidence.18 Impacts are considered less than significant. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property? Less Than Significant Impact. The soil on the proposed Project site is comprised primarily of Hesperia fine sandy loam deep (86.1%) and deep saline-sodic (10%), and Hanford sandy loam (3.9%). These soil types are considered well drained with a low ability for water storage, which means they are unlikely to expand.19 Any impacts are less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The proposed Project does not include the construction, replacement, or disturbance of septic tanks or alternative wastewater disposal systems. The Project will be required to tie into existing sewer services (See Utilities section for more details). Therefore, there is no impact. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact with Mitigation Incorporated. As identified in the cultural resources records search performed for the Project site (see Appendix C), there are no known paleontological resources on or near the site. (See Section V. for more details). Mitigation measures CUL-1, CUL-2 and CUL-3 have been added that will protect unknown (buried) resources, including paleontological resources, uncovered during construction by necessitating consultation with a specialist of Native Tribes as required. There are no unique geological features on site or in the area. Therefore, there is a less than significant impact with mitigation incorporated. Mitigation Measures 18 U.S. Geological Service. Areas of Land Subsidence in California. https://ca.water.usgs.gov/land_subsidence/california- subsidence-areas.html. Accessed February 2023. 19 USDA Natural Resources Conservation Service. Custom Soil Resource Report for Eastern Fresno Area, California. CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. CUL-2: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City o n the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with CEQA Guidelines Section 15064.5. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City approved institution or person who is capable of providing long term preservation to allow future scientific study. If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. CUL-3: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VIII. GREENHOUSE GAS EMISSIONS – Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X DISCUSSION a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. The Project is in unincorporated Fresno County; however, a Pre-Zone/Rezone Application and Annexation Application are being submitted concurrently to the City of Fresno with the Development Application. The City of Fresno does not have a GHG reduction plan that can be relied upon for maki ng significance determinations. . The County of Fresno has not adopted a GHG reduction plan. In addition, Fresno County has not completed the GHG inventory, benchmarking, or goal‐setting process required to identify a reduction target and take advantage of the streamlining provisions contained in the CEQA Guidelines amendments adopted for SB 97 and clarifications provided in the CEQA Guidelines amendments adopted on December 28, 2018. The SJVAPCD has adopted a Climate Action Plan, but it does not contain measures that are applicable to the Project. Therefore, the SJVAPCD Climate Action Plan cannot be applied to the Project. Since no other local or regional Climate Action Plan is in place, the Project is assessed for its consistency with CARB’s adopted Scoping Plans. Consistency with CARB’s Adopted Scoping Plans The State’s regulatory program implementing the 2008 Scoping Plan is now fully mature. All regulations envisioned in the Scoping Plan have been adopted, and the effectiveness of those regulations has been estimated by the agencies during the adoption process and then tracked to verify their effectiveness after implementation. The combined effect of this successful effort is that the State now projects that it will meet the 2020 target and achieve continued progress toward meeting post -2020 targets. Governor Brown, in the introduction to Executive Order B-30-15, stated “California is on track to meet or exceed the current target of reducing greenhouse gas emissions to 1990 levels by 2020, as established in the California Global Warming Solutions Act of 2006 (AB 32).” Consistency with SB 32 and the 2017 Scoping Plan The 2017 Climate Change Scoping Plan Update (2017 Scoping Plan) includes the strategy that the State intends to pursue to achieve the 2030 targets of Executive Order S‐3‐05 and SB 32. Table 14 provides an analysis of the project’s consistency with the 2017 Scoping Plan Update measures. Table 14 Consistency with SB 32 2017 Scoping Plan Update Scoping Plan Measure Project Consistency SB 350 50% Renewable Mandate. Utilities subject to the legislation will be required to increase their renewable energy mix from 33% in 2020 to 50% in 2030 (now 60% under SB 100). Consistent: The project will purchase electricity from a utility subject to the SB 350 Renewable Mandate. The specific provider for this project is Pacific Gas and Electric Company (PG&E). In February 2018, PG&E announced that it had reached California's 2020 renewable energy goal 3 years ahead of schedule and delivers nearly 80 percent of its electricity from GHG-free resources.1 SB 350 Double Building Energy Efficiency by 2030. This is equivalent to a 20 percent reduction from 2014 building energy usage compared to current projected 2030 levels. Not Applicable. This measure applies to existing buildings. New structures are required to comply with Title 24 Energy Efficiency Standards that are expected to increase in stringency over time. New buildings constructed as part of the proposed project would comply with the applicable Title 24 Energy Efficiency Standards in effect at the time building permits are received. The current Title 24 regulations are the 2022 Title 24 standards, which become effective January 1, 2023. Low Carbon Fuel Standard. This measure requires fuel providers to meet an 18 percent reduction in carbon content by 2030. Consistent. This is a Statewide measure that cannot be implemented by a project applicant or lead agency. However, vehicles accessing the project site would be subject to the standards. Vehicles accessing the project Scoping Plan Measure Project Consistency site will use fuel containing lower carbon content as the fuel standard is implemented. Mobile Source Strategy (Cleaner Technology and Fuels Scenario). Vehicle manufacturers will be required to meet existing regulations mandated by the LEV III and Heavy‐Duty Vehicle programs. The strategy includes a goal of having 4.2 million ZEVs on the road by 2030 and increasing numbers of ZEV trucks and buses. Consistent. Future employees and visitors can be expected to purchase increasing numbers of more fuel- efficient and zero emission cars and trucks each year. Sustainable Freight Action Plan. The plan’s target is to improve freight system efficiency 25 percent by increasing the value of goods and services produced from the freight sector, relative to the amount of carbon that it produces by 2030. This would be achieved by deploying over 100,000 freight vehicles and equipment capable of zero emission operation and maximize near‐zero emission freight vehicles and equipment powered by renewable energy by 2030. Consistent. The measure applies to owners and operators of trucks and freight operations. The proposed project is industrial in nature and would support truck and freight operations. The project operator(s) and truck owners that would service future operations can participate in incentives programs on electric vehicles and charging equipment for trucks once a final project has been identified. Deliveries and freight operations are expected to be made by increasing number of ZEV trucks as a result of more stringent regulations, incentive programs, infrastructure developments, and increased access/availability of relevant technology. Short‐Lived Climate Pollutant (SLCP) Reduction Strategy. The strategy requires the reduction of SLCPs by 40 percent from 2013 levels by 2030 and the reduction of black carbon by 50 percent from 2013 levels by 2030. Consistent. The project does not include sources that produce significant quantities of methane or black carbon. However, diesel trucks accessing the site will achieve significant reductions in PM2.5 with adopted regulations that will reduce this source of black carbon. SB 375 Sustainable Communities Strategies. Requires Regional Transportation Plans to include a sustainable communities strategy for reduction of per capita vehicle miles traveled. Consistent. The project is not within an SCS priority area and so is not subject to requirements applicable to those areas. Post‐2020 Cap‐and‐Trade Program. The Post 2020 Cap‐and‐Trade Program continues the existing program for another 10 years. The Cap‐ and‐Trade Program applies to large industrial sources such as power plants, refineries, and cement manufacturers. Consistent. The post‐2020 Cap‐and‐Trade Program indirectly affects people who use the products and services produced by the regulated industrial sources when increased cost of products or services (such as electricity and fuel) are transferred to the consumers. The Cap‐and‐Trade Program covers the GHG emissions associated with electricity consumed in California, whether generated in‐state or imported. Accordingly, GHG emissions associated with CEQA projects’ electricity usage are indirectly covered by the Cap-and‐ Trade Program. The Cap‐and‐Trade Program also covers fuel suppliers (natural gas and propane fuel providers and transportation fuel providers) to address emissions from such fuels and from combustion of other fossil fuels not directly covered at large sources in the program’s first compliance period. Natural and Working Lands Action Plan. CARB is working in coordination with several other agencies at the federal, state, and local levels, stakeholders, and with the public, to develop measures as outlined in the Scoping Plan Update and the governor’s Executive Order B‐30‐15 to reduce GHG emissions and to cultivate net carbon sequestration potential for California’s natural and working land. Not Applicable. The project site is approximately 15.95 acres in size and will change the land use from Agricultural to Heavy Industrial. The 15.95-acre project site is located in an industrial area, just off the east side of Highway 41 and south of Highway 99 in Fresno County and would not be considered a significant source of carbon sequestration. Once operational, the project would not be considered working lands. Source: California Air Resources Board (CARB). 2017. The 2017 Climate Change Scoping Plan Update. January 20. Website: https://www.arb.ca.gov/cc/scopingplan/2030sp_pp_final.pdf. Accessed April 24, 2023. 1 Pacific Gas and Electric (PG&E). 2018. PG&E Clean Energy Deliveries Already Meet Future Goals. Website: www.pge.com/en/about/newsroom/newsdetails/index.page?title=20180220_pge_clean_energy_deliveries_alread y_meet_future_goals. Accessed April 24, 2023. As described in Table 14, the proposed Project would be consistent with applicable 2017 Scoping Plan Update measures and would not obstruct the implementation of others that are not applicable. The State’s regulatory program is able to target both new and existing development because the two most important strategies, motor vehicle fuel efficiency and emissions from electricity generation, obtain reductions equally from existing sources and new sources. This is because all vehicle operators use cleaner low carbon fuels and buy vehicles subject to the fuel efficiency regulations and all building owners or operators purchase cleaner energy from the grid that is produced by increasing percentages of renewable fuels. This includes regulations on mobile sources such as the Pavley standards that apply to all vehicles purchased in California, the LCFS (Low Carbon Fuel Standard) that applies to all fuel sold in California, and the Renewable Portfolio Standard and Renewable Energy Standard under SB 100 that apply to utilities providing electricity to all California end users. Moreover, the Scoping Plan strategy will achieve more than average reductions from energy and mobile source sectors that are the primary sources related to development projects and lower than average reductions from other sources such as agriculture. The proposed Project’s operational GHG emissions would principally be generated from electricity consumption and vehicle use (including heavy trucks), which are directly under the purview of the Scoping Plan strategy and have experienced reductions above the State average reduction. Considering the information summarized above, the proposed Project would be consistent with the State’s AB 32 and SB 32 GHG reduction goals. Consistency Regarding GHG Reduction Goals for 2050 under Executive Order S ‐3‐ 05 and GHG Reduction Goals for 2045 under the 2022 Scoping Plan Regarding goals for 2050 under Executive Order S ‐3‐05, at this time it is not possible to quantify the emissions savings from future regulatory measures, as they have not yet been developed; nevertheless, it can be anticipated that operation of the proposed project would comply with whatever measures are enacted that State lawmakers decide would lead to an 80 percent reduction below 1990 levels by 2050. In its 2008 Scoping Plan, CARB acknowledged that the “measures needed to meet the 2050 are too far in the future to define in detail”. In the First Scoping Plan Update; however, CARB generally described the type of activities required to achieve the 2050 target: “energy demand reduction through efficiency and activity changes; large scale electrification of on‐road vehicles, buildings, and industrial machinery; decarbonizing electricity and fuel supplies; and rapid market penetration of efficiency and clean energy technologies that requires significant efforts to deploy and scale markets for the cleanest technologies immediately.” The 2017 Scoping Plan provides an intermediate target that is intended to achieve reasonable progress toward the 2050 target. In addition, the 2022 Scoping Plan outlines objectives, regulations, planning efforts, and investments in clean technologies and infrastructure that outlines how the State can achieve carbon-neutrality by 2045. CARB’s 2022 Scoping Plan for Achieving Carbon Neutrality was approved in December 2022 and expands on prior Scoping Plans and legislations -such as AB 1279-by outlining a technologically feasible, cost-effective, and equity-focused path to achieve the State’s climate target of reducing anthropogenic GHG emissions to 85 percent below 1990 levels and achieving carbon neutrality by 2045 or earlier.20 The 2022 Scoping Plan has a two-prong approach to decarbonization: (1) managing existing energy sources and technology and (2) developing and deploying alternative clean energy sources and technology over time.21 Key actions to support success of the 2022 Scoping Plan include, but are not limited to, reductions in the energy and transportation sectors: • Energy Sector: Long-term planning to support grid reliability and expansion of renewable and zero-carbon resource and infrastructure deployment; completing systemwide and local reliability assessments; facilitating resource development such as long-duration energy storage and hydrogen production; maximizing opportunities for demand response; enhancing decarbonization, reliability, and affordability in regional markets; addressing resource build-out challenges; and doubling statewide energy efficiency savings in electricity and fossil gas end uses by 2030; achieving 90 percent, 95 percent, and 100 percent renewable and zero - carbon retail sales by 2035, 2040, and 2045, respectively • Transportation Sector: o Decarbonizing the transportation sector, including transitioning to 100 percent sales of light-duty zero emission vehicles (ZEVs) by 2035 and medium- and heavy-duty vehicles by 2040; achieving a 20 percent zero emission target for the aviation sector, and developing a rapid and robust network of ZEV refueling infrastructure. o Ensuring that an adequate supply of zero-carbon alternative fuel which will require building the production and distribution network for zero- carbon fuels; strengthening the Cap-and-Trade Program; and increasing the stringency and scope of the Low Carbon Fuel Standard (LCFS). 20 California Air Resources Board (ARB). 2022. Final 2022 Scoping Plan Update and Appendices. December. Website: https://ww2.arb.ca.gov/our-work/programs/ab-32-climate-change-scoping-plan/2022-scoping-plan-documents. Accessed April 9, 2024. 21 California Air Resources Board (CARB). 2022. 2022 Scoping Plan for Achieving Carbon Neutrality (2022 Scoping Plan). Website: https://ww2.arb.ca.gov/resources/documents/2022-scoping-plan-documents. Accessed March 5, 2024. o Achieving a per capita VMT reduction of at least 25 percent below 2019 levels by 2030 and 30 percent below 2019 levels by 2045 by reimagining roadway projects to decrease VMT, investing in public transit, implementing equitable roadway pricing; expanding and completing planned networks of high-quality active transportation infrastructure; deploying autonomous vehicles, ride-hailing services, and other options which have higher occupancy and low VMT; streamlining access to public transportation; and ensuring alignment of land use, housing, transportation; conservation and planning in adopted regional plans and accelerating infill development and housing production in transportation efficient places. To achieve carbon neutrality by 2045, the 2022 Scoping Plan contains GHG reductions, technology, and clean energy mandated by statutes, reduction of short - lived climate pollutants, and mechanical carbon dioxide capture and sequestration actions. Table 16 contains a list of key GHG emission reduction actions and strategies from the 2022 Scoping Plan and assesses the project’s consistency with these actions and strategies. Table 16 Project Consistency with 2022 Scoping Plan 2022 Scoping Plan Actions and Strategies Responsible Parties Project Consistency Transportation Technology • Achieve 100 percent ZEV sales of light duty vehicles by 2035 and medium heavy-duty vehicles by 2040. • Achieve 20 percent zero-emission target for the aviation sector. • Develop a rapid and robust network of ZEV refueling infrastructure to support needed transition to ZEVs. • Ensure that the transition of ZEV technology is affordable for low-income households and communities of color and meets the needs of communities and small business. • Prioritize incentive funding for heavy-duty ZEV technology deployment in regions of the state with the highest concentrations of harmful criteria and toxic air contaminant emissions. State agencies and local agencies No Conflict: Vehicles must transition to zero- emission technology to decarbonize the transportation sector. Executive Order N-79-20 reflects the urgency of transitioning to zero emission vehicles (ZEVs) by establishing target dates for reaching 100 percent ZEV sales or fleet transitions to ZEV technology. EO N-79-20 calls for 100 percent ZEV sales of new light-duty vehicles by 2035. The Advanced Clean Cars II regulation fulfills this goal and serves as the primary mechanism to help deploy ZEVs. A number of existing incentive programs also support this transition, including the Clean Cars 4 All Program. EO N-79-20 also sets targets for transitioning the medium- and heavy-duty fleet to zero emissions: by 2035 for drayage trucks and by 2045 for buses and heavy-duty long-haul trucks where feasible. Replacing heavy-duty vehicles with ZEV technology will substantially reduce GHG emissions and diesel PM emissions in communities adjacent to ports, distribution centers, and highways. 2022 Scoping Plan Actions and Strategies Responsible Parties Project Consistency • Promote private investment in the transition to ZEV technology, undergirded by regulatory certainty such as infrastructure credits in the Low Carbon Fuel Standard for hydrogen and electricity and hydrogen station grants from the CEC’s Clean Transportation Program pursuant to Executive Order B-48-18. • Evaluate and continue to offer incentives similar to those through FARMER, Carl Moyer, the Clean Fuel Reward Program, the Community Air Protection Program, the Low Carbon Transportation, including CORE. Where feasible, prioritize and increase funding for clean transportation equity programs. • Continue and accelerate funding support for zero emission vehicles and refueling infrastructure through 2030 to ensure the rapid transformation of the transportation sector. EO N-79-20 sets an off-road equipment target of transitioning the entire fleet to ZEV technology by 2035, where feasible. There are a number of funding sources available to support this transition, including FARMER, Carl Moyer, and Community Air Protection Incentives; as well as Low Carbon Transportation Incentives, including the Clean Off- Road Equipment program. Refueling infrastructure is a crucial component of transforming transportation technology. Electric vehicle chargers and hydrogen refueling stations must become easily accessible for all drivers to support a wholesale transition to ZEV technology. Deployment of ZEV refueling infrastructure is currently supported by a number of existing State public funding mechanisms. Intrastate aviation relies on internal combustion engine technology today, but battery-electric and hydrogen fuel cell aviation applications are in development, along with sustainable aviation fuel. GHG emissions generated by project-related passenger and truck vehicle travel would benefit from the above regulations and programs, and mobile source emissions generated by the proposed project would be reduced as automobiles and truck fleets are transitioned to ZEV technology. Additionally, the project would include EV charging infrastructure in accordance with regulations which would support the transition to EV technology. Thus, the project would not conflict with actions under the transportation technology sector. Transportation Fuels • Accelerate the reduction and replacement of fossil fuel production and consumption in California. • Incentivize private investment in new zero- carbon fuel production in California. • Incentivize the transition of existing fuel production and distribution assets to support deployment of low- and zero-carbon fuels while protecting public health and the environment. State and Local agencies No Conflict: Mobile source emissions generated by the project would be reduced with implementation of the wider use of zero-carbon fuels consistent with reduction of GHG emissions under AB 1279. Additionally, (as applicable) the project would utilize energy efficiency appliances and equipment and will meet the applicable energy standards in the Title 24 Building Energy Efficiency Standards and CALGreen Code, which will limit the amount of fossil fuel use and GHG emissions. The project would comply with local building codes and incorporating paved areas and landscaping. Considering the relevant actions and strategies require action by the state and local agencies, project consistency is determined by assessing 2022 Scoping Plan Actions and Strategies Responsible Parties Project Consistency • Invest in the infrastructure to support reliable refueling for transportation such as electricity and hydrogen refueling. • Evaluate and propose, as needed, changes to strengthen the Cap-and-Trade Program. • Initiate a public process focused on options to increase the stringency and scope of the LCFS: - Evaluate and propose accelerated carbon intensity targets pre-2030 for LCFS. - Evaluate and propose further declines in LCFS post-2030 carbon intensity targets to align with this 2022 Scoping Plan. - Consider integrating opt-in sectors into the program. - Provide capacity credits for hydrogen and electricity for heavy-duty fueling. • Monitor for and ensure that raw materials used to produce low-carbon fuels or technologies do not result in unintended consequences. whether the project would conflict with the actions needed in the transportation fuels sector. As supported by the information provided above, the project would not conflict with actions in the transportation fuels sector. Vehicles Miles Traveled • Achieve a per capita VMT reduction of at least 25 percent below 2019 levels by 2030 and 30 percent below 2019 levels by 2045. • Reimagine new roadway projects that decrease VMT in a way that meets community needs and reduces the need to drive. • Invest in making public transit a viable alternative to driving by increasing affordability, reliability, coverage, service frequency, and consumer experience. • Implement equitable roadway pricing strategies based on local context and need, reallocating revenues to improve transit, bicycling, and other sustainable transportation choices. State agencies and local agencies No Conflict: VMT reductions will play a crucial role in reducing overall transportation energy demand and achieving California’s climate, air quality, and equity goals. CARB did not set regulatory limits on VMT in the 2022 Scoping Plan because the authority to reduce VMT largely lies with state, regional, and local transportation, land use, and housing agencies, along with the Legislature and its budgeting choices. The project-specific traffic report includes a VMT analysis for the project.22 As noted in the traffic report, the City of Fresno VMT guidelines specify that VMT analysis only includes passenger vehicles. The project would generate approximately 180 passenger vehicle trips per day, which is fewer than the 500-average-daily-trip level that would trigger the need for a more detailed VMT analysis based on City of Fresno VMT guidelines. As such, the project would not result in a significant VMT impact and the 22 Ruettgers & Schuler Civil Engineers. 2023. Crown Central Transport Regional Facility Traffic Study – Fresno, CA. August. 2022 Scoping Plan Actions and Strategies Responsible Parties Project Consistency • Expand and complete planned networks of high- quality active transportation infrastructure. • Channel the deployment of autonomous vehicles, ride-hailing services, and other new mobility options toward high passenger- occupancy and low VMT-impact service models that complement transit and ensure equitable access or priority populations. • Streamline access to public transportation through programs such as the California Integrated Travel Project. • Ensure alignment of land use, housing, transportation, and conservation planning in adopted regional plans and local plans (e.g., general plans, zoning, and local transportation plans), and develop tools to support implementation of these plans. • Accelerate infill development and housing production at all affordability levels in transportation-efficient places, with a focus on housing for lower income residents. project would not conflict with actions in the vehicle miles traveled sector. Clean Electricity Grid • Per SB 350, double statewide energy efficiency savings in electricity and fossil gas end uses by 2030, through a combination of energy efficiency and fuel substitution actions. • Use long-term planning processes to support grid reliability and expansion of renewable and zero-carbon resource and infrastructure deployment. • Complete systemwide and local reliability assessments. Such assessments should be completed before state agencies update their electricity sector GHG targets. • Prioritize actions to mitigate impacts to electricity reliability and affordability and provide sufficient flexibility in the state’s decarbonization roadmap for adjustments as may be needed. • Facilitate long lead-time resource development. State agencies and local agencies No Conflict: Decarbonizing the electricity sector depends on both using energy more efficiently and replacing fossil-fueled generation with renewable and zero carbon resources, including solar, wind, energy storage, geothermal, biomass, and hydroelectric power. The RPS Program and the Cap-and-Trade Program continue to incentivize dispatch of renewables over fossil generation to serve state demand. SB 100 increased RPS stringency to require 60 percent renewables by 2030 and for California to provide 100 percent of its retail sales of electricity from renewable and zero-carbon resources by 2045. Furthermore, SB 1020 has added interim targets to SB 100’s policy framework to require renewable and zero-carbon resources to supply 90 percent of all retail electricity sales by 2035 and 95 percent of all electricity retail sales by 2040; establish a planning goal of at least 20 GW of offshore wind by 2045; and that state agencies plan for an energy transition that avoids the need 2022 Scoping Plan Actions and Strategies Responsible Parties Project Consistency • Continue coordination between energy agencies and energy proceedings to maximize opportunities for demand response. • Continue to explore the benefits of regional markets to enhance decarbonization, reliability, and affordability. • Address resource build-out challenges, including permitting, interconnection, and transmission network upgrades. • Explore new financing mechanisms and rate designs to address affordability. • Per SB 100 and SB 1020, achieve 90 percent, 95 percent, and 100 percent renewable and zero-carbon retail sales by 2035, 2040, and 2045, respectively. • Evaluate and propose, as needed, changes to strengthen the Cap-and-Trade Program. • Target programs and incentives to support and improve access to renewable and zero-carbon energy projects (e.g., rooftop solar, community owned or controlled solar or wind, battery storage, and microgrids) for communities most at need, including frontline, low-income, rural, and indigenous communities. • Prioritize public investments in zero-carbon energy projects to first benefit the most overly burdened communities affected by pollution, climate impacts, and poverty. for new fossil gas capacity to meet California’s long-term energy goals. California also continues to advance its appliance and building energy efficiency standards to reduce growth in electricity consumption and meet the SB 350 goal to double statewide energy efficiency savings in electricity and fossil gas end uses by 2030. Increased transportation and building electrification and continued policy commitment to behind-the-meter solar and storage will continue to drive growth of microgrids and other distributed energy resources. Continued transition to renewable and zero-carbon electricity resources will enable electricity to become a zero-carbon substitute for fossil fuels. This transformation will drive investments in a large fleet of generation and storage resources but will also require significant transmission to accommodate these new capacity additions. Resources such as storage and demand-side management are essential to maintain reliability with high concentrations of renewables. Hydrogen produced from renewable resources and renewable feedstocks can serve a dual role as a low-carbon fuel for existing combustion turbines or fuel cells, and as energy storage for later use. As applicable, the proposed project would utilize energy efficiency appliances (such as in the office space) and equipment and will meet the applicable energy standards in the Title 24 Building Energy Efficiency Standards and CALGreen Code. As such, the project would not conflict with actions under the clean electricity grid sector. Sustainable Manufacturing and Buildings • Maximize air quality benefits using the best available control technologies for stationary sources in communities most in need. • Implement SB 905, which requires CARB to create the Carbon Capture, Removal, Utilization, and Storage Program to evaluate, demonstrate, and regulate carbon capture, utilization, and sequestration and carbon dioxide removal projects and technology. State agencies and local agencies No Conflict: The 2022 Scoping Plan reduces dependence on fossil gas in the industrial and building sectors by transitioning substantial energy demand to alternative fuels. Combustion of fossil gas, other gaseous fossil fuels, and solid fossil fuels provide energy to meet three broad industry needs: electricity, steam, and process heat. Non- combustion emissions result from fugitive emissions and from the chemical transformations inherent to some manufacturing processes. Decarbonizing industrial facilities depends upon displacing fossil fuel use with a mix of electrification, solar thermal heat, biomethane, 2022 Scoping Plan Actions and Strategies Responsible Parties Project Consistency • End fossil gas infrastructure expansion for newly constructed buildings. • Develop a net-zero cement strategy to meet SB 956 targets for the GHG intensity of cement use. • Leverage energy efficiency and low carbon hydrogen programs. • Prioritize most vulnerable residents with the majority of funds in the new $922 million Equitable Building Decarbonization program. • Achieve three million all-electric and electric- ready homes by 2030 and seven million by 2035 with six million heat pumps installed by 2030. • Adopt a zero-emission standard for new space and water heaters sold in California beginning in 2030. • Implement biomethane procurement targets for investor-owned utilities as specified in SB 1440. low- or zero-carbon hydrogen, and other low- carbon fuels to provide energy for heat and reduce combustion emissions. Emissions also can be reduced by implementing energy efficiency measures and using substitute raw materials that can reduce energy demand and some process emissions. Some remaining combustion emissions and some non-combustion CO2 emissions can be captured and sequestered. This sector has a continuing demand for fossil gas due to lack of non-combustion technologically feasible or cost- effective alternatives for certain industrial sectors. Microgrids powered by renewable resources and with battery storage are emerging as a key enabler of electrification and decarbonization at industrial facilities. The proposed project will serve as the long-term regional facility for Central Transport for the purpose of providing less-than-truckload freight services for local and nationally based businesses. No manufacturing activities are proposed at the project site. The project will utilize energy efficient appliances for the office space and as applicable within the project. The project would also meet the applicable energy standards in the Title 24 Building Energy Efficiency Standards and CALGreen Code. During operations, the project would have a less- than-significant VMT impact. As such, the project would not conflict with sustainable manufacturing buildings industry sector. Carbon Dioxide Removal and Capture Sector • Implement SB 905. • Achieve the 85 percent reduction in anthropogenic sources below 1990 levels per AB 1279 by incorporating Carbon Capture and Storage (CCS) into sectors and programs beyond transportation. • Evaluate and propose the role for CCS in cement decarbonization and as part of hydrogen peroxide pathways. • Explore carbon capture application for zero- carbon power for reliability needs per SB 100. State agencies and local agencies No Conflict: CARB has acknowledged that the deployment of carbon dioxide removal to counterbalance hard-to-abate residual emissions is needed to achieve net zero GHG emissions. Modeling shows that emissions from the AB 32 GHG Inventory sources will continue to persist even if all fossil related combustion emissions are phased out. Carbon dioxide removal includes both sequestration in natural and working lands and mechanical approaches such as: direct air capture, CCS (which is carbon capture from anthropogenic point sources involves capturing carbon from a smokestack of an emitting facility), or direct air capture (which captures carbon directly from the atmosphere). 2022 Scoping Plan Actions and Strategies Responsible Parties Project Consistency The project would not conflict with measures to increase carbon dioxide removal and capture. As such, the project would not conflict with action under the carbon dioxide removal and capture sector. Short-Lived Climate Pollutants (Non- Combustion Gases) • Install anaerobic digesters to maximize air and water quality protection, maximize biomethane capture, and direct biomethane to specific sectors. • Increase alternative manure management projects. • Expand markets for products made from organic waste. • Pursuant to SB 1137, develop leak detection and repair plans for facilities in health protection zones, implement emission detection system standards, and provide public access to emissions data. • Convert large HFC emitters to the lowest practical global warming potential (GWP) technologies. State agencies and local agencies No Conflict: SLCPs include black carbon, methane, and fluorinated gases. Dairy and livestock are the largest source of methane emissions followed by landfills. Black Carbon (soot) comes primarily from transportation, specifically heavy-duty vehicles followed by fuel combustion for residential, commercial, and industrial uses. The project would not conflict with SLCP dairy and livestock methane sector actions in the 2022 Scoping Plan. The project is a less-than-truckload freight services development and does not include dairy or livestock. Furthermore, the project does not include a new landfill or any oil or gas production, processing, or storage facilities. The project would comply with the 2022 CalGreen Code for energy efficiency and use of high-GWP refrigerants and would not conflict with these policies or actions. The project is a less-than- truckload freight services development that would not include fireplaces and would not result in a significant VMT impact; lower VMT results in a reduction of fuel combustion. Considering the information presented above, the project would not conflict with SLCP sector actions in the 2022 Scoping Plan. Natural and Working Lands • Implement AB 1757 and SB 27. • Implement the Climate Smart Strategy. • Accelerate the pace and scale of climate smart forest management to at least 2.3 million acres annually by 2025. • Accelerate the pace and scale of healthy soils practices to 80,000 acres annually by 2025, conserve at least 8,000 acres of annual crops annually, and increase organic agriculture to 20 percent of all cultivated acres by 2045. State agencies and local agencies No Conflict: AB 1757 requires state agencies to set targets for natural carbon removal and emissions reductions on natural and working lands. AB 1757 is expected to catalyze natural carbon sequestration in California by: requiring California Natural Resources Agency and CARB to establish targets for sequestration on natural and working lands for 2030, 2038, and 2045; ensuring that natural sequestration projects have rigorous measurement and verification; and establishing an expert committee to advise state agencies on modeling and implementation. SB 27 is designed to accelerate the removal of carbon from the atmosphere by expanding 2022 Scoping Plan Actions and Strategies Responsible Parties Project Consistency • Restore 60,000 acres of Delta wetlands annually by 2045. • Increase urban forestry investment annually by 200 percent, relative to business as usual. California’s carbon removal capability (i.e. sequestration) and improve the carbon retention of the state’s natural and working lands. The project is a less-than-truckload freight services development and would not include natural working lands. As such, the project would not conflict with natural and working strategies under the 2022 Scoping Plan. Source: California Air Resources Board (CARB). 2022. 2022 Scoping Plan for Achieving Carbon Neutrality. November 16. Website: https://ww2.arb.ca.gov/sites/default/files/2022-12/2022-sp_1.pdf. Accessed November 11, 2024. As shown above in Table 16, the proposed Project would not conflict with relevant 2022 Scoping Plan actions or strategies that aim to achieve the State’s climate target of reducing anthropogenic emissions to 85 percent below 1990 levels and achieving carbon neutrality by 2045. Impact Analysis Summary As described above, the proposed Project would be consistent with State GHG Plans and would not obstruct the State’s ability to meet its goals of reducing GHG emissions 40 percent below 1990 levels by 2030, carbon neutral by 2045, and 80 percent below 1990 levels by 2050. Therefore, the Project’s generation of GHG emissions would result in a less than significant impact on the environment. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact. The proposed Project is in unincorporated Fresno County; however, a Pre-Zone/Rezone Application and Annexation Application are being submitted concurrently to the City of Fresno with the Development Application. The City of Fresno does not have a GHG reduction plan that can be relied upon for making significance determinations. The County of Fresno has not adopted a GHG reduction plan. In addition, the County has not completed the GHG inventory, benchmarking, or goal‐setting process required to identify a reduction target and take advantage of the streamlining provisions contained in the CEQA Guidelines amendments adopted for SB 97 and clarifications provided in the CEQA Guidelines. The SJVAPCD has adopted a Climate Action Plan, but it does not contain measu res that are applicable to the Project. Therefore, the SJVAPCD Climate Action Plan cannot be applied to the Project. Since no other local or regional Climate Action Plan is in place, the Project is assessed for its consistency with CARB’s adopted Scoping Plans. This assessment is included under Impact GHG -A above. As demonstrated in the analysis contained under Impact GHG-A, the Project would not conflict with any applicable plan, policy, or regulation of an agency adopted to reduce the emissions of greenhouse gases. This impact would be less than significant. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IX. HAZARDS AND HAZARDOUS MATERIAL – Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? X DISCUSSION a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. The proposed Project consists of approximately 3,200 square foot administrative office, approximately 68,570 square foot cross-dock transfer platform, approximately 11,880 square foot fleet maintenance shop, 3,494 square foot office, parking for up to 29 fleet tractors, up to 150 fleet trailers, up to 84 automobiles, and a diesel fuel system for fleet equipment, which includes two dual sided fuel lanes; two single hose dispensers on each end and one dual hose disperser in the middle for a total of three pumps. The system also has the following safety monitoring system to minimize fuels and/or leaks: • Veeder Root Continuous Statistical Leak Detection (Csld) For Tls-450Plus • Veeder Root Risk Management: Digital Line Leak Detection For Tls-450Plus • Veeder Root Digital Pressurized Line Leak Detector Without Swiftcheck Valve, Ul • Veeder Root Overfill Alarm Box Project operations would include unloading and transfer of freight from trailers incoming to the facility, and direct loading to trailers outbound to their destination. No outside storage of material will be required with this operation. Approximately 84 truck trips per day (42 entering and 42 exiting) and 120 passenger vehicle trips per day (60 entering and 60 exiting) will be generated. Construction of the Project would require the use and transport of hazardous materials, including fuels, oils, and other chemicals (e.g., paints, lead, adhesives, etc.) typically used during construction. It is likely that these hazardous materials and vehicles would be stored by the contractor(s) on-site during construction activities. Improper use and transportation of hazardous materials could result in accidental releases or spills, potentially posing health risks to workers, the public, and the environment. However, all materials stored and shipped on-site would be contained, stored, and handled in compliance with applicable standards and regulations established by the Department of Toxic Substances Control (DTSC), the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA). In addition, as discussed previously, a Storm Water Pollution Prevention Plan (SWPPP) is required for the Project and shall include emergency procedures for incidental hazardous materials releases. The SWPPP also includes Best Management Practices which includes requirements for hazardous materials storage. Therefore, there will be less than significant impacts. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant. As discussed in Impact a) above, the use of hazardous materials would be primarily confined to the Project construction period and those materials would be contained, stored, and handled in compliance with applicable standards and regulations. Also as discussed in Impact a) above, the fueling system includes a safety monitoring system to detect and stop hazardous leaks. As such, there are less than significant impacts regarding the release of hazardous materials into the environment. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. No schools are located within 0.25 miles of the proposed Project site. The nearest school is Orange Center Elementary School, located approximately 0.27 miles south of the proposed site. The proposed Project consists of construction of a long- term regional facility for the purpose of providing less -than-truckload (LTL) freight services. The development will consist of an administrative office, a cross-dock transfer platform, a fleet maintenance shop, an office, parking for fleet tractors, fleet trailers, automobiles, and a diesel fuel system for fleet equipment. The Project construction will also include street lighting and landscaping. Activities at this site will involve the unloading and transfer of freight from trailers incoming to the facility, and direct loading to trailers outbound to their destination. No outside storage of material will be required with this operation. It is unlikely that these operations will emit hazardous emissions or handle hazardous or acutely hazardous materials. This condition precludes the possibility of activities associated with the proposed Project exposing schools within a 0.25‐mile radius of the project site to hazardous materials. The area surrounding the proposed site is primarily comprised of industrial and commercial purposes, similar to the proposed less-than-truckload freight facility. There is no impact. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Less Than Significant Impact. The proposed Project site is not located on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 (Geotracker23 and Envirostor24 databases – accessed in March 2023). There are no hazardous materials sites in the vicinity that impact the proposed Project. As such, 23 California State Water Resources Control Board, GeoTracker Database. https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=fresno. Accessed March 2023. 24 Department of Toxic Substances Control, EnviroStor Database. https://www.envirostor.dtsc.ca.gov/public/map/. Accessed March 2023. any impacts would remain less than significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Less than Significant Impact. The nearest airport to the Project site is Fresno- Chandler Executive Airport, which lies approximately 3.3 miles to the northwest; however, the proposed Project site is outside of the Fresno -Chandler Executive Airport Influence Area.25 Any impacts are considered less than significant. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The City’s Police and Fire Departments are the lead agencies for all local emergency response efforts. The City of Fresno has consulted with its police, fire and ambulance service providers to determine that the proposed Project provides adequate emergency access to the Project site and surrounding areas. Objective NS - 6 and Policies NS-6-a through NS-6-g of the approved General Plan would reduce potential impacts to emergency response and evacuation. • Objective NS-6: Foster an efficient and coordinated response to emergencies and natural disasters. o Policy NS-6-a: County Multi-Jurisdiction Hazard Mitigation Plan. Adopt and implement the Fresno County Multi-Jurisdiction Hazard Mitigation Plan and City of Fresno Local Hazard Mitigation Plan Annex. o Policy NS-6-b: Disaster Response Coordination. Maintain coordination with other local, State, and Federal agencies to provide coordinated disaster response. o Policy NS-6-c: Emergency Operations Plan. Update the City’s Emergency Operations Plan periodically, using a whole community approach which integrates considerations for People with access and functional needs in all aspects of planning. o Policy NS-6-d: Evacuation Planning. Maintain an emergency evacuation plan in consultation with the Police and Fire Departments and other emergency service providers, which shows potential 25 Exhibit C6-C7, Airport Land Use Compatibility Plan, Fresno Council of Governments. 2018. Accessed February 2024. evacuation routes and a list of emergency shelters to be used in case of catastrophic emergencies. o Policy NS-6-e: Critical Use Facilities. Ensure critical use facilities (e.g. City Hall, police and fire stations, schools, hospitals, public assembly facilities, transportation services) and other structures that are important to protecting health and safety in the community remain operational during an emergency. ▪ Site and design these facilities to minimize their exposure and susceptibility to flooding, seismic and geological effects, fire and explosions. ▪ Work with the owners and operators of critical use facilities to ensure they can provide alternate sources of electricity, water, and sewerage in the event that regular utilities are interrupted in a disaster. o Policy NS-6-f: Emergency Vehicle Access. Require adequate access for emergency vehicles in all new development, including adequate widths, turning radii, hard standing areas, and vertical clearance. o Policy NS-6-g: Emergency Preparedness Public Awareness Programs. Continue to conduct programs to inform the general public, including people with access and functional needs, of the City’s emergency preparedness and disaster response procedures. As the proposed Project is subject to compliance with applicable standards for on-site emergency access including turn radii and fire access, the proposed Project would have no impact. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? Less than Significant Impact. According to the Fresno General Plan, wildfire threats to Fresno are minimal because the city is largely urbanized or working agricultural land and lacks steep topographies. The proposed Project site is not identified by the California Department of Forestry and Fire Protection (Cal Fire) to be in a Moderate, High, or Very High Fire Hazard Severity Zone (FHSZ). Therefore, there will be less than significant impacts. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact X. HYDROLOGY AND WATER QUALITY – Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? X b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: i) Result in a substantial erosion or siltation on- or off-site; X ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site: X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or X iv) impede or redirect flood flows? X d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? X e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? X DISCUSSION a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less Than Significant Impact. The proposed Project has the potential to impact water quality standards and/or waste discharge requirements during construction (temporary impacts) and operation. Impacts are discussed below. Construction Grading, excavation and loading activities associated with construction activities could temporarily increase runoff, erosion, and sedimentation. Construction activities also could result in soil compaction and wind erosion effects that could adversely affe ct soils and reduce the revegetation potential at construction sites and staging areas. Three general sources of potential short-term construction-related stormwater pollution associated with the proposed Project are: 1) the handling, storage, and disposal of construction materials containing pollutants; 2) the maintenance and operation of construction equipment; and 3) earth moving activities which, when not controlled, may generate soil erosion and transportation, via storm runoff or mechanical equipment. Generally, routine safety precautions for handling and storing construction materials may effectively mitigate the potential pollution of stormwater by these materials. These same types of common sense, “good housekeeping” procedures can be extended to non-hazardous stormwater pollutants such as sawdust and other solid wastes. Poorly maintained vehicles and heavy equipment leaking fuel, oil, antifreeze, or other fluids on the construction site are also common sources of stormwater pollution and soil contamination. In addition, grading activities can greatly increase erosion processes. Two general strategies are recommended to prevent construction silt from entering local storm drains. First, erosion control procedures should be implemented for those areas that must be exposed. Secondly, the area should be secured to control offsite migration of pollutants. These Best Management Practices (BMPs) would be required in the Stormwater Pollution Prevention Plan (SWPPP) to be prepared prior to commencement of proposed Project construction. When properly designed and implemented, these “good-housekeeping” practices are expected to reduce short- term construction-related impacts to less than significant. In accordance with the National Pollution Discharge Elimination System (NPDES) Stormwater Program, the proposed Project will be required to comply with existing regulatory requirements to prepare a SWPPP designed to control erosion and the loss of topsoil to the extent practicable using BMPs that the Regional Water Quality Control Board (RWQCB) has deemed effective in controlling erosion, sedimentation, runoff during construction activities. The specific controls are subject to the review and approval by the RWQCB and are an existing regulatory requirement. Operational The proposed Project consists of construction of a long-term regional facility for the purpose of providing less-than-truckload (LTL) freight services. The development will consist of an administrative office, a cross-dock transfer platform, a fleet maintenance shop, an office, parking for fleet tractors, fleet trailers, automobiles, and a diesel fuel system for fleet equipment. Activities at this site will involve the unloading and transfer of freight from trailers incoming to the facility, and direct load ing to trailers outbound to their destination. Upon completion, the Project will tie into city’s existing stormwater drainage system. These Project operations are not anticipated to violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. Therefore, any impacts are less than significant. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less Than Significant Impact. The proposed Project consists of construction of a long-term regional facility for the purpose of providing less-than-truckload (LTL) freight services. The development will consist of an administrative office, a cross-dock transfer platform, a fleet maintenance shop, parking for up to 29 fleet tractors, up to 150 fleet trailers, up to 84 automobiles, and a diesel fuel system for fleet equipment. The administrative offices will be equipped with restroom facilities. The Project site is within the city’s Sphere of Influence, and designated for industrial uses by the City’s General Plan. Accordingly, industrial water at the usage at the site has been accounted for in the City’s infrastructure planning documents. Water service would be provided to the Project by the City of Fresno Department of Public Utilities (DPU) Water and Wastewater Management Divisions. The City receives all of its water supply from groundwater. One of the primary objectives of Fresno’s future water supply plans detailed in Fresno’s current Urban Water Management Plan (UWMP) is to balance groundwater operations through a host of strategies.26 Through careful planning, Fresno has designed a comprehensive plan to accomplish this objective by increasing surface water supplies and surface water treatment facilities, intentional recharge, and conservation, thereby reducing groundwater pumping. The proposed Project would be consistent with water management strategies from both the UWMP and the Metropolitan Water Resources Management Plan. Furthermore, the applicant would be required to comply with water management requirements and recommendations of the City DPU, which would reduce potential Project impacts to groundwater supply to less than significant. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: i. Result in substantial erosion or siltation on- or off-site? 26 City of Fresno 2020 Urban Water Management Plan. chrome- extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.fresno.gov/wp-content/uploads/2023/03/Fresno-2020- UWMP_Final_2021-07-21-1.pdf. Accessed 12/2024. Less Than Significant Impact. The proposed Project includes changes to the existing stormwater drainage pattern of the area through the installation of asphalt concrete, administrative buildings, docking platform, maintenance shop, parking, driveways, curb, gutter and sidewalks. The proposed Project has been reviewed by the Fresno Metropolitan Flood Control District and conditions and requirements of the proposed development pertaining to storm drain facilities have been provided to the proposed Project developer. Additionally, a drainage and grading plan will be required as part of the submittal package to the City of Fresno, which will ensure stormwater will drain to the appropriate drainage inlet. As such, the proposed Project will have a less than significant impact. ii. Substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? Less Than Significant Impact. As discussed in Impact c)i. above, the proposed Project developer will be required to prepare a drainage/grading plan as part of the permit process. Potential impacts from surface runoff will be less than significant. iii. Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. As analyzed above, the Project site is designated by the General Plan for industrial uses, and upon approval of annexation and zone change, will be consistent with the zoning laws. As such, the site has been planned for urban development, and site development has been included in the City’s infrastructure planning documents. The proposed Project will connect to the City of Fresno’s existing storm-drain system and pay drainage fees pursuant to the Drainage Fee Ordinance. Impacts resulting from polluted runoff will be less than significant. iv. Impede or redirect flood flows? Less Than Significant Impact. An east-west trending irrigation canal referred to as Central Canal is present on/near the southern boundary of the subject site. The irrigation canal was dry at the time of the Phase I ESA site reconnaissance. As described in Impact c)ii and c)iii above, the proposed Project developer will be required to prepare a drainage/grading plan and will connect to the City of Fresno’s existing storm-drain system. Both of those items will ensure that the proposed Project will have less than significant impacts regarding impeding or redirecting flood flows. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less Than Significant Impact. The proposed Project is outside of any Special Flood Hazard Areas, as identified by the Federal Emergency Management Agency, Flood Map 06019C2110H, effective 2/18/2009. There are no bodies of water near the site that would create a potential risk of hazards from seiche, tsunami or mudflow. The proposed Project will not conflict with any water quality control plans or sustainable groundwater management plan. As mentioned in Impact c) above, all new development within the City of Fresno Planning Area must conform to standards and plans detailed by the Fresno Metropolitan Flood Control District. By conforming to all standards and policies as outlined, any impacts will remain less than significant. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Less Than Significant Impact. The proposed Project will be in compliance with all water quality control plans and other hydrological requirements set forth by the City of Fresno. Any impacts are less than significant. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XI. LAND USE AND PLANNING – Would the project: a) Physically divide an established community? X b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? X DISCUSSION a) Physically divide an established community? Less Than Significant Impact. The immediate vicinity of the proposed Project site is comprised of industrial businesses, agriculture, and roadways. The proposed Project includes development of a long-term regional facility for less-than-truckload (LTL) freight services, including an administrative office, a cross-dock transfer platform, a fleet maintenance shop, parking for fleet tractors, fleet trailers, and automobiles, and a diesel fuel system. The proposed Project will not divide an existing community. There are less than significant impacts associated with the proposed Project. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact. Based upon compliance with the goals, objectives and policies referenced herein below, the proposed Project is determined to be consistent with the Fresno General Plan goals and objectives related to land use and the urban form: Goal No. 1 of the Fresno General Plan: Increase opportunity, economic development, business and job creation. The proposed Project will ultimately provide approximately four to ten long-term jobs for the growing local work force. Goal No. 7 of the Fresno General Plan : Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the City. This Goal contributes to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with Objective LU-1 of the Fresno General Plan. Goal No. 12 of the Fresno General Plan : Resolve existing public infrastructure and service deficiencies, make full use of existing infrastructure, and invest in improvements to increase competitiveness and promote economic growth. The proposed Project will tie into existing infrastructure as necessary (water, sewer and storm water) located in the Project vicinity. Fresno County Airport Land Use Compatibility Plan: On December 3, 2018, the Airport Land Use Commission (ALUC) adopted the Fresno County Airport Land Use Compatibility Plan. The proposed Project is not within the Airport Influence Area of the nearest airport, Fresno-Chandler Executive Airport. As such, no impacts related to airport and land use is anticipated. Implementing Policies LU-1-a and LU-2-a of the Fresno General Plan: promote development of vacant, underdeveloped, and re-developable land within the Existing City Limits as of December 31, 2012 where urban services are available. The proposed Project will be constructed in an area planned for industrial development where infrastructure services are available. Implementing Policy LU-7-c – Efficiency of Industrial Uses. Promote industrial land use clusters to maximize the operational efficiency of similar activities. The proposed site is located in an area surrounded by businesses such as freight services, truck and trailer repair, warehouses, and other industrial businesses. Therefore, it is determined that the proposed Project is consistent with respective general plan objectives and policies and will not significantly conflict with applicable land use plans, policies or regulations of the City of Fresno. Furthermore, the proposed Project, including the design and improvement of the subject property, is found; (1) To be consistent with the goals, objectives and policies of the applicable Fresno General Plan; (2) To be suitable for the type and density of development; (3) To be safe from potential cause or introduction of serious public health problems; and, (4) To not conflict with any public interests in the subject property or adjacent lands. The authorization request for the proposed plan amendments regarding re -zoning is expected to be approved. Thus, the proposed Project would have less than significant impact. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XII. MINERAL RESOURCES – Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X DISCUSSION a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The City’s General Plan notes that most of the area outside of the San Joaquin and Kings River Resource Areas has a Mineral Resource Zone (MRZ)-3 designation, with potential, but presently unproven, mineral resource areas.27 The 27 Ch. 7 Resource Conservation and Resilience, Fresno General Plan. December 2014. Pg 7-45. Accessed February 2024. Project site is not located in or near these resource areas or mines.28 There are no known mineral resources in the proposed Project area and none are identified in the City’s General Plan near the proposed site. Therefore, there is no impact. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact. As discussed in Impact a) above, there are no known mineral resources identified in the City’s General Plan in the proposed Project area. There is no impact. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIII. NOISE – Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Generation of excessive groundborne vibration or groundborne noise levels? X 28 Mines Online, Department of Conservation. https://maps.conservation.ca.gov/mol/index.html. Accessed February 2024. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X The analysis in the Noise section is based on the Acoustical Analysis Report prepared by WJV Acoustics in August 2023. The report is provided in its entirety in Appendix D. DISCUSSION a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? Less Than Significant Impact. The Project site is located along the west side of S. Cherry Avenue, approximately 1,500 feet south of E. North Avenue, in Fresno, California. The Project site is generally bounded by an existing trucking facility to the north, industrial and rural residential land uses to the east, agricultural, industrial, and rural residential land uses to the south, and State Route 41 (SR 41) to the west. Existing sources of noise within and adjacent to the Project site are dominated by traffic noise associated with vehicles on S. Cherry Avenue, E. North Avenue and SR 41. Additional sources of noise observed during a site visit include noise associated with existing industrial agricultural activities, and occasional aircraft overflights. The Project is the development of a long ‐term regional facility for Central Transport that will provide for less‐than‐truckload (LTL) freight services. The development will consist of an approximately 3,294 square foot administrative office, 68,570 square foot cross‐ dock transfer platform, 11,880 square foot fleet maintenance shop, parking for fleet tractors (26), fleet trailers (137), and automobiles (84), and a diesel fuel system for fleet equipment. Central Transport will operate 24 hours per day, Monday through Friday, and Saturday mornings, and will consist of approximately 90 employees. Project-Related Increases in Traffic Noise Exposure The City’s exterior noise level standard for residential land uses is 65 dB Ldn. Existing Conditions Table 17 provides existing traffic noise exposure levels at the seven analyzed representative receptor locations, and provides what the Project contribution would be to existing traffic conditions. Table 17 Project Contribution To Future Traffic Noise Existing Traffic Conditions Modeled Receptor Existing Without Project Contribution Existing Plus Project Project Contribution Significant Impact? R‐1 56 56 0 No R‐2 58 58 0 No R‐3 55 58 0 No R‐4 59 59 0 No R‐5 55 56 +1 No R‐6 54 54 0 No R‐7 58 58 0 No 2043 Cumulative Conditions Table 18 provides 2043 Cumulative traffic noise exposure levels at the seven analyzed representative receptor locations and provides what the Project contribution would be to 2043 Cumulative traffic conditions. Table 18 Project Contribution To Future Traffic Noise 2043 Cumulative Traffic Conditions Modeled Receptor 2043 Conditions Without Project Contribution 2043 Conditions Plus Project Project Contribution Significant Impact? R‐1 59 59 0 No R‐2 62 62 0 No R‐3 59 59 0 No R‐4 63 63 0 No R‐5 57 58 +1 No R‐6 56 56 0 No R‐7 59 59 0 No Based on Table 18, the Project’s contribution would not result in an increase in traffic noise exposure at six of the seven modeled receptor locations, and would result in an increase of approximately 1 dB at receptor location R ‐5, for both existing and 2043 traffic conditions. The Project would not result in traffic noise levels that exceed the City’s 65 dB Ldn exterior noise level standard at any of the seven modeled traffic noise receptors. As such, Project‐related increases in traffic noise exposure would not be considered a significant impact at any nearby sensitive receptor location. Fleet Maintenance Shop The Project would include a fleet maintenance facility, to be located along the northern portion of the Project site. Sensitive receptors are located within ¼ mile of the Project site, with residences to the south and southeast . There are no schools, hospitals, convalescent facilities or other sensitive receptors in this primarily rural agricultural and industrial area within this ¼ mile; however, it should be noted that there is an Elementary School just over ¼ mile (0.27 of a mile), to the Southeast of the Project, (Orange Center Elementary). The City’s maximum daytime noise level standard is 70 dB and maximum nighttime noise level standard is 60 dB. Taking into account the standard rate of attenuation of noise with increased distance from a point source (‐6 dB/doubling of distance), noise levels would not exceed 60 dB at setback distances of 250 feet or greater from the source. The proposed fleet maintenance shop would not be located within 250 feet of any noise‐sensitive receptor locations, as such, noise levels associated with the proposed fleet maintenance would not be expected to result in noise levels exceeding any City of Fresno noise level standards. It should be noted, the noise levels described in the Acoustical Analysis were measured outdoors, with no acoustic shielding. Fleet maintenance activities would likely occur indoor, where noise would be attenuated by the building itself. Therefore, the fleet maintenance shop noise levels should be considered a worst‐case assessment of noise levels associated with the fleet maintenance shop. Truck Movements The Project would include a cross‐dock transfer platform for loading/unloading, as well truck and trailer parking. Trucks would enter and exit the project site via S. Cherry Avenue, as needed. The facility is accessible 24 hours per day, Monday through Friday as well as Saturday mornings. Noise associated with truck movements are generally limited to noise associated with on‐site vehicle movements as well as the release of air brakes. The closest sensitive receptor (residential land uses) to the proposed truck storage and parking areas are located at a setback distance of approximately 350 feet to the south/southeast. At this setback distance noise levels associated with truck movements would be in the range of approximately 44‐60 dB and noise levels associated with the release of air brakes would be in the range of approximately 61‐63 dB. The City of Fresno maximum (Lmax) noise level standard is 70 dB during the daytime hours (7:00 a.m. to 10:00 p.m.) and 60 dB during the nighttime hours (10:00 p.m. to 7:00 a.m.). However, the City of Fresno Municipal Code states that the standards of the noise ordinance may be adjusted upward (made less restrictive) if existing ambient noise levels without the source of concern already exceed the noise ordinance standards. The municipal code states that, in such siutations, the applicable noise standard becomes the existing ambient noise level, plus 5 dB. Measured noise levels in the Project vicinity (Table IV, Appendix D) indicate that maximum nighttime noise levels averaged approximately 80 dB. Therefore, noise levels associated with truck movement activities would not exceed City of Fresno daytime or nighttime noise level standards. Loading Dock Activities The Project would include cross‐dock loading platforms, where various materials would be unloaded and loaded into truck trailers for transport. Noise sources typically associated with loading dock activities include truck engines, the operation of truck ‐ mounted refrigeration units, forklifts, the banging of hand carts and roll‐up doors, noise from P.A. systems, and the voices of truck drivers and store employees. Loading dock noise levels would be expected to be in the range of approximately 65 to 83 dBA at a distance of 50 feet. The closest existing sensitive receptors (residential land uses) to the proposed dock facility are located at distances of approximately 7 00 feet to the south/southeast. At such distances noise levels associated with loading dock activities would be in the range of approximately 42‐60 dB. Such levels do not exceed applicable City of Fresno daytime or nighttime noise level standards. Summary Ambient noise levels measured in the Project vicinity indicate that existing ambient noise levels are already relatively high, as a result of vehicle traffic along S. Cherry Avenue, E. North Avenue, SR 41 as well as existing industrial land uses in the Project vicinity. The noise level measurement data (as analyzed in Appendix D) demonstrate that the Project would not be expected to exceed any applicable daytime or nighttime City of Fresno noise level standards at nearby sensitive receptor locations (residential land uses). This determination considers the existing elevated ambient noise levels measured near these residential land uses. Noise levels associated with all Project operations would be below existing ambient noise levels measured in the Project vicinity, and mitigation measures are therefore not required for Project noise compliance. Therefore, the impact is considered less than significant. b. Generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. The dominant sources of man‐made vibration are sonic booms, blasting, pile driving, pavement breaking, demolition, diesel locomotives, and rail‐car coupling. None of these activities are anticipated to occur with construction or operation of the proposed Project. Vibration from construction activities could be detected at the closest sensitive land uses, especially during movements by heavy equipment or loaded trucks and during some paving activities (if they were to occur). Typical vibration levels at distances of 100 feet and 300 feet are summarized by Table 19. These levels would not be expected to exceed any significant threshold levels for annoyance or damage . Table 19 Typical Vibration Levels During Construction Equipment PPV (in/sec) @100’ @300’ Bulldozer (Large) 0.011 0.006 Bulldozer (Small) 0.0004 0.00019 Loaded Truck 0.01 0.005 Jackhammer 0.005 0.002 Vibratory Roller 0.03 0.013 Caisson Drilling 0.01 0.006 Source: Caltrans After full Project build out, it is not expected that ongoing operational activities will result in any vibration impacts at nearby sensitive uses. Additional mitigation is not required. There are no aspects of construction or daily operations that would create groundborne vibration. As such, any impacts would be less than significant. c. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact. There are no private airstrips in the proposed Project vicinity. The proposed Project site is not located within the boundaries of the Fresno County Airport Land Use Compatibility Plan, adopted in 2018 and amended in 2023.29 As such, impacts will remain less than significant. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIV. POPULATION AND HOUSING – Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? X 29 Fresno County Airport Land Use Compatibility Plan. Exhibit C8. https://www.dropbox.com/scl/fi/clh8iltq4f3eb10qyp93i/Fresno-Updated-ALUCP-Amended-Oct- 2023.pdf?rlkey=e4ao8oy6ifk2btgzci95szb0u&e=1&dl=0. DISCUSSION a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. There are no new homes associated with the proposed Project and there are no residential structures currently on-site. The proposed Project includes development of a long-term regional facility for less-than- truckload (LTL) freight services, including an administrative office, a cross-dock transfer platform, a fleet maintenance shop, parking for fleet tractors, fleet trailers, and automobiles, and a diesel fuel system. The Project would temporarily provide construction jobs in the City of Fresno area, which could be readily filled by the existing employment base. Approximately 90 long-term employees are expected at Project build-out. The proposed Project will not affect any regional population, housing or employment projections anticipated by City policy documents. Potential impacts are less than significant. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. There are currently no residential units on-site, thus no people or existing housing will be displaced. There is no impact. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XV. PUBLIC SERVICES – Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X DISCUSSION a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire protection? Less Than Significant. The proposed Project includes development of a long-term regional facility for less-than-truckload (LTL) freight services, including an administrative office, a cross-dock transfer platform, a fleet maintenance shop, parking for fleet tractors, fleet trailers, and automobiles, and a diesel fuel system. The City of Fresno Fire Department (Fire Department) offers a full range of services including fire prevention, suppression, emergency medical care, hazardous materials, urban search and rescue response, as well as emergency preparedness planning and public education coordination within the Fresno City limit, in addition to having mutual aid agreements with the Fresno County Fire Protection District, and the City of Clovis Fire Departments. The City of Fresno Fire Department operates its facilities under the guidance set by the National Fire Protection Association in NFPA 1710, the Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operation to the Public by Career Fire Departments. NFPA 1710 sets standards for turnout time, travel time, and total response time for fire and emergency medical incidents, as well as other standards for operation and fire service. The Fire Department has established the objectives set forth in NFPA 1710 as department objectives to ensure the public health, safety, and welfare. According to the City of Fresno Fire Department, the proposed Project would be served by Station 7, which is located at 2571 South Cherry Avenue, Fresno, approximately 1.3 miles north of the proposed Project site. After reviewing the Project, the Fire Department has determined that the Project can be adequately serviced by the current local Fire Facilities and Personnel, consistent with National Fire Protection Association 1710 Objectives. The Fresno General Plan contains the following objectives and policies: Objective PU-3: Enhance the level of fire protection to meet the increasing demand for services from an increasing population. Implementing Policies: • PU-3-a Fire Prevention Inspections. Develop strategies to Fire Prevention Inspections. Enable the performance of annual fire and life safety inspection of all industrial, commercial, institutional, and multi-family residential buildings, in accordance with nationally recognized standards for the level of service necessary for a large Metropolitan Area, including a self-certification program. • PU-3-b Reduction Strategies. Develop community risk Reduction Strategies , such as strategies that target high service demand areas, vulnerable populations (e.g. young children, older adults, non-English speaking residents, persons with disabilities, etc.), and high life hazard occupancies. • PU-3-c Public Education Strategies. Develop strategies to Public Education Strategies. re-establish and enhance routine public education outreach to all sectors of the community. • PU-3-d Review Development Application Review Development Application Applications. Continue Fire Department review of development applications, provide comments and recommend conditions of approval that will ensure adequate on-site and off-site fire protection systems and features are provided. • PU-3-e Building Codes. Adopt and enforce amendments to construction and fire codes, as determined appropriate, to systematically reduce the level of risk to life and property from fire, commensurate with the City’s fire suppression capabilities. • PU-3-f Adequate Infrastructure. Continue to pursue the provision of adequate water supplies, hydrants, and appropriate property access to allow for adequate fire suppression throughout the City. • PU-3-g Cost Recovery. Continue to evaluate appropriate codes, policies, and methods to generate fees or other sources of revenue to offset the ongoing personnel and maintenance costs of providing fire prevention and response services. The proposed Project would be required to comply with all applicable fire and building safety codes (California Building Code and Uniform Fire Code) to ensure fire safety elements are incorporated into the final Project design. As a result, appropriate fire safety considerations have been included as part of the final design of the Project. Project implementation will result in less than significant impacts. ii. Police protection? Less Than Significant. Police protection services closest to the proposed Project site are located at the existing Southwest District Station at 1211 Fresno Street, approximately 3.1 miles north of the site. The Fresno Police Department provides a full range of police services including uniformed patrol response to calls for service, crime prevention, tactical crime and enforcement (including gang and violent crime suppression), and traffic enforcement/accident prevention. The proposed Project is located within the adopted City of Fresno Sphere of Influence and the site is designated Heavy Industrial by the General Plan. The site has been planned for development and is located in an area currently served by the Police Department. The Project applicant would be required to pay standard development impact fees as determined by the City. Any impacts are considered less than significant. iii. Schools? Less Than Significant. The proposed Project includes development of a long-term regional facility for less-than-truckload (LTL) freight services, including an administrative office, a cross-dock transfer platform, a fleet maintenance shop, parking for fleet tractors, fleet trailers, and automobiles, and a diesel fuel system. Upon approval of annexation, the site will fall under Washington Unified School District; however, the proposed Project does not contain any residential uses. The proposed Project, therefore, would not result in an influx of new students in the Project area and is not expected to result in an increased demand upon District resources and would not require the construction of new facilities. Any impacts are considered less than significant. iv. Parks? Less Than Significant. The proposed Project includes development of a long-term regional facility for less-than-truckload (LTL) freight services, including an administrative office, a cross-dock transfer platform, a fleet maintenance shop, parking for fleet tractors, fleet trailers, and automobiles, and a diesel fuel system. The Project would not result in an increase in demand for parks and recreation facilities because it would not result in an increase in population. Impacts are considered less than significant. v. Other public facilities? Less Than Significant. The proposed Project includes development of a long-term regional facility for less-than-truckload (LTL) freight services, including an administrative office, a cross-dock transfer platform, a fleet maintenance shop, parking for fleet tractors, fleet trailers, and automobiles, and a diesel fuel s ystem. The Project does not include any residences and, therefore, would not result in increased demand for, or impacts on, other public facilities such as library services. Development of the Project will not require construction of additional public facilities. Impacts are less than significant. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVI. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X DISCUSSION a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The proposed Project includes development of a long-term regional facility for less-than-truckload (LTL) freight services, including an administrative office, a cross-dock transfer platform, a fleet maintenance shop, parking for fleet tractors, fleet trailers, and automobiles, and a diesel fuel system. The Project does not include the construction of residential uses and would not directly or indirectly induce population growth. Therefore, the proposed Project would not cause physical deteriorati on of existing recreational facilities from increased usage. There would be no impact. b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? No Impact. As discussed above, the proposed Project includes development of a long-term regional facility for less-than-truckload (LTL) freight services, including two offices, a cross-dock transfer platform, a fleet maintenance shop, parking for fleet tractors, fleet trailers, and automobiles, and a diesel fuel system. The Project does not include development of residential uses and therefore, the proposed Project would not result in the need for new or expanded recreational facilities. No impacts are expected. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. TRANSPORTATION – Would the project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? X b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? X c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X d) Result in inadequate emergency access? X The analysis in the Transportation section is based on the Traffic Study Report prepared by Ruettgers & Schuler Civil Engineers in August 2023. The report is provided in its entirety in Appendix E. The scope of the study was developed in association with the City of Fresno. The scope is based on the guidelines contained in the City of Fresno’s “Traffic Impact Study Guidelines Update 2-2- 2009 for Fresno.” The scoping memo is included in the appendix. DISCUSSION a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less Than Significant Impact with Mitigation. The proposed development will include a 68,570 square foot cross-dock transfer platform, a 3,294 square foot administrative office, an 11,880 square foot fleet maintenance shop, and parking for fleet tractors, fleet trailers, and automobiles along with a diesel fuel system. The study area is generally bounded by Cherry Avenue and State Route 41. The site is currently vacant land. Site access is proposed along Cherry Avenue at the driveway locations as shown in Appendix E. The Project will construct frontage improvements, including sidewalk, curb ramps, and bike lanes. The construction of the sidewalk and bike lanes will close gaps in pedestrian and bicycle access and will allow access to the site for all users. Existing land uses in the vicinity of the proposed development are generally industrial and commercial land uses with residential further west and north of the Project site. Trip Generation Trip rates, equations and directional splits for ITE Land Use Code 30 (Intermodal Truck Terminal) were used to estimate Project trips for weekday peak hour of adjacent street traffic based on information provided by the Project applicant. The ITE Land Use Code 30 does not currently have data regarding average daily traffic. Therefore, calculations were done based on information provided by the applicant. There will be 63 heavy trucks entering and exiting the Project daily; therefore, there will be approximately 126 heavy truck trips per day. The Project will have 90 employees entering and exiting the Project daily; therefore, there will be approximately 180 passenger vehicle trips per day. The total heavy truck and vehicle trips were calculated to be approximately 306 daily trips. Table 20 Trip Generation Land Use AM Peak Hour Trips PM Peak Hour TripsADT VariableITE Rate IN OUT Rate IN OUT Code 30 83.744 1.97 eq lOOOsqftGFA 306 165 54TOTAL 306 Split Trips Split Trips Split Trips Split Trips 52% 28 48% 26 47% 78 Development Type 53% 87 Intermodal Truck Terminal Intersection Analysis A capacity analysis of the study intersections was performed for the following AM and PM Peak Hour traffic scenarios: • Existing (2023) • Existing (2023) + Project • Existing Cumulative (2023) + Project • Future Cumulative (2043) • Future Cumulative (2043) + Project • Future Cumulative (2043) + Project with Mitigation Criteria for intersection level of service (LOS) are shown in the tables below. Table 21 Level of Service Criteria - Unsignalized Intersection Level of Service Average Control Delay (sec/veh) Expected Delay to Minor Street Traffic A ≤ 10 Little or no delay B > 10 and ≤ 15 Short delays C > 15 and ≤ 25 Average delays D > 25 and ≤ 35 Long delays E > 35 and ≤ 50 Very long delays F > 50 Extreme delays Table 22 Level of Service Criteria - Signalized Intersections Level of Service Average Control Delay (sec/veh) Volume-to-Capacity Ratio A ≤ 10 < 0.60 B > 10 and ≤ 20 0.61 - 0.70 C > 20 and ≤ 35 0.71 - 0.80 D > 35 and ≤ 55 0.81 - 0.90 E > 55 and ≤ 80 0.91 - 1.00 F > 80 > 1.00 The level of service threshold for requiring mitigation is if the facility operates below an LOS of “D”. The level of service for the study intersections is presented in Tables 23 and 24. Table 23 Intersection Level of Service - Weekday AM Peak Hour Table 24 Intersection Level of Service - PM Peak Hour Roadway Analysis The City of Fresno Traffic Impact Study Guidelines states that the peak hour level of service for roadways shall be no lower than LOS “D” for urban areas. The analysis #Intersection 2023 Signal1 Signal2 Signal3 Signal4 Signal5 6 AWSC #Intersection 2023 Signal1 Signal2 Signal3 Signal4 Signal5 6 AWSC Elm Ave & North Ave Elm Ave & North Ave SR 41 SB Ramps & North Ave B (18.2) B (10.6) D (52.6) D (37.8) D (37.9) D (50.0) A (3.3) B (18.8) F (94.8) D (44.7) D (52.7) D (42.0) SR 41 SB Ramps & North Ave F (84.2) E (58.7) E (66.4) F (95.1) F (87.8) D (46.1) B (2.6) E (76-4) Control Type A (5-2) A (8.3) 2023+ Project F (85.5) E (63.6) B (2-7) F (88.0) B (18.5) A (9.0) A (9.0) 2023+ Project B (2-7) A (6.0) 2043+ Project Cumulative C (31-7) B (18.2) 2023+ Project Cumulative 2043+ Project Cumulative Mitigation 2023+ Project Cumulative Control Type A (7.6) C (25.0) A (2.5) A (4-8) C (18.3) C (33.4) C (21.4) 2043+ Project Cumulative Mitigation C (27.5) A (10.0) A (9.6) A (8.4) A (10.0) C (29.8) C (30.2) C (18.4) 2043+ Project Cumulative C (31-9) C (33.9) C (23.5) C (33.7) C (33.2) C (32.5) C (27.6) C (34.1) C (34.9) C (34.9) A (8.4) C (33.2) C (22.2) C (32.2) C (22.6) C (34.3) C (32.2) C (22.4) SR 41 NB Ramps & North Ave Cherry Ave & North Ave East Ave & North Ave Cherry Ave & Cental Ave SR 41 NB Ramps & North Ave Cherry Ave & North Ave East Ave & North Ave Cherry Ave & Cental Ave 2043 Cumulative 2043 Cumulative was performed for the following AM and PM traffic scenarios: • Existing (2023) • Existing (2023) + Project • Existing Cumulative (2023) + Project • Future Cumulative (2043) • Future Cumulative (2043) + Project Table 25 Existing AM Roadway Level of Service Table 26 Future AM Roadway Level of Service Table 27 Existing PM Roadway Level of Service Street VOL LOS VOL LOS VOL LOS 660 C 680 C 860 C 842 C 910 C 1028 C 908 C 1021 C 1173 C 766 C 810 C 996 C Street VOL LOS VOL LOS 1822 D 1882 D 2152 D 2169 D 2372 C 2373 C 1942 C 1996 C 2023+Project Two-Wav LOS 2043+Project Cumulative Two-Wav LOS 2023+Project Cumulative Two-Way LOS North Avenue: Elm Avenue to SR 41 Southbound Ramps______________ North Avenue: SR 41 Southbound Ramps to SR 41 Northbound Ramps North Avenue: SR 41 Northbound Ramps to Chen~\r Avenue_________ North Avenue: Cherry Avenue to East Avenue North Avenue: Elm Avenue to SR 41 Southbound Ramps North Avenue: SR 41 Southbound Ramps to SR 41 Northbound Ramps North Avenue: SR 41 Northbound Ramps to Cherry7 Avenue North Avenue: Cherry Avenue to East Avenue 2043 Cumulative Two-Wav LOS 2023 Two-Way LOS Table 27 Future PM Roadway Level of Service Traffic Signal Warrant Analysis Traffic signal warrants 1, 2, and 3 were evaluated for each of the unsignalized intersections within the study based on the California Manual on Uniform Traffic Control Devices (MUTCD). AM and PM peak hour volume data and daily traffic volume data were collected for all approaches at the analyzed intersections. Table 29 Warrant 1 & Warrant 2 Analysis Table 30 Street VOL LOS VOL LOS VOL LOS 671 C 638 C 798 C 732 C 746 C 824 C 907 C 954 C 1070 C 746 C 751 C 878 C Street VOL LOS VOL LOS 1943 D 1980 D 2051 D 2054 D 2087 C 2114 C 1844 C 1872 C Existing Existing+Proj ect Intersection NO NO NO NO 2023+Project Cumulative Two-Wav LOS 2023+Project Two-Wav LOS 2043+Project Cumulative Two-Way LOS Cherry Ave & Central Ave 2 Four 2 Four North Avenue: Elin Avenue to SR 41 Southbound Ramps________________ North Avenue: SR 41 Southbound Ramps to SR 41 Northbound Ramps North Avenue: SR 41 Northbound Ramps to Cherry Avenue___________ North Avenue: Cherry Avenue to East Avenue 1 Eight North Avenue: Elm Avenue to SR 41 Southbound Ramps______________ North Avenue: SR 41 Southbound Ramps to SR 41 Northbound Ramps North Avenue: SR 41 Northbound Ramps to Cherry Avenue North Avenue: Cherry Avenue to East Avenue 1 Eight 2043 Two-Way LOS 2023 Two-Wav LOS Warrant 3 Analysis Accident Investigation Accident data was requested from SWITRS for the previous year. Upon review of the data provided, it was determined there were 46 accidents at the study intersections from July 2018 to July 2023. The accidents occurred at the following intersections: • 21 accidents occurred at North Avenue & State Route 41 Ramps • 15 accidents occurred at North Avenue & Elm Avenue • 5 accidents occurred at North Avenue & East Avenue • 5 accidents occurred at North Avenue & Cherry Avenue Queue Length Analysis A queue length analysis was conducted at all stop-controlled freeway off ramps within the study area to evaluate the adequacy of the existing storage lengths. Tables 31 and 32 below show the existing storage lengths, as well as the 95th percentile queue length determined for each traffic scenario analyzed. Table 31 AM Queue Analysis Table 32 PM Queue Analysis Intersection 2023+Project2023 AM PM AM PM AM PM AM PM AM PM NO NO NO NO NO NO NO NO NO NO Intersection Movement EBR WBL SBR EBL WBR NBR 150 240 140 250 150 10 65 9 79 20 49 15 80 11 101 18 50 20 86 16 108 23 51 2043 Cumulative 138 210 39 167 118 135 146 232 42 178 120 1412043+Project Cumulative 2023+Project Cumulative 2043+Project Cumulative Cherry Ave & Central Ave 2043 Cumulative SR 41 SB Ramps & North Ave SR 41 NB Ramps & North Ave Storage Capacity 2023 2023+Project 2023+Project Cumulative As shown in the tables, the storage lengths are adequate for existing and future queue lengths. Intersection Improvements Upon review of intersection and roadway level of service, it is determined that the intersections of Elm Avenue & North Avenue, SR 41 Southbound Ramps & North Avenue, and SR 41 Northbound Ramps & North Avenue will require improvements by the year 2043. It is determined that none of the unsignalized intersections meet the signal warrant criteria. With the addition of the mitigation measure identified in TRA-1 below and Table 33, all intersections will operate at acceptable levels. Table 33 Future Intersection Improvements b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Intersection Movement EBR WBL SBR EBL WBR NBR Storage Capacity 150 240 140 250 150 7 54 122 80 15 42 8 59 125 125 22 62 8 60 126 130 27 64 82 147 135 240 130 77 95 167 138 247 147 88 #Intersection Improvements Required by 2043 Change NBTR to NBT, add NBR1 0.14% Change EBR to EBTR2 0.95% Add EBT3 3.7% Ehn Ave & North Ave Percent Share 2043+Project Cumulative SR 41 SB Ramps & North Ave SR 41 NB Ramps & North Ave SR 41 SB Ramps & North Ave SR 41 NB Ramps & North Ave 2023 2023+Project 2023+Project Cumulative 2043 Cumulative Less Than Significant Impact. Senate Bill (SB) 743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as vehicle miles traveled (VMT) instead of Level of Service (LOS). VMT measures how much actual auto travel (additional miles driven) a proposed project would create on California roads. If the project adds excessive car travel onto our roads, the project may cause a significant transportation impact. The State CEQA Guidelines were amended to implement SB 743, by adding Section 15064.3. Among its provisions, Section 15064.3 confirms that, except with respect to transportation projects, a project’s effect on automobile delay shall not constitute a significant environmental impact. Therefore, LOS measures of impacts on traffic facilities is no longer a relevant CEQA criteria for transportation impacts. CEQA Guidelines Section 15064.3(b)(4) states that “[a] lead agency has discretion to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled, and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate used to estimate vehicle miles traveled and any revision to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.” On June 25, 2020, the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled Thresholds, dated June 25, 2020, pursuant to Senate Bill 743 to be effective of July 1, 2020. The thresholds described therein are referred to herein as the City of Fresno VMT Thresholds. The City of Fresno VMT Thresholds document was prepared and adopted consistent with the requirements of CEQA Guidelines Sections 15064.3 and 15064.7. The December 2018 Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory) published by the Governor’s Office of Planning and Research (OPR), was utilized as a reference and guidance document in the preparation of the Fresno VMT Thresholds. The City of Fresno VMT Thresholds adopted a screening standard and criteria that can be used to screen out qualified projects that meet the adopted criteria from needing to prepare a detailed VMT analysis. The City of Fresno VMT Thresholds Section 3.0 regarding Project Screening discusses a variety of projects that may be screened out of a VMT analysis including specific development and transportation projects. For development projects, conditions may exist that would presume that a development project has a less than significant impact. These may be size, location, proximity to transit, or trip ‐making potential. For transportation projects, the primary attribute to consider with transportation projects is the potential to increase vehicle travel, sometimes referred to as “induced travel.” The Project will generate approximately 306 Average Daily Trips, as demonstrated in Table 20. According to the City of Fresno VMT guidelines, facilities that generate fewer than 500 average daily trips are accounted for in the existing regional average. Therefore, no VMT analysis is necessary. In conclusion, the Project will result in a less than significant VMT impact and is consistent with CEQA Guidelines section 15064.3(b). In conclusion, the Project will result in a less than significant VMT impact and is consistent with CEQA Guidelines section 15064.3(b). c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. The proposed Project has been designed for ease of access, adequate circulation/movement, and is typical of industrial developments in the City of Fresno. On-site circulation patterns do not involve high speeds, sharp curves or dangerous intersections. Although Project implementation will generate additional traffic in the area (see Table 20), there are no aspects of the Project that will increase hazards due to a geometric design feature or incompatible uses. Any impacts are considered less than significant. d) Result in inadequate emergency access? Less Than Significant Impact. The proposed Project does not involve a change to any emergency response plan. Access points to the Project site will remain accessible to emergency vehicles of all sizes. As such, potential impacts are less than significant. Mitigation Measures: 1. The proposed project shall implement and incorporate the transportation related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated May 22, 2025. TRA-1: The Applicant shall pay the City of Fresno for their Fair Share Portion of the intersection improvements described in Table 33, in order to maintain or improve the operational level of service of the street system in the Project vicinity. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. TRIBAL CULTURAL RESOURCES – Would the project: ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in PRC section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in PRC section 5020.1(k), or, X ii) A resource determined by the lead agency, in its discretion and supported by substantial evi- dence, to be significant pursuant to criteria set forth in subdivision (c) of PRC section 5024.1. In applying the criteria set forth in subdivision (c) of PRC section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. X DISCUSSION a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or Less Than Significant Impact. As discussed in Section V, Cultural Resources, Impact c), a prehistoric and historic site records and literature search was conducted for the Project area through the Southern San Joaquin Valley Archaeological Information Center of the California Historical Resources Information System on February 6, 2023 (File RS#23-029). There have been no previous cultural resource studies performed in the Project area; however, four cultural resource studies fall in the one-half mile radius, FR-00053, 00151, 01738, and 01739. Records indicated that there are no recorded resources within the Project area. There have been 26 recorded resources within the one -half mile radius: P-10-004648, 004649, 004651, 004677, 006761, 006763, 006764, 006765, 006766, 006767, 006768, 006769, 006770, 006775, 006776, 006777, 006778, 006779, 006780, 006781, 00 6782, 006783, 006784, 006785, 006786, and 006787. These resources consist of historic era buildings and structures, most of which are single family homes. There are no recorded cultural resources within the project area or radius that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of Historic Resources, for the California State Historic Landmarks. A review of the Sacred Lands Inventory by the Native American Heritage Commission (NAHC) was also performed, and the results were negative. As discussed under criterion (b) implementation of Mitigation Measure CUL -1, CUL-2 and CUL-3 would reduce impacts to unknown archaeological deposits, including TCRs, to a less than significant level. As discussed under criterion (d), compliance with California Health and Safety Code Section 7050.5 would reduce the likelihood of disturbing or discovering human remains, including those of Native Americans. Health and Safety Code Section 7050.5 (b) and (c) establishes the authority of the county coroner regarding the inadvertent discovery of human remains outside of a dedicated cemetery and the roll of the NAHC if the coroner determines that the remains are that of a Native American. Any impacts will remain less than significant. ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less Than Significant Impact. In accordance with Assembly Bill (AB) 52 and Senate Bill (SB) 18, potentially affected Tribes were formally notified of this Project and were given the opportunity to request consultation on the Project. The City contacted the Native American Heritage Commission, requesting a contact list of applicable Native American Tribes, which was provided to the City. The City provided letters to the listed Tribes on March 3, 2023 notifying them of the Project and requesting consultation within a 30-day comment period that ended on April 3, 2023, if desired. The City did not receive any responses from the tribes contacted. Therefore, there is a less than significant impact. Mitigation Measures 2. The proposed project shall implement and incorporate the tribal cultural resource related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated May 22, 2025. CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these. Any historical artifacts recovered as a result of mitigation shall be provided to a City -approved institution or person who is capable of providing long-term preservation to allow future scientific study. CUL-2: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City o n the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with CEQA Guidelines Section 15064.5. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves t he measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City approved institution or person who is capable of providing long term preservation to allow future scientific study. If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. CUL-3: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Herita ge Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIX. UTILITIES AND SERVICE SYSTEMS – Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effect? X b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? X c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? X DISCUSSION a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less Than Significant Impact. The proposed Project will require construction of new infrastructure to connect to the existing utility infrastructure. This will include water, wastewater, and storm water drainage connections. Additionally, the Project will include connections for electric power, natural gas, and telecommunications facilities. The installation of this infrastructure will not require any major upsizing or other offsite construction activities that would cause a significant impact. The new infrastructure would be connected to the existing infrastructure that is adjacent to the Project site. Impacts to storm drainage facilities have been previously discussed under the Hydrology and Water Quality section included within this analysis herein above. As described in Section VII, Geology and Soils, and in compliance with NPDES General Construction Permit requirements, the proposed Project would design and submit a site-specific SWPPP to minimize the discharge of wastewater during construction and a Water Quality Management Plan that includes best management practices (BMPs) for runoff control as required. Therefore, the proposed Project would not require new stormwater drainage facilities to manage stormwater runoff during construction or operation. The proposed Project would be subject to the payment of any applicable connection charges and/or fees and extension of services in a manner that is compliant with the Department of Public Utilities standards, specifications, and policies. Sanitary sewer and water service under City of Fresno jurisdiction, delivery is also subject to payment of applicable connection charges and/or fees; compliance with the Department of Public Utilities standards, specifications, and policies; the rules and regulations of the California Public Utilities Commission and California Health Services; and, implementation of the City- wide program for the completion of incremental expansions to facilities for planned water supply, treatment, and storage.. Impacts would be less than significant. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less Than Significant Impact. As discussed under the Section VII Hydrology and Water Quality section of this Initial Study, the Fresno General Plan recognizes regional water resource planning efforts, such as, the Kings Basin’s Integrated Regional Water Management Plan, the Fresno- Area Regional Groundwater Management Plan, and City of Fresno Metropolitan Water Resource Management Plan and cites the findings of the City of Fresno 2020 UWMP. The purpose of these management plans is to provide safe, adequate, and dependable water supplies in order to adequately meet existing and future needs of the Kings Basin regions and the Fresno-Clovis metropolitan area in an economical manner; protect groundwater quality from further degradation and overdraft; and provide a plan of reasonably implementable measures and facilities. Through routing to the applicable departments and agencies, the City has determined that adequate water supply exists to serve the proposed Project. Additionally, the applicant will be required t o comply with all requirements of the City of Fresno Department of Public Utilities to reduce the Project’s water impacts to less than significant. c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Less Than Significant Impact. The Project will result in wastewater from restroom and kitchen facilities that will be discharged into the City’s existing wastewater treatment system. The wastewater will be typical of other urban development consisting of a bathrooms and other similar features. The City of Fresno Public Works Department has previously reviewed the Project site and determined that it can accommodate the wastewater generated from the Project. Therefore, the impact of the Project on wastewater treatment is less than significant. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less Than Significant Impact. The City of Fresno Department of Public Utilities, Solid Waste Division has reviewed the Project for compliance with any federal, State, and local management and reduction statutes and regulations related to solid waste. Garbage disposed of in the City of Fresno is taken to Cedar Avenue Recycling and Transfer Station. Once the trash has been off‐loaded at the transfer station, it is sorted, and non‐recyclable solid waste is loaded onto large trucks and taken to the American Avenue Landfill located approximately six miles southwest of Kerman. American Avenue Landfill is owned and operated by Fresno County and began operations in 1992 for both public and commercial solid waste haulers. The American Avenue Landfill is a sanitary landfill, meaning that it is a disposal site for a nonhazardous solid waste spread in layers, compacted to the smallest practical volume, and covered by material applied at the end of each operating day. The American Avenue Landfill (i.e., American Avenue Disposal Site 10 ‐AA‐0009) has a maximum permitted capacity of 32,700,000 cubic yards and a remaining capacity of 29,358,535 cubic yards, with an estimated closure date of August 31, 2031. The maximum permitted throughput is 2,200 tons per day. Other landfills within the County of Fresno include the Clovis Landfill, with a maximum remaining permitted capacity of 7,740,000 cubic yards, a maximum permitted throughput of 2,000 tons per day, and an estimated closure date of 2047. There is also the Coalinga Landfill, with a maximum remaining capacity of 1,930,062 cubic yards, a maximum permitted throughput of 200 tons per day, and an estimated closure date of 2029. As noted above, the estimated closure date of the American Avenue Landfill is 2031. Additional capacity also exists at the Clovis Landfill and Coalinga Landfill. The 200 tons per year would not result in exceedance of the local capacity infrastructure. It is anticipated the Project would generate minimal amounts of waste during construction and operation. Any Hazardous waste generated during construction would be disposed of at an approved location, and construction activities are not expected to exceed the capacity of these landfills. The Project will comply with any statutes and regulations related to solid waste. Therefore, the proposed Project would not result in any waste related environmental impacts, and impacts would be less than significant. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Less Than Significant Impact. Project construction and operational activities that generate solid waste will be handled, transported, and disposed of in accordance with applicable federal, State, and local regulations pertaining to municipal waste. The City currently has a number of provisions that require or promote recycling and waste reduction. As an example, the City has the Construction and Demolition Recycling Ordinance that requires contractors to recycle construction and demolition debris.The Project will be in compliance with existing statues and regulations related to solid waste, and a less than significant impact would occur. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? X b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? X d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? X Setting There are no State Responsibility Areas (SRAs) within the vicinity of the Project site. The Project site is not categorized as a "Very High" Fire Hazard Severity Zone (FHSZ) by CalFire. Although this CEQA topic only applies to areas within an SRA or Very High FHSZ, out of an abundance of caution, these checklist questions are analyzed below. DISCUSSION a) Substantially impair an adopted emergency response plan or emergency evacuation plan? No Impact. The City of Fresno Fire Department is in charge of emergency response and preparedness. The Project site will connect to an existing network of City streets. The Project site is located in an area with several alternative access roads allowing access in the event of an emergency. Access to the alternative access roads would be maintained throughout construction, and appropriate detours would be provided in the event of potential road closures. Therefore, no significant impacts related to the impairment of the implementation of or physical interference with an adopted emergency response plan or emergency evacuation plan would occur. Impacts will be less than significant. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Less Than Significant Impact. The proposed Project is located in a flat area developed with industrial land uses, which precludes the risk of wildfire. The area is flat in nature which would limit the risk of downslope flooding and landslides, and limit any wildfire spread. As such, any wildfire risk to the project structures or people would be less than significant. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact. The proposed Project is located in an area developed with urban uses , with access to existing facilities and infrastructure. The Project buildings and site will be designed in accordance with City of Fresno municipal codes, ordinances, and fire codes which regulate access to emergency water source and other utilities. There are no aspects of this proposed Project that would exacerbate fire risk. There is no impact. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impact. As discussed in Impact b) above, the proposed Project is located in an area dominated by urban uses and is relatively flat, which precludes the risk of downslope or downstream flooding. There is no impact. Mitigation Measures None are required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIX. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X DISCUSSION a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory? Less than Significant Impact with Mitigation. As evaluated in this IS/MND, the proposed Project would not substantially degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or animal community; reduce the number or restrict the range of an endangered, rare, or threatened species; or eliminate important examples of the major periods of California history or prehistory. Mitigation measures have been included to lessen the significance of potential impacts. Similar mitigation measures would be expected of other projects in the surrounding area, most of which share a similar cultural paleontological and biological resources. Consequently, the incremental effects of the proposed project, after mitigation, would not contribute to an adverse cumulative impact on these resources. Therefore, the project would have a less than significant impact with mitigation incorporated. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less than Significant Impact. CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects. Due to the nature of the Project and consistency with environmental policies, incremental contributions to impacts are considered less than cumulatively considerable. All Project- related impacts were determined to be less than significant. The proposed Project would not contribute substantially to adverse cumulative conditions, or create any substantial indirect impacts (i.e., increase in population could lead to an increase need for housing, increase in traffic, air pollutants, etc.). Due to buildout of the area and existing land constraints, it is not anticipated that further substantial commercial or residential development will occur in the area in the foreseeable future. As such, Project impacts are not considered to be cumulatively considerable given the lack of proposed new development in the area and the insignificance of Project-induced impacts. The impact is therefore less than significant. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Less than Significant Impact. The analyses of environmental issues contained in this Initial Study indicate that the Project is not expected to have substantial impact on human beings, either directly or indirectly. Project -specific mitigation measures have been incorporated as described in each specific impact area which will reduce all potentially significant impacts to less than significant. Appendix A – Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum To: Emily Bowen, LEED AP, Principal Environmental Planner Crawford & Bowen Planning, Inc. 113 N. Church Street, Suite 310 Visalia, CA 93291 emily@candbplanning.com Prepared By: Johnson Johnson and Miller Air Quality Consulting Services Contact: Richard Miller, Air Quality and Climate Change Specialist rmiller.jjm.environmental@gmail.com Central Transport Regional Facility Project Report Date: November 13, 2024 Subject: Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum This Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum was prepared to evaluate whether the estimated criteria air pollutant, ozone precursor, toxic air contaminant (TAC), and/or greenhouse gas (GHG) emissions generated from construction and/or operation of the Central Transport Regional Facility Project (proposed project or project) would cause significant impacts to air quality , GHG, or energy resources. The methodology follows the Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI) prepared by the San Joaquin Valley Air Pollution Control District (SJVAPCD) for the quantification of emissions and evaluation of potential impacts to air resources.1 The GHG Analysis follows and the SJVAPCD’s Guidance for Valley Land-Use Agencies in Addressing GHG Emission Impacts for New Projects under the California Environmental Quality Act (CEQA).2 Project Location and Description The Central Transport Regional Facility will be located on 15.22 acres in an industrial area of south Fresno just off the east side of Highway 41 and south of Highway 99 in Fresno County. Specifically, the Project site is on the west side of S. Cherry Avenue and south of East North Avenue. The Assessor’s Parcel Number (APN) associated with the project site is 329-100-52. The site is located within the City of Fresno’s sphere of influence and its planned land use designation is Employment – Heavy Industrial. A Pre-Zone/Rezone Application and Annexation Application are being submitted concurrently with the Development Application. The development proposed by Crown Enterprises, Inc. will serve as the long-term regional facility for Central Transport for the purpose of providing less-than-truckload freight services for local and nationally based businesses. The proposed scope of the initial development will consist of: 15.22 Total Acres of jobsite area 1 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF. Accessed May 5, 2023. 2 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2009. Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. December 17. Website: https://www.valleyair.org/Programs/CCAP/12- 17-09/3%20CCAP%20-%20FINAL%20LU%20Guidance%20-%20Dec%2017%202009.pdf. Accessed May 5, 2023. 1 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Approximately 3,200 sf of administrative office 3,494 square-foot office 68,570 square-foot Cross-Dock Transfer Platform 11,880 square-foot Maintenance Shop Diesel Fuel System for fleet equipment Proposed paved area Parking for approximately 29 fleet tractors Parking for approximately 150 fleet trailers Parking for approximately 84 automobiles For the purposes of estimating emissions, the following land uses were used in the modeling to represent the project: Office space totaling 6,700 square feet Unrefrigerated warehouse totaling 69,000 square feet Maintenance shop totaling 12,000 square feet Parking lot totaling 13.2 acres One (1) additional acre of asphalt surfaces to represent off-site improvements (such as frontage improvements) Central Transport will operate 24 hours per day, Monday through Friday, and Saturday mornings, and will have up to 90 employees entering and existing the project site daily. Central Transport’s activities at this site will involve the unloading and transfer of freight from trailers incoming to the facility, and direct loading to trailers outbound to their destination. No outside storage of material will be required with this operation. Project Traffic Information:3 • 126 truck trips per day (63 entering and 63 exiting) • 180 passenger vehicle trips per day (90 entering and 90 exiting) 3 Ruettgers & Schuler Civil Engineers. 2023. Crown Central Transport Regional Facility Traffic Study – Fresno, CA. August. 2 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Summary of Analysis Results As previously noted, the proposed project would include a rezone from AL-20 to IH. The project site is on approximately 15.22 acres. As detailed above, this analysis assumes that distribution facility structures totaling up to 87,700 square feet could be constructed on the project site. As such, this evaluation includes the maximum developable building and area for the project site. The following is a summary of the analysis results. As shown below, the proposed project (analyzed as maximum buildout for the proposed rezoning) would result in less than significant impacts to GHG and energy resources and would result in less significant impacts to air quality resources after the incorporation of mitigation. Impact AIR-A: The proposed project would not conflict with or obstruct implementation of the applicable air quality plan. Less than significant impact. Impact AIR-B: The proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? Less than significant impact. Impact AIR-C: The proposed project would not expose sensitive receptors to substantial pollutant concentrations. Less than significant impact with incorporation of mitigation. Impact AIR-D: The proposed project would not create objectionable odors affecting a substantial number of people. Less than significant impact. Impact GHG-A: The proposed project would not generate direct or indirect greenhouse gas emissions that would result in a significant impact on the environment. Less than significant impact. Impact GHG-B: The proposed project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases. Less than significant impact. Impact Energy-A: The proposed project would not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. Less than significant impact. Impact Energy-B: The proposed project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Less than significant impact. Air Quality Mitigation Measures MM AIR-1 is required to reduce the project’s potential impacts during construction to less than significant (see Impact AIR-C). MM AIR-1 Before a construction permit is issued for the proposed project, the project applicant, project sponsor, or construction contractor shall submit documentation demonstrating reasonably detailed compliance with the following requirements to the City of Fresno: 3 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Where portable diesel engines are used during construction, all off-road equipment with engines greater than 75 horsepower shall have engines that meet or exceed either United States Environmental Protection Agency (EPA) or California Air Resources Board (CARB) Tier 4 Interim off-road emission standards or be equipped with Level 3 diesel particulate filters. Tier 4 Interim engines shall, at a minimum, meet EPA or CARB particulate matter emissions standards for Tier 4 Interim engines. Alternatively, use of CARB-certified Level 3 diesel particulate filters on off-road equipment with engines greater than 75 horsepower can be used in lieu of Tier 4 Interim engines or in combination with Tier 4 Interim or better engines. The construction contractor shall maintain records documenting its efforts to comply with this requirement, including equipment lists. Off-road equipment descriptions and information shall include, but are not limited to, equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating), horsepower, and engine serial number. The project applicant and/or construction contractor shall submit the construction operations plan and records of compliance to the City of Fresno. 4 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Modeling Parameters and Assumptions The following modeling parameters and assumptions were used to generate criteria air pollutant, GHG, and TAC emissions for the proposed project. Air Pollutants and GHGs Assessed Criteria Pollutants Assessed The following criteria air pollutants were assessed in this analysis: reactive organic gases (ROG),4 oxides of nitrogen (NOX), carbon monoxide (CO), sulfur dioxide (SO2), particulate matter less than 10 microns in diameter (PM10), and particulate matter less than 2.5 microns in diameter (PM2.5). Note that the proposed project would emit ozone precursors ROG and NOX. However, the proposed project would not directly emit ozone since it is formed in the atmosphere during the photochemical reaction of ozone precursors. General descriptions and most relevant effects from pollutant exposure of the criteria pollutants of concern are listed below. Table 1: Descriptions of Criteria Pollutants of Concern Criteria Pollutant Physical Description and Properties Sources Most Relevant Effects from Pollutant Exposure Ozone Ozone is a photochemical pollutant as it is not emitted directly into the atmosphere, but is formed by a complex series of chemical reactions between volatile organic compounds (VOC), nitrous oxides (NOX), and sunlight. Ozone is a regional pollutant that is generated over a large area and is transported and spread by the wind. Ozone is a secondary pollutant; thus, it is not emitted directly into the lower level of the atmosphere. The primary sources of ozone precursors (VOC and NOX) are mobile sources (on-road and off-road vehicle exhaust). Irritate respiratory system; reduce lung function; breathing pattern changes; reduction of breathing capacity; inflame and damage cells that line the lungs; make lungs more susceptible to infection; aggravate asthma; aggravate other chronic lung diseases; cause permanent lung damage; some immunological changes; increased mortality risk; vegetation and property damage. Particulate matter (PM10) Suspended particulate matter is a mixture of small particles that consist of dry solid fragments, droplets of water, or solid cores with liquid coatings. The particles vary in shape, size, and composition. PM10 refers to particulate matter that is between 2.5 and 10 microns in diameter, (one micron is one-millionth of a meter). PM2.5 refers to particulate matter that is 2.5 microns or less in diameter, about one-thirtieth the size of the average human hair. Stationary sources include fuel or wood combustion for electrical utilities, residential space heating, and industrial processes; construction and demolition; metals, minerals, and petrochemicals; wood products processing; mills and elevators used in agriculture; erosion from tilled lands; waste disposal, and recycling. Mobile or transportation related sources are from vehicle exhaust and • Short-term exposure (hours/days): irritation of the eyes, nose, throat; coughing; phlegm; chest tightness; shortness of breath; aggravate existing lung disease, causing asthma attacks and acute bronchitis; those with heart disease can suffer heart attacks and arrhythmias. • Long-term exposure: reduced lung function; chronic bronchitis; changes in lung morphology; death. Particulate matter (PM2.5) 4 Note: Although there are slight differences in the definition of ROGs and VOCs, the two terms are often used interchangeably. VOC = volatile organic compounds 5 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Criteria Pollutant Physical Description and Properties Sources Most Relevant Effects from Pollutant Exposure road dust. Secondary particles form from reactions in the atmosphere. Nitrogen dioxide (NO2) During combustion of fossil fuels, oxygen reacts with nitrogen to produce nitrogen oxides—NOX (NO, NO2, NO3, N2O, N2O3, N2O4, and N2O5). NOX is a precursor to ozone, PM10, and PM2.5 formation. NOX can react with compounds to form nitric acid and related small particles and result in particulate matter (PM) related health effects. NOX is produced in motor vehicle internal combustion engines and fossil fuel-fired electric utility and industrial boilers. Nitrogen dioxide forms quickly from NOX emissions. NO2 concentrations near major roads can be 30 to 100 percent higher than those at monitoring stations. Potential to aggravate chronic respiratory disease and respiratory symptoms in sensitive groups; risk to public health implied by pulmonary and extra-pulmonary biochemical and cellular changes and pulmonary structural changes; contributions to atmospheric discoloration; increased visits to hospital for respiratory illnesses. Carbon monoxide (CO) CO is a colorless, odorless, toxic gas. CO is somewhat soluble in water; therefore, rainfall and fog can suppress CO conditions. CO enters the body through the lungs, dissolves in the blood, replaces oxygen as an attachment to hemoglobin, and reduces available oxygen in the blood. CO is produced by incomplete combustion of carbon-containing fuels (e.g., gasoline, diesel fuel, and biomass). Sources include motor vehicle exhaust, industrial processes (metals processing and chemical manufacturing), residential wood burning, and natural sources. Ranges depending on exposure: slight headaches; nausea; aggravation of angina pectoris (chest pain) and other aspects of coronary heart disease; decreased exercise tolerance in persons with peripheral vascular disease and lung disease; impairment of central nervous system functions; possible increased risk to fetuses; death. Sulfur dioxide (SO2) Sulfur dioxide is a colorless, pungent gas. At levels greater than 0.5 parts per million (ppm), the gas has a strong odor, similar to rotten eggs. Sulfur oxides (SOX) include sulfur dioxide and sulfur trioxide. Sulfuric acid is formed from sulfur dioxide, which can lead to acid deposition and can harm natural resources and materials. Although sulfur dioxide concentrations have been reduced to levels well below state and federal standards, further reductions are desirable because sulfur dioxide is a precursor to sulfate and PM10. Human caused sources include fossil-fuel combustion, mineral ore processing, and chemical manufacturing. Volcanic emissions are a natural source of sulfur dioxide. The gas can also be produced in the air by dimethyl sulfide and hydrogen sulfide. Sulfur dioxide is removed from the air by dissolution in water, chemical reactions, and transfer to soils and ice caps. The sulfur dioxide levels in the State are well below the maximum standards. Bronchoconstriction accompanied by symptoms which may include wheezing, shortness of breath and chest tightness, during exercise or physical activity in persons with asthma. Some population-based studies indicate that the mortality and morbidity effects associated with fine particles show a similar association with ambient sulfur dioxide levels. It is not clear whether the two pollutants act synergistically or one pollutant alone is the predominant factor. Source: U.S. Environmental Protection Agency (EPA). Criteria Air Pollutants. Website: https://www.epa.gov/criteria-air- pollutants. Accessed April 24, 2023. 6 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum GHGs Assessed This analysis was restricted to GHGs identified by AB 32, which include carbon dioxide (CO 2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and nitrogen trifluoride (NF3). The proposed project would generate a variety of GHGs, including several defined by AB 32 such as CO2, CH4, and N2O. Water vapor could be emitted from evaporated water used for landscaping and other uses, but this is not a significant impact because water vapor concentrations in the upper atmosphere are primarily due to climate feedbacks rather than emissions from project-related activities. Ozone is a GHG; however, unlike the other GHGs, ozone in the troposphere is relatively short -lived and can be reduced in the troposphere on a daily basis. Stratospheric ozone can be reduced through reactions with other pollutants. Certain GHGs defined by AB 32 would not be emitted by the project. Perfluorocarbons and sulfur hexafluoride are typically used in industrial applications, none of which would be used by the project. Therefore, it is not anticipated that the project would emit perfluorocarbons or sulfur hexafluoride. GHG emissions associated with the proposed project construction as well as future operations were estimated using CO2 equivalent (CO2e) emissions as a proxy for all GHG emissions. In order to obtain the CO2e, an individual GHG is multiplied by its Global Warming Potential (GWP). The GWP designates on a pound for pound basis the potency of the specific GHG compared to CO2. Toxic Air Contaminants Assessed Toxic Air Contaminants A TAC is defined as an air pollutant that may cause or contribute to an increase in mortality or serious illness, or that may pose a hazard to human health. TACs are usually present in minute quantities in the ambient air; however, their high toxicity or health risk may pose a threat to public health even at low concentrations. The California Almanac of Emissions and Air Quality—2009 Edition presents the relevant concentration and cancer risk data for the ten TACs that pose the most substantial health risk in California based on available data.5 The ten TACs are acetaldehyde, benzene, 1.3-butadiene, carbon tetrachloride, hexavalent chromium, para-dichlorobenzene, formaldehyde, methylene chloride, perchloroethylene, and diesel particulate matter (DPM). Some studies indicate that DPM poses the greatest health risk among the TACs listed above. A 10-year research program demonstrated that DPM from diesel-fueled engines is a human carcinogen and that chronic (long-term) inhalation exposure to DPM poses a chronic health risk.6 In addition to increasing the risk of lung cancer, exposure to diesel exhaust can have other health effects. Diesel exhaust can irritate the eyes, nose, throat, and lungs, and it can cause coughs, headaches, lightheadedness, and nausea. Diesel exhaust is a major source of fine particulate pollution as well, and studies have linked elevated particle levels in the air to increased hospital admissions, emergency room visits, asthma attacks, and premature deaths among those suffering from respiratory problems. 5 California Air Resources Board (CARB). 2009. The California Almanac of Emissions and Air Quality—2009 Edition. Website: https://www.arb.ca.gov/aqd/almanac/almanac09/almanac2009 all.pdf. 6 California Air Resources Board (CARB). 1998. The Toxic Air Contaminant Identification Process: Toxic Air Contaminant Emissions from Diesel-fueled Engines. Website: www.arb.ca.gov/toxics/dieseltac/factsht1.pdf. 7 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum DPM For purposes of this study, DPM exhaust emissions are represented as exhaust PM10. The project would generate passenger vehicle and truck trips from employees, visitors, deliveries, and service vehicles traveling to and from the project site. The main source of DPM from the long-term operations of the proposed project would be from combustion of diesel fuel in diesel-powered engines in on-road trucks, while additional DPM would be emitted from on-site equipment. On-site motor vehicle emissions refer to DPM exhaust emissions from the motor vehicle traffic that would travel and idle within the project site each day. Asbestos Asbestos is the name given to a number of naturally occurring fibrous silicate minerals that have been mined for their useful properties such as thermal insulation, chemical and thermal stability, and high tensile strength. The three most common types of asbestos are chrysotile, amosite, and crocidolite. Chrysotile, also known as white asbestos, is the most common type of asbestos found in buildings. Chrysotile makes up approximately 90 to 95 percent of all asbestos contained in buildings in the United States. Exposure to asbestos is a health threat; exposure to asbestos fibers may result in health issues such as lung cancer, mesothelioma (a rare cancer of the thin membranes lining the lungs, chest, and abdominal cavity), and asbestosis (a non-cancerous lung disease that causes scarring of the lungs). Exposure to asbestos can occur during demolition or remodeling of buildings that were constructed prior to the 1977 ban on asbestos for use in buildings. Exposure to naturally occurring asbestos can occur during soil-disturbing activities in areas with deposits present. Model Selection Air pollutant emissions can be estimated by using emission factors and a level of activity. Emission factors are the emission rate of a pollutant given the activity over time; for example, grams of NO X per horsepower-hour. CARB has published emission factors for on-road mobile vehicles/trucks in the EMFAC mobile source emissions model and emission factors for off-road equipment and vehicles in the OFFROAD emissions model. An air emissions model (or calculator) combines the emission factors and the various levels of activity and outputs the emissions for the various pieces of equipment. The project is located in Fresno County and within the San Joaquin Valley Air Basin. The modeling follows SJVAPCD guidance where applicable from its GAMAQI. The models used in this analysis are summarized as follows: ● Construction emissions: CalEEMod, version 2022.1 ● Operational emissions: CalEEMod, version 2022.1 ● Operational TAC emissions: EMission FACtor (EMFAC) 2021 ● Dispersion Model: American Meteorological Society/ Environmental Protection Agency Regulatory Model (AERMOD), version 22112 ● Health Risk Metric Calculations: Hot Spots Analysis & Reporting Program 2 (HARP2) Criteria Pollutants and GHG Emissions The California Emissions Estimator Model (CalEEMod) is a statewide land use emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and GHG emissions associated with both construction and operations from a variety of land use projects. CalEEMod quantifies direct emissions from construction and operation activities (including vehicle use), as well as indirect emissions, such as GHG emissions from energy use, solid waste disposal, vegetation planting and/or removal, and 8 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum water use. Further, CalEEMod identifies mitigation measures to reduce criteria pollutant and GHG emissions along with calculating the benefits achieved from measures chosen by the user. CalEEMod was developed for the California Air Pollution Control Officers Association (CAPCOA) in collaboration with the California Air Districts. Default data (e.g., emission factors, trip lengths, meteorology, source inventory, etc.) have been provided by the various California Air Districts to account for local requirements and conditions. CalEEMod is a comprehensive tool for quantifying air quality impacts from land use projects located throughout California. The model can be used for a variety of situations where an air quality analysis is necessary or desirable such as preparing CEQA or National Environmental Policy Act documents, conducting pre-project planning, and verifying compliance with local air quality rules and regulations, etc. CalEEMod version CalEEMod 2022.1 was used to estimate construction and operational impacts of the proposed project. CalEEMod version 2022.1 was the most recent version of CalEEMod at the time emissions were estimated in May 2023. Assumptions Construction Modeling Assumptions Construction emissions can vary substantially from day to day, depending on the level of activity, the specific type of operation, and prevailing weather conditions. Construction emissions result from on -site and off-site activities. On-site emissions principally consist of exhaust emissions from the activity levels of heavy-duty construction equipment, motor vehicle operation, and fugitive dust (mainly PM 10) from disturbed soil. Additionally, paving operations and application of architectural coatings would release VOC emissions. Off-site emissions are caused by motor vehicle exhaust from delivery vehicles, worker traffic, and road dust (PM10 and PM2.5). Schedule CalEEMod includes default equipment lists and construction schedules. Where project -specific information was unknown, CalEEMod default values were used. Table 2 shows the conceptual construction schedule for the proposed project. The construction schedule utilized in the analysis represents a “worst-case” analysis scenario, since emission factors for construction equipment decrease as the analysis year increases due to improvements in technology and more stringent regulatory requirements. Therefore, construction emission estimates would decrease if the construction schedule moved to later years. The duration of construction activity and associated equipment represent a reasonable approximation of the expected construction fleet as required per CEQA guidelines. The site-specific construction fleet may vary due to specific project needs at the time of construction. Table 2: Project Construction Schedule Construction Activity Start Date End Date Workdays Notes Site Preparation 7/1/2023 8/13/2023 30 Grading 8/14/2023 9/25/2023 30 Building Construction 10/24/2023 7/3/2024 182 Adjusted to match applicant- provided schedule Paving 9/26/2023 10/23/2023 20 9 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Construction Activity Start Date End Date Workdays Notes Architectural Coating 7/4/2024 7/31/2024 20 Site Preparation 7/1/2023 8/13/2023 30 Note: The construction schedule utilized in the analysis represents a “worst-case” analysis scenario since emission factors for construction equipment decrease as the analysis year increases, due to improvements in technology and more stringent regulatory requirements. Therefore, construction emissions would decrease if the construction schedule moved to later years. Source: CalEEMod Output and Additional Supporting Information (Attachment A). Equipment Construction equipment for each construction activity is shown in Table 3. Where the construction schedule was adjusted to match the applicant-provided schedule, construction equipment was increased to retain the CalEEMod-default construction HP-hours. Table 3: Project Construction Equipment Construction Activity Equipment Type Pieces of Equipment Usage (hours/day) Horsepower Load Factor Fuel Type Site Preparation Rubber Tired Dozers 3 8 367 0.40 Diesel Tractors/Loaders/Backhoes 4 8 84 0.37 Diesel Grading Excavators 2 8 158 0.38 Diesel Graders 1 8 148 0.41 Diesel Rubber Tired Dozers 1 8 367 0.40 Diesel Scrapers 2 8 423 0.48 Diesel Tractors/Loaders/Backhoes 3 8.8 84 0.37 Diesel Building Construction1 Cranes 1 7 367 0.29 Diesel Forklifts 3 8 82 0.20 Diesel Generator Sets 1 8 14 0.74 Diesel Tractors/Loaders/Backhoes 3 7 84 0.37 Diesel Welders 1 8 46 0.45 Diesel Paving Pavers 2 8 130 0.42 Diesel Paving Equipment 2 8 132 0.36 Diesel Rollers 2 8 80 0.38 Diesel Architectural Coating Air Compressors 1 6 37 0.48 Diesel Notes: 1 The equipment for the building construction phase was doubled to retain the overall CalEEMod HP -hours. Source: CalEEMod Output and Additional Supporting Information (Attachment A). Vehicles Trips Table 4 provides a summary of the construction-related vehicle trips. CalEEMod default values were used to estimate the number of construction-related vehicle trips. Additional haul trips were added to each construction activity to account for the mobilization of off-road equipment. 10 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum The default values for hauling trips are based on the assumption that a truck can haul 20 tons (or 16 cubic yards) of material per load. If one load of material is delivered, CalEEMod assumes that one haul truck importing material will also have a return trip with an empty truck (e.g., 2 one-way trips). The fleet mix for worker trips is light-duty passenger vehicles to light-duty trucks. The vendor trips fleet mix is composed of a mixture of medium and heavy-duty diesel trucks. The hauling trips were assumed to be 100 percent heavy-duty diesel truck trips. CalEEMod default trip lengths for a project in Fresno County were used for the construction trips. Table 4: Construction Vehicle Trips Construction Task Worker Trips per Day Vendor Trips per Day Haul Trips per Day Site Preparation 17.50 0.00 0.00 Grading 22.50 2.00 0.00 Building Construction 34.96 14.37 0.00 Paving 15.00 4.00 0.00 Architectural Coating 6.99 0.00 0.00 Notes: Additional vendor trips were added to the grading and paving phases to account for delivery of materials. Source: CalEEMod Output and Additional Supporting Information (Attachment A). Operational Modeling Assumptions Operational emissions are those emissions that would occur during long-term operations of the proposed project. Motor Vehicles Motor vehicle emissions refer to exhaust and road dust emissions from the automobiles that would travel to and from the proposed project site. Project-specific trip rates were used in the analysis. The project’s daily trips were split into passenger vehicle and truck trips to estimate emissions. The project -specific estimates presented in the traffic study prepared for the project7 were applied to calculate the daily truck trips and daily passenger vehicle trips in the emissions modeling. The analysis used a trip length of 50 miles for primary truck trips generated by the project. Furthermore, all truck trip types were set to 100 percent primary trips, which removes all reductions to emissions that the model applied by default from pass-by and diverted trips. Table 5 presents trip generation characteristics for projected trips for the project. Table 5: Project Trip Generation Calculations used to Estimate Project Emissions Description Passenger Vehicles Trucks Weekday Trips (trips per day) 180 passenger vehicle trips per day (90 entering and 90 exiting) 126 truck trips per day (63 entering and 63 exiting) Saturday Trips (trips per day) 180 passenger vehicle trips per day (90 entering and 90 exiting) 126 truck trips per day (63 entering and 63 exiting) 7 Ruettgers & Schuler Civil Engineers. 2023. Crown Central Transport Regional Facility Traffic Study – Fresno, CA. August. 11 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Sunday Trips (trips per day) 4.69 passenger vehicle trips per day (based on CalEEMod default value) 126 truck trips per day (63 entering and 63 exiting) Note: Daily trips used to estimate emissions were selected using trip generation estimates provided in the project - specific traffic analysis. These daily values were applied to weekdays and Saturday for passenger vehicles (based on the operating hours of the project provided in the project description) and were applied to all seven days a week for truck trips. Default values were applied to passenger vehicles for Sunday. Source: Attachment A. Vehicle Fleet Mix Trip lengths are for primary trips. Trip purposes are primary, diverted, and pass -by trips. Diverted trips take a slightly different path than a primary trip. The CalEEMod default rates for percentages of primary, diverted, and pass-by trips were used for the passenger vehicle run. The vehicle fleet mix is defined as the mix of motor vehicle classes active during the operation of the proposed project. Emission factors are assigned to the expected vehicle mix as a function of vehicle class, speed, and fuel use (gasoline- and diesel-powered vehicles). Modeling of the project’s operations was split into two separate CalEEMod runs: (1) area -source emissions, energy-source emissions, and passenger vehicle mobile-source emissions; and (2) truck mobile-source emissions. The vehicle types in the first operational run were based on the default values for Fresno County, while the second run included trucks only. Transportation Refrigeration Units Cold storage is not included as part of the proposed project; therefore, it is not anticipated that trucks making trips to and from the project site would be equipped with Transportation Refrigeration Units (TRUs). Area Sources Consumer Products Consumer products are various solvents used in non-industrial applications, which emit VOCs during their product use. “Consumer Product” means a chemically formulated product used by household and institutional consumers, including but not limited to: detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products. It does not include other paint products, furniture coatings, or architectural coatings. CalEEMod includes default consumer product use rates based on building square footage. The default emission factors developed for CalEEMod were used for consumer products associated with parking uses and the general consumer product category. Architectural Coatings (Painting) Paints release VOC emissions during application and drying. The buildings in the project would be repainted on occasion. The project is required to comply with the SJVAPCD Rule 4601 —Architectural Coatings. The rule required flat paints to meet a standard of 50 grams per liter (g/l) and gloss paints 100 g/l by 2012 for an average rate of 65 g/l. Effective January 1, 2022, nonflat gloss and semigloss paints are also required to meet the 50 g/l standard, providing lower VOC emissions for buildings constructed after that date. Therefore, the analysis uses the 50 g/l emission factor for the analysis. Landscaping Emissions 12 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum CalEEMod can generate landscaping emissions based on statewide average equipment emission intensities for the number of snow and summer days for the project location. CalEEMod estimated 180 days for which landscaping equipment would be used to estimate potential emissions for the proposed project. To generate emissions, CalEEMod applies the number of days to a statewide average weighted landscape equipment emission factor derived from CARB’s Small Off-Road Engines Model v1.1 (SORE2020).8 Indirect Emissions For GHG emissions, CalEEMod contains calculations to estimate indirect GHG emissions. Indirect emissions are emissions where the location of consumption or activity is different from where actual emissions are generated. For example, electricity would be consumed at the proposed project site; however, emissions associated with producing that electricity are generated off-site at a power plant. Since the electricity can vary greatly based on locations, the user should override these values if they have more specific information regarding their specific water supply and treatment. Energy Use Electricity used by the project (for lighting, etc.) would result in emissions from the power plants that would generate electricity distributed on the electrical power grid. Electricity emissions estimates are only used in the GHG analysis. The project would generate emissions from the combustion of natural gas for water heaters, heat, etc. CalEEMod has two categories for natural gas consumption: Title 24 and non-Title 24. The emissions associated with the building electricity and natural gas usage (non -hearth) were estimated based on the land use type and size. Values for a project served by Pacific Gas and Electric (PG&E) were used in the analysis. The Renewable Electricity Standards took effect in 2020. The Renewable Electricity Standard requires that electricity providers include a minimum of 33 percent renewable energy in their portfolios by the year 2020. PG&E provides estimates of its emission f actor per megawatt hour of electricity delivered to its customers. The utilities in California will be required to increase the use of renewable energy sources to 60 percent by 2030. Other Indirect Emissions (Water Use, Wastewater Use, and Solid Waste) CalEEMod includes calculations for indirect GHG emissions for electricity consumption, water consumption, and solid waste disposal. For water consumption, CalEEMod calculates embedded energy (e.g., treatment, conveyance, distribution) associated with providing each gallon of potable water to the project. For solid waste disposal, GHG emissions are associated with the disposal of solid waste generated by the proposed project into landfills. CalEEMod default data were used for inputs associated with solid waste. Offroad Equipment Stationary Sources Proposed or future stationary sources would require permits from the SJVAPCD prior to their installation or operation. Examples of permitted sources include commercial organic material composting operations, 8 California Air Pollution Control Officers Association (CAPCOA). 2022. California Emissions Estimator Model (CalEEMod) User Guide Version 2022.1. April. Website: https://caleemod.com/documents/user- guide/01_User%20Guide.pdf. Accessed March 5, 2024. 13 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum glass melting furnaces, boilers, steam generators, glass coating operations, and fuel burning equipment. Any future equipment that would be considered a stationary source would need to meet SJVAPCD emission limits for regulated pollutants pursuant to Rule 2201. The equipment will also meet SJVAPCD BPS for GHG emissions. Vegetation There is currently limited carbon sequestration occurring on -site in the form of existing shrubbery and grassland. The proposed project would meet any requirements set forth by the City of Fresno, as the lead agency, in regard to landscaping/open space that may result in the inclusion of vegetation. For this analysis, it was assumed that the loss and addition of carbon sequestration that are due to the proposed project would be balanced; therefore, emissions due to carbon sequestration were not included. Refrigerants Buildings requiring cold storage are not included as part of the proposed project. Health Risk Assessment Assumptions A Health Risk Assessment (HRA) was completed to evaluate potential health risks associated with the generation of TACs during construction and operational activities associated with the proposed project. Assumptions used in the HRA are summarized below, while complete calculations parameters are provided as part of Attachment B. Model Selection and Parameters An air dispersion model is a mathematical formulation used to estimate the air quality impacts at specific locations (receptors) surrounding a source of emissions given the rate of emissions and prevailing meteorological conditions. The air dispersion model applied in this assessment was the United States Environmental Protection Agency (EPA) AERMOD (version 22112) air dispersion model. Specifically, AERMOD was used to estimate levels of air emissions at sensitive receptor locations from potential sources of project-generated TACs. The use of AERMOD provides a refined methodology for estimating construction impacts by utilizing long-term, measured representative meteorological data for the project site and a representative operational schedule. The modeling analysis also considered the spatial distribution and elevation of each emitting source in relation to the sensitive receptors. Direction-dependent calculations were obtained by identifying the Universal Transverse Mercator (UTM) coordinates for each source location. Terrain elevations were obtained for the project site using the AERMAP model, the AERMOD terrain data pre-processor. Elevation data for the area were obtained and included in the model runs to account for complex terrain. The air dispersion model assessment used meteorological data from the Fresno Station (Station #93193). The meteorological data used was preprocessed for use with AERMOD by the SJVAPCD and included data for the years 2010 to 2014; all years were used in the assessment. All receptors were placed within the breathing zone, at 1.2 meters above ground level. Emissions were assumed to occur over a 24-hour-per-day, 365 day-per-year averaging period. It is anticipated that operational times will be typical of the regional facility being replaced, with truck deliveries that could occur any time in a 24-hour period. Detailed parameters and complete calculations are contained in Attachment B. Attachment B also includes a representation of the DPM modeling parameters, including modeled on-site vehicle travel, vehicle idling locations, and locations of sensitive receptors within approximately ¼-mile (1,320 feet) of the project boundary. Air Toxics Generated during Operations—DPM 14 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum The project would generate passenger vehicle and truck trips from visitors, vendors, and employees traveling to and from the project site. Customer visits to the property are expected to be limited, since the proposed operations are expected to involve industrial uses. The main source of DPM from the long-term operations of the proposed project would be from combustion of diesel fuel in diesel-powered engines in on-road trucks. On-site motor vehicle emissions refer to DPM exhaust emissions from the motor vehicle traffic that would travel and idle within the project site each day. The truck vehicle fleet mix was represented with 100 percent Heavy-Heavy-Duty trucks (HHDT). Emission factors are assigned to the expected vehicle mix as a function of vehicle age, vehicle class, speed, and fuel type. The operational fleet mix and daily diesel truck trips used to assess emissions from the proposed project are summarized below; the full calculations are included as part of Attachments A and B. Table 6: Truck Vehicle Type Classification used to Estimate Emissions Vehicle Type Classification Truck Fleet Mix Daily Trips Number of Daily Diesel Trips HHDT (4+ axle truck) 100% 126 126 Truck Totals 100.0% 126 126 Notes: HHDT = heavy-heavy duty trucks Sources: Attachments A and B. Each operational emission source to be evaluated requires geometrical and emission release specifications for use in the air dispersion model. The emission source configurations applied in this assessment of operational DPM emissions are shown in Table 7. Table 7: Summary of Select Operational Emission Source Configurations Emission Source Type Relevant Assumptions On-site Truck Traffic ● Configuration: One (1) line volume source ● Release height: 10.2 feet (3.1 meters) ● Vehicle Speed: 5 mph ● Vehicle types: heavy-heavy duty trucks (HHDT) ● Emission factors: EMFAC 2021 ● Daily Diesel Truck Trips per day: 126 daily trips On-site Truck Idling ● Configuration: A total of four (4) line volume sources, covering the loading dock areas. Line volume sources were used, as a line volume source is composed of a series of point sources and the potential idling areas covered a large area rather than a few discrete points. ● Release height: 10.2 feet (3.1 meters) ● Vehicle type: Heavy-duty diesel trucks (HHDT) ● Emission factors: EMFAC 2021 ● Number of diesel truck idling instances per day: 126 (based on one occurrence of idling per truck trip, and idling emissions calculated for diesel truck trucks only) 15 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Emission Source Type Relevant Assumptions Off-site Truck Traffic ● Configuration: One (1) line volume source ● The travel route was used to represent off-site emissions in the immediate project vicinity (truck travel paths within approximately 1,000 feet of the project boundary) ● Vehicle speeds: aggregated emission factors for 5 MPH to 25 MPH speed bins ● Vehicle type: Heavy-heavy-duty diesel trucks (HHDT) ● Emission factors: EMFAC 2021 Facility Operations ● 365 days per year, 24 hours per day Source: Attachment B. Operational emissions for the proposed project were assessed assuming the first year of operations would occur in 2024. Exhaust emissions of DPM (as PM10 exhaust) were estimated using EMFAC 2021. It was assumed that emission factors were constant for the years beyond 2024, which provides a conservative estimate of DPM emissions and associated health risks. DPM emissions are expected to decline as older, higher polluting vehicles continue to be replaced by newer cleaner vehicles. This decline is not fully accounted for in the HRA completed for the proposed project. The emission factors, AERMOD data, and emission estimation spreadsheets used to estimate motor vehicle DPM emissions during project operations are provided in Attachment B. Cancer Risk The model was run to obtain annual average concentration in micrograms per cubic meter [μg /m³] at sensitive receptor locations. Receptor were placed at sensitive receptors locations with ¼-mile (1,32 feet) of the project site and in the closest receptor locations in each direction from the project site. Consistent with SJVAPCD guidance, a health risk computation was performed to determine the risk of developing an excess cancer risk calculated on a 70-year exposure scenario. Cancer risk and non-cancer hazard calculations were completed using HARP2. The chronic and carcinogenic health risk calc ulations are based on the standardized equations contained in the U.S. EPA Human Health Evaluation Manual (1991) and OEHHA’s 2015 Guidance Manual.9,10 Based on the OEHHA methodology, the residential inhalation cancer risk from the annual average DPM concentrations is calculated by multiplying the daily inhalation or oral dose, by a cancer potency factor, the age sensitivity factor (ASF), the frequency of time spent at home (for residents only), and the exposure duration divided by averaging time, to yield the excess cancer risk. These factors are discussed in more detail below. Cancer risk must be separately calculated for specified age groups, because of age differences in sensitivity to carcinogens and age differences in intake rates (per kg body weight). Separate risk estimates for these age groups provide a health-protective estimate of cancer risk by accounting for greater susceptibility in early life, including both age-related sensitivity and amount of exposure. 9 U.S. Environmental Protection Agency (EPA). 1991. Human Health Evaluation Manual. Website: https://www.epa.gov/sites/default/files/2015-11/documents/defaultExposureParams.pdf. Accessed April 10, 2023. 10 California Office of Environmental Health Hazards Assessment (OEHHA). 2015. Air Toxics Hot Spots Program Risk Assessment Guidelines. Guidance Manual for Preparation of Health Risk Assessments. February. Website: http://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf. Accessed April 10, 2023. 16 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Exposure through inhalation (Dose-air) is a function of the breathing rate, the exposure frequency, and the concentration of a substance in the air. For residential exposure, the breathing rates are determined for specific age groups, so Dose-air is calculated for each of these age groups, 3rd trimester, 0<2, 2<9, 2<16, 16<30 and 16-70 years. To estimate cancer risk, the dose was estimated by applying the following formula to each ground-level concentration: Dose-air = (Cair * {BR/BW} * A * EF * 10-6) Where: Dose-air = dose through inhalation (mg/kg/day) Cair = air concentration (μg/m³) from air dispersion model {BR/BW} = daily breathing rate normalized to body weight (L/kg body weight – day) (361 L\kg BW-day for 3rd Trimester, 1,090 L/kg BW-day for 0<2 years, 861 L/kg BW- day for 2<9 years, 745 L/kg BW-day for 2<16 years, 335 L/kg BW-day for 16<30 years, and 290 L/kg BW-day 30<70 years) A = Inhalation absorption factor (unitless [1]) EF = exposure frequency (unitless), days/365 days (0.96 [approximately 350 days per year]) 10-6 = conversion factor (micrograms to milligrams, liters to cubic meters) OEHHA developed ASFs to take into account the increased sensitivity to carcinogens during early-in-life exposure. In the absence of chemical-specific data, OEHHA recommends a default ASF of 10 for the third trimester to age 2 years, an ASF of 3 for ages 2 through 15 years to account for potential increased sensitivity to carcinogens during childhood and an ASF of 1 for ages 16 through 70 years. Fraction of time at home (FAH) during the day is used to adjust exposure duration and cancer risk from a specific facility’s emissions, based on the assumption that exposure to the facility’s emissions are not occurring away from home. The following FAH values were used in this assessment: ● From the third trimester to age <2 years: 100 percent (the OEHHA-recommended value is 85 percent of time is spent at home; however, 100 percent was assumed in order to present a conservative analysis and to be consistent with SJVAPCD guidance); ● From age 2 through <16 years: 100 percent (the OEHHA-recommended value is 72 percent of time is spent at home; however, 100 percent was assumed in order to present a conservative analysis and to be consistent with SJVAPCD guidance); and ● From age 16 years and greater: 73 percent (the OEHHA-recommended value is 73 percent of time is spent at home and to be consistent with SJVAPCD guidance). To estimate the cancer risk, the dose is multiplied by the cancer potency factor, the ASF, the exposure duration divided by averaging time, and the frequency of time spent at home (for residents only): Riskinh-res = (Doseair * CPH * ASF * ED/AT * FAH) Where: Riskinh-res = residential inhalation cancer risk (potential chances per million) 17 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Doseair = daily dose through inhalation (mg/kg-day) CPF = inhalation cancer potency factor (mg/kg-day-1) ASF = age sensitivity factor for a specified age group (unitless) ED = exposure duration (in years) for a specified age group AT = averaging time of lifetime cancer risk (years) FAH = fraction of time spent at home (unitless) Chronic Non-Cancer Hazard Non-cancer chronic impacts are calculated by dividing the annual average concentration by the Reference Exposure Level (REL) for that substance. The REL is defined as the concentration at which no adverse non-cancer health effects are anticipated. The following equation was used to determine the non- cancer risk: Hazard Quotient = Ci/RELi Where: Ci = Concentration in the air of substance i (annual average concentration in μg/m3) RELi = Chronic noncancer Reference Exposure Level for substance i (μg/m3) The non-cancer chronic hazard index was calculated in HARP2. The primary source of the emissions responsible for chronic risk are from diesel trucks. DPM does not have an acute risk factor; however, HARP2 was run to obtain the following for each modeled receptor: cancer risk, chronic hazard index, and acuate hazard index. Thresholds Air pollutant emissions have regional effects and localized effects. This analysis assesses the regional effects of the project’s criteria pollutant emissions in comparison to SJVAPCD thresholds of significance for short-term construction activities and long-term operation of the project. Localized emissions from project construction and operation are also assessed using concentration-based thresholds that determine if the project would result in a localized exceedance of any ambient air quality standards o r would make a cumulatively considerable contribution to an existing exceedance. The primary pollutants of concern during project construction and operation are ROG, NO X, PM10, and PM2.5. The SJVAPCD GAMAQI adopted in 2015 contains thresholds for ROG and NO X; SOX, CO, PM10, and PM2.5. Ozone is a secondary pollutant that can be formed miles away from the source of emissions through reactions of ROG and NOX emissions in the presence of sunlight. Therefore, ROG and NOX are termed ozone precursors. The San Joaquin Valley Air Basin (SJVAB) often exceeds the state and national ozone standards. Therefore, if the project emits a substantial quantity of ozone precursors, the project may contribute to an exceedance of the ozone standard. The SJVAB also exceeds air quality standards for 18 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum PM10, and PM2.5; therefore, substantial project emissions may contribute to an exceedance for these pollutants. The SJVAPCD adopted significance thresholds for regional construction-related and operational ROG, NOX, PM, CO, and SOX, these thresholds are included in Table 8. Table 8: SJVAPCD Proposed Project-Level Air Quality CEQA Thresholds of Significance Pollutant Significance Threshold Construction Emissions (tons/year) Operational Emission (tons/year) CO 100 100 NOX 10 10 ROG 10 10 SOX 27 27 PM10 15 15 PM2.5 15 15 Source: SJVAPCD. 2015. Guidance for Assessing and Mitigating Air Quality Impacts. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF. Accessed April 10, 2023. Table 9: Health Risk Assessment Thresholds Health Risk Metric Applicable Threshold of Significance Maximum Cancer Risk (Risk per Million) 20 Chronic Non-Cancer Hazard Index 1 Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF. Accessed April 10, 2023. Additional thresholds of significance are discussed, where applicable, in the appropriate impact analysis. Fugitive Dust Construction Fugitive dust would be generated from site grading and other earth-moving activities. Most of this fugitive dust would remain localized and would be deposited near the project site. However, the potential for impacts from fugitive dust exists unless control measures are implemented to reduce the emissions from the project site. Therefore, adherence to Regulation VIII would be required during construction of the proposed project. Regulation VIII would require fugitive dust control measures that are consistent with best management practices (BMPs) established by the SJVAPCD to reduce the proposed project’s construction-generated fugitive dust impacts to a less than significant level. The SJVAPCD (SJVAPCD or District) adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1, 2004. This is a basic summary of the regulation’s requirements as they 19 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum apply to construction sites. These regulations affect all workers at a regulated construction site, including everyone from the landowner to the subcontractors. Violations of Regulation VIII are subject to enforcement action including fines.11 Visible Dust Emissions may not exceed 20 percent opacity during periods when soil is being disturbed by equipment or by wind at any time. Visible Dust Emissions opacity of 20 percent means dust that would obstruct an observer’s view of an object by 20 percent. District inspectors are state certified to evaluate visible emissions. Dust control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing work to limit dust, and setting up wind fences to limit windblown dus t. Soil Stabilization is required at regulated construction sites after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased projects where disturbed land is left unattended. Applying water to form a vis ible crust on the soil and restricting vehicle access are often effective for short-term stabilization of disturbed surface areas. Long-term methods including applying dust suppressants and establishing vegetative cover. Carryout and Trackout occur when materials from emptied or loaded vehicles falls onto a paved surface or shoulder of a public road or when materials adhere to vehicle tires and are deposited onto a paved surface or shoulder of a public road. Should either occur, the material m ust be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto a paved road. The appropriate clean-up methods require the complete removal and cleanup of mud and dirt from the paved surface a nd shoulder. Using a blower device or dry sweeping with any mechanical device other than a PM 10-efficient street sweeper is a violation. Larger construction sites, or sites with a high amount of traffic on one or more days, must prevent carryout and trackout from occurring by installing gravel pads, grizzlies, wheel washers, paved interior roads, or a combination thereof at each exit point from the site. In many cases, cleaning up trackout with water is also prohibited as it may lead to plugged storm drains. Prevention is the best method. Unpaved Access and Haul Roads, as well as unpaved vehicle and equipment traffic areas at construction sites must have dust control. Speed limit signs limiting vehicle speed to 15 mph or less at construction sites must be posted every 500 feet on uncontrolled and unpaved roads. Storage Piles and Bulk Materials have handling, storage, and transportation requirements that include applying water when handling materials, wetting or covering stored materials, and installing wind barriers to limit visible dust emissions. Also, limiting vehicle speeds, loading haul tr ucks with a freeboard of six inches or greater along with applying water to the top of the load, and covering the cargo compartments are effective measures for reducing visible dust emissions and carryout from vehicles trans porting bulk materials. Dust Control Plans identify the dust sources and describe the dust control measures that will be implemented before, during, and after any dust generating activity for the duration of the project. Owners or operators are required to submit plans to the SJVAPCD at least 30 days prior to commencing the work for the following: • Residential developments of ten or more acres of disturbed surface area. • Non-residential developments of five or more acres of disturbed surface area. • The relocation of more than 2,500 cubic yards per day of materials on at least three days. 11 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2007. Compliance Assistance Bulletin. Website: http://www.valleyair.org/busind/comply/pm10/forms/RegVIIICAB.pdf. Accessed April 10, 2023. 20 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Operations may not commence until the SJAVPCD has approved the Dust Control Plan. A copy of the plan must be on site and available to workers and District employees. All work on the site is subject to the requirements of the approved dust control plan. A failure to abide by the plan by anyone on site may be subject to enforcement action. Owners or operators of construction projects that are at least one acre in size and where a Dust Control Plan is not required, must provide written notification to the SJVA PCD at least 48 hours in advance of any earthmoving activity. Record Keeping is required to document compliance with the rules and must be kept for each day any dust control measure is used. The SJVAPCD has developed record forms for water application, street sweeping, and “permanent” controls such as applying long term dust palli atives, vegetation, ground cover materials, paving, or other durable materials. Records must be kept for one year after the end of dust generating activities (Title V sources must keep records for five years). Exemptions exist for several activities. Those occurring above 3,000 feet in elevation are exempt from all Regulation VIII requirements. Further, Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities exempts the following construction and earthmoving activities: • Blasting activities permitted by California Division of Industrial Safety. • Maintenance or remodeling of existing buildings provided the addition is less than 50% of the size of the existing building or less than 10,000 square feet (due to asbestos concerns, contact the SJVAPCD at least two weeks ahead of time). • Additions to single family dwellings. • The disking of weeds and vegetation for fire prevention on sites smaller than ½ acre. • Spreading of daily landfill cover to preserve public health and safety and to comply with California Integrated Waste Management Board requirements. Nuisances are prohibited at all times because District Rule 4102 – Nuisance applies to all construction sources of fugitive dust, whether or not they are exempt from Regulation VIII. It is important to monitor dust-generating activities and implement appropriate dust control measures to limit the public’s exposure to fugitive dust. 21 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Addressing Air Quality CEQA Impact Questions Table 10: Summary of Air Quality Impact Analysis Air Quality Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: Significance Finding a) Conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State ambient air quality standard? Less than Significant Impact c) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact with Mitigation Incorporated d) Result in other emissions (such as those leading to odors or) adversely affecting a substantial number of people? Less than Significant Impact Air Quality Mitigation Measures MM AIR-1 is required to reduce the project’s potential impacts during construction to less than significant (see Impact AIR-C). MM AIR-1 Before a construction permit is issued for the proposed project, the project applicant, project sponsor, or construction contractor shall submit documentation demonstrating reasonably detailed compliance with the following requirements to the City of Fresno: Where portable diesel engines are used during construction, all off-road equipment with engines greater than 75 horsepower shall have engines that meet or exceed either United States Environmental Protection Agency (EPA) or California Air Resources Board (CARB) Tier 4 Interim off-road emission standards or be equipped with Level 3 diesel particulate filters. Tier 4 Interim engines shall, at a minimum, meet EPA or CARB particulate matter emissions standards for Tier 4 Interim engines. Alternatively, use of CARB-certified Level 3 diesel particulate filters on off-road equipment with engines greater than 75 horsepower can be used in lieu of Tier 4 Interim engines or in combination with Tier 4 Interim or better engines. The construction contractor shall maintain records documenting its efforts to comply with this requirement, including equipment lists. Off-road equipment descriptions and information shall include, but are not limited to, equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating), horsepower, and engine serial number. The project applicant and/or construction contractor shall submit the construction operations plan and records of compliance to the City of Fresno. a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. Air Quality Plans (AQPs) are plans for reaching attainment of air quality standards. The assumptions, inputs, and control measures are analyzed to determine if the Air Basin can reach attainment for the ambient air quality standards. The proposed project site is located within the jurisdictional boundaries of the SJVAPCD. To show attainment of the standards, the SJVAPCD analyzes the growth projections in 22 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum the Valley, contributing factors in air pollutant emissions and formations, and existing and adopted emissions controls. The SJVAPCD then formulates a control strategy to reach attainment that includes both State and SJVAPCD regulations and other local programs and measures. For projects that include stationary sources of emissions, the SJVAPCD relies on project compliance with Rule 2201 —New and Modified Stationary Source Review to ensure that growth in stationary source emissions would not interfere with the applicable AQP. Projects exceeding the offset thresholds included in the rule are required to purchase offsets in the form of Emission Reduction Credits (ERCs). The CEQA Guidelines indicate that a significant impact would occur if the project would conflict with or obstruct implementation of the applicable air quality plan. The GAMAQI indicates that projects that do not exceed SJVAPCD regional criteria pollutant emissions quantitative thresholds would not conflict with or obstruct the applicable AQP. An additional criterion regarding the project’s implementation of control measures was assessed to provide further evidence of the project’s consistency with current AQPs. This document proposes the following criteria for determining project consistency with the current AQPs: 1. Will the project result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQPs? This measure is determined by comparison to the regional and localized thresholds identified by the District for Regional and Local Air Pollutants. 2. Will the project comply with applicable control measures in the AQPs? The use of the criteria listed above is a standard approach for CEQA analysis of projects in the SJVAPCD’s jurisdiction, as well as within other air districts, for the following reasons: ● Significant contribution to existing or new exceedances of the air quality standards would be inconsistent with the goal of attaining the air quality standards. ● AQP emissions inventories and attainment modeling are based on growth assumptions for the area within the air district’s jurisdiction. ● AQPs rely on a set of air district-initiated control measures as well as implementation of federal and state measures to reduce emissions within their jurisdictions, with the goal of attaining the air quality standards. Contribution to Air Quality Violations As discussed in Impact AIR‐B below, emissions of ROG, NOX, CO, SOX, PM10, and PM2.5 associated with the proposed project would not exceed the SJVAPCD’s significance thresholds during the construction phase (see Table 11) or emissions of ROG, NOX, CO, SOX, PM2.5 or PM10 during operations (see Table 12). Therefore, the project would not exceed the SJVAPCD’s regional thresholds of significance for any pollutant of concern and would be considered consistent with the existing AQPs. Regarding this criterion, the project would be considered less than significant. Air Quality Plan Control Measures The AQP contains a number of control measures that are enforceable requirements through the adoption of rules and regulations. The following rules and regulations are relevant to the project: 23 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Rule 2010—Permits Required. Rule 2010 requires operators of emission sources to obtain an authority to construct and permit to operate from the Valley Air District. Rule 2201—New and Modified Stationary Source Review Rule. The review of new and modified Stationary Sources of air pollution and to provide mechanisms including emission trade -offs by which Authorities to Construct such sources may be granted, without interfering with the attainment or maintenance of Ambient Air Quality Standards. Rule 4201—Particulate Matter Concentration. This rule shall apply to any source operation that emits or may emit dust, fumes, or total suspended particulate matter. Rule 4309—Boilers, Steam Generators, and Process Heaters. The purpose of this rule is to limit emissions of oxides of nitrogen (NOX) and carbon monoxide (CO) from boilers, steam generators, and process heaters. This rule applies to any gaseous fuel or liquid fuel fired boiler, steam generator, or process heater with a total rated heat input greater than 5 million Btu per hour. Rule 4601—Architectural Coatings. The purpose of this rule is to limit Volatile Organic Compounds (VOC) emissions from architectural coatings. Emissions are reduced by limits on VOC content and providing requirements on coatings storage, cleanup, and labeling. Only compliant components ar e available for purchase in the San Joaquin Valley. Rule 4641—Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations. The purpose of this rule is to limit VOC emissions from asphalt paving and maintenance operations. If asphalt paving will be used, then the paving operations will be subject to Rule 4641. This regulation is enforced on the asphalt provider. Rule 4702—Internal Combustion Engines. The purpose of this rule is to limit the emissions of NO X, carbon monoxide (CO), VOC, and sulfur oxides (SOX) from internal combustion engines. If the project includes emergency generators, the equipment is required to comply with Rule 4702. Regulation VIII—Fugitive PM10 Prohibitions. This regulation is a control measure that is one main strategies from the 2006 PM10 for reducing the PM10 emissions that are part of fugitive dust. Projects over 10 acres are required to file a Dust Control Plan (DCP) containing dust control practices sufficient to comply with Regulation VIII. Rule 8021 regulates construction and demolition activities, road c onstruction, bulk materials storage, paved and unpaved roads, carryout and trackout, etc. All development projects that involve soil disturbance are subject to at least one provision of the Regulation VIII series of rules. Rule 9410–Employer Based Trip Reduction. The purpose of this rule is reduce VMT from private vehicles used by employees to commute to and from their worksites to reduce emissions of NO X, VOC and PM. The rule would require larger employers (those with 100 or more eligible employees) to establish employee trip reduction programs to reduce VMT, reducing emissions associated with work commutes. The rule uses a menu-based Employer Trip Reduction Implementation Plan and periodic reporting requirements to evaluate performance on a phased-in compliance schedule. Rule 9510–Indirect Source Review. This rule reduces the impact of NOX and PM10 emissions from growth within the SJVAB. The rule places application and emission reduction requirements on development projects meeting applicability criteria in order to reduce emissions through on-site mitigation, off-site District-administered projects, or a combination of the two. 24 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Conclusion The project would comply with all applicable CARB and SJVAPCD rules and regulations. Therefore, the project complies with this criterion and would not conflict with or obstruct implementation of the applicable air quality attainment plan with regards to th is criterion. The project’s regional operational emissions would not exceed any applicable SJVAPCD threshold prior to the incorporation of mitigation measures (see Impact AIR-B). Therefore, the project would be considered consistent with the existing AQPs. Based on the findings above, the proposed project would not conflict with or obstruct implementation of the applicable air quality plan. The impact would be less than significant. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State ambient air quality standard? Less Than Significant Impact. To result in a less than significant impact, emissions of nonattainment pollutants must be below the SJVAPCD’s regional significance thresholds. This is an approach recommended by the SJVAPCD’s in its GAMAQI. The SJVAB is in nonattainment for ozone, PM10 (State only), and PM2.5. Ozone is a secondary pollutant that can be formed miles from the source of emissions, through reactions of ROG and NO X emissions in the presence of sunlight. Therefore, ROG and NOX are termed ozone precursors. As such, the primary pollutants of concern during project construction and operation are ROG, NOX, PM10, and PM2.5. The air quality standards were set to protect public health, including the health of sensitive individuals (such as children, the elderly, and the infirm). Therefore, when the concentration of those pollutants exceeds the standard, it is likely that some sensitive individuals in the population would experience adverse experience health effects. However, the health effects are a factor of the dose- response curve. Concentration of the pollutant in the air (dose), the length of time exposed, and the response of the individual are factors involved in the severity and nature of health impacts. If a significant health impact results from project emissions, it does not mean that 100 percent of the population would experience health effects. Since the SJVAB is nonattainment for ozone, PM10, and PM2.5, it is considered to have an existing significant cumulative health impact without the project. When this occurs, the analysis considers whether the project’s contribution to the existing violation of air quality standards is cumulatively considerable. Th e SJVAPCD regional thresholds for NOX, ROG/VOC, PM10, or PM2.5 are applied as cumulative contribution thresholds. Projects that exceed the regional thresholds would have a cumulatively considerable health impact. The SJVAPCD GAMAQI adopted in 2015 contains thresholds for CO, NO X, ROG, SOX, PM10, and PM2.5. Air pollutant emissions have both regional and localized effects. The project’s regional emissions are compared to the applicable SJVAPCD below. Criteria Pollutant Emission Estimates Construction Emissions (Regional) Construction emissions associated with the development envisioned for the proposed project are shown in Table 11 prior to the incorporation of any mitigation. 25 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Table 11: Summary of Construction-Generated Emissions of Criteria Air Pollutants – Unmitigated Emissions Source Emissions (Tons/Year) ROG NOX CO SOX PM10 PM2.5 Project Construction (2023) 0.19 1.62 1.66 < 0.005 0.28 0.15 Project Construction (2024) 0.38 0.79 0.99 < 0.005 0.06 0.04 Total Construction Duration Project Total 0.57 2.41 2.65 < 0.005 0.34 0.19 Significance Thresholds 10 10 100 27 15 15 Exceed Significance Thresholds? No No No No No No Notes: PM10 and PM2.5 emissions are from the mitigated output to reflect compliance with Regulation VIII—Fugitive PM10 Prohibitions. Source of Emissions: CalEEMod Output and Additional Supporting Information (Attachment A). Totals may not appear to sum exactly due to rounding. Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI -2015/FINAL-DRAFT-GAMAQI.PDF. Accessed May 24, 2023. As shown in Table 11 above, construction activities associated with implementation of the proposed rezone project are estimated to fall below the significance thresholds. Therefore, regional and cumulative impacts associated with construction of development contemplated under the proposed rezone project are less than significant on a project basis. Operational Emissions (Regional)—Non-Permitted Operational emissions occur over the lifetime of the project. The SJVAPCD considers permitted and non - permitted emission sources12 separately when making significance determinations. In addition, the annual operational emissions are also considered separately from construction emissions. Non-permitted operational emissions associated with the proposed project include area, energy, off-road equipment, automobiles (passenger vehicles and heavy-duty trucks); these emissions are shown in Table 12. Operational emissions were estimated using a full buildout scenario in the earliest year of operations (2024), which provides a conservative estimate of emissions and resulting potential impacts. Table 12: Summary of Operational Emissions of Criteria Air Pollutants – Unmitigated Source Emissions (tons/year) ROG NOX CO SOX PM10 PM2.5 Area 0.44 < 0.005 0.34 < 0.005 < 0.005 < 0.005 Energy < 0.005 0.06 0.05 < 0.005 < 0.005 < 0.005 Off-road Equipment 0.05 0.51 0.88 < 0.005 0.02 0.02 12 Stationary sources (also known as permitted sources) would require permits from the SJVAPCD prior to their installation or operation. Examples of permitted sources include commercial organic material composting operations, glass melting furnaces, boilers, steam generators, glass coating operations, and fuel burning equipment. 26 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Mobile (Passenger Vehicles) 0.12 0.14 1.19 0.00 0.26 0.07 Mobile (Trucks) 0.06 4.65 0.80 0.04 1.11 0.35 Annual Total (2024) 0.67 5.36 3.26 0.04 1.39 0.44 Significance Thresholds 10 10 100 27 15 15 Exceed Significance Thresholds? No No No No No No Notes: Emissions were quantified using CalEEMod based on project details and earliest operational year for the proposed project. Totals may not sum exactly due to rounding. Source: CalEEMod Output and Additional Supporting Information (Attachment A). As shown in Table 12, operational emissions would not exceed the applicable SJVAPCD thresholds of significance for ROG, NOX, CO, SOX, PM10, or PM2.5. The project’s long-term operational emissions would not exceed any of the SJVAPCD’s project-level regional thresholds of significance. Therefore, the impact from operations of the project would be less than significant with incorporation of mitigation. Operational Emissions (Regional)—Permitted The SJVAPCD GAMAQI recommends assessing the emissions from permitted sources of emissions separate from non-permitted sources. The SJVAPCD’s permitting process ensures that emissions of criteria pollutants from permitted equipment and activities at stationary sources are reduced or mitigated to below the SJVAPCD’s thresholds of significance. SJVAPCD implementation of New Source Review (NSR) ensures that there is no net increase in emissions above specified thresholds from new and modified Stationary Sources subject to the rule for all nonattainment pollutants and their precursors. Permitted sources emitting more than the NSR Offset Thresholds for any criteria pollutant must, in general, offset all emission increases in excess of the thresholds. In the event that stationary sources are proposed in the future (such as boilers or steam generators), the SJVAPCD will prepare an engineering evaluation of all permitted equipment to determine the controls required to achieve best available control technology (BACT) requirements. The permitted emissions are dependent on the control technology selected and any process limits included in the permit conditions. Permitted sources will be required to comply with SJVAPCD BACT requirements. Compliance with regulations would ensure that the project’s stationary sources would not exceed SJVAPCD thresholds of significance; therefore, the project’s estimated permitted emissions would be less than significant. Conclusion As shown in Table 11, the project’s regional emissions would not exceed the applicable regional criteria pollutant emissions quantitative thresholds during project construction. During operations, emissions from the project’s combined unpermitted sources would not exceed the applicable regional criteria pollutant emissions quantitative thresholds (see Table 12). Any permitted sources will be required to comply with SJVAPCD BACT requirements, which would ensure that related emissions would be less than significant. Considering project-generated regional operational emissions (permitted and unpermitted) would be considered less than significant, the impact would be less than significant. c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact with Incorporation of Mitigation. 27 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Emissions occurring at or near the project have the potential to create a localized impact that could expose sensitive receptors to substantial pollutant concentrations. Sensitive receptors are considered land uses or other types of population groups that are more sensitive to air pollution than others due to their exposure. Sensitive population groups include children, the elderly, the acutely and chronically ill, and those with cardio-respiratory diseases. The SJVAPCD considers a sensitive receptor to be a location that houses or attracts children, the elderly, people with illnesses, or others who are especially sensitive to the effects of air pollutants. Examples of sensitive receptors include hospitals, residences, convalescent facilities, and schools. The only sensitive receptors within ¼-mile of the project are residences. There are no schools, hospitals, convalescent facilities or other sensitive receptors in this primarily rural agricultural and industrial area. However, it should be noted that there is an Elementary School just over ¼-mile (0.27 of a mile), to the Southeast of the Project, (Orange Center Elementary). To the north is farmland with eight (8) scattered residences, one church and a few businesses including Valley Iron. Zacky Farms and Julians Window Tinting. To the West are two (2) trucking companies, K&S Services and Herlan Brothers and a small Auto Wrecking Yard. To the South is primarily farmland with seven (7) scattered residences. To the East is Farmland, four (4) residences, and part of Valley Iron’s yard and buildings. Localized Impacts Emissions occurring at or near the project have the potential to create a localized impact also referred to as an air pollutant hotspot. Localized emissions are considered significant if, when combined with background emissions, they would result in exceedance of any health-based air quality standard. In locations that already exceed standards for these pollutants, significance is based on a significant impact level (SIL) that represents the amount that is considered a cumulatively considerable contribution to an existing violation of an air quality standard. The pollutants of concern for localized impact in the SJVAB are NO2, SOX, and CO. The SJVAPCD has provided guidance for screening localized impacts in the GAMAQI that establishes a screening threshold of 100 pounds per day of any criteria pollutant. If a project exceeds 100 pounds per day of any criteria pollutant, then ambient air qual ity modeling would be necessary. If the project does not exceed 100 pounds per day of any criteria pollutant, then it can be assumed that it would not cause a violation of an ambient air quality standard. Construction: Localized Concentrations of PM10, PM2.5, CO, SOX, and NOX Local construction impacts would be short-term in nature lasting only during the duration of construction. As shown in Table 13 below, on-site construction emissions would be less than 100 pounds per day for each of the criteria pollutants. To present a conservative estimate, on-site emissions for on-road construction vehicles were included in the localized analysis. Based on the SJVAPCD’s guidance, the construction emissions would not cause an ambient air quality standard violation. 28 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Table 13: Localized Concentrations of PM10, PM2.5, CO, and NOX for Construction – Unmitigated Emission Source On-site Emissions (pounds per day) ROG NOX CO SOX PM10 PM2.5 On-site Daily Construction (Highest in 2023) 4.15 40.42 38.69 0.07 10.16 5.67 On-site Daily Construction (Highest in 2024) 29.11 11.44 13.75 0.02 0.52 0.46 Total Construction Duration Highest Daily Maximum 29.11 40.42 38.69 0.07 10.16 5.67 Significance Thresholds — 100 100 100 100 100 Exceed Significance Thresholds? — No No No No No Note: Overlap of construction activities is based on the construction schedule shown in Table 2 and Attachment A. Source of Emissions: CalEEMod Output and Additional Supporting Information (Attachment A). Maximum daily emissions represent the maximum daily emissions between the Summer and Winter scenarios. Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF. Accessed May 24, 2023. Operation: Localized Concentrations of PM10, PM2.5, CO, SOX, and NOX Localized impacts could occur in areas with a single large source of emissions such as a power plant or with multiple sources concentrated in a small area such as a distribution center. The maximum daily operational emissions would occur at project buildout, which was assumed to occur in 2024 (the earliest year of operations). Operational emissions include those generated on-site by area sources (which can include consumer products, and landscape maintenance), energy use (which can include natural gas combustion for features such as space heating or water heating), and motor vehicles operation at the project site.13 Motor vehicle emissions are estimated for on-site operations using trip lengths for on-site travel and ¼-mile of off-site emissions. As shown in Table 14 below, operational modeling of on-site emissions for the project indicate that the project would not exceed 100 pounds per day for each of the criteria pollutants. Therefore, based on the SJVAPCD’s guidance, the operational emissions would not cause an ambient air quality standard violation. As such, impacts would be less than significant. 13 More details regarding the operational sources are provided in the methodology section of this technical memorandum (see “Operational Modeling Assumptions”, starting on Page 10. 29 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Table 14: Localized Concentrations of PM10, PM2.5, CO, and NOX for Operations Source On-site Emissions (pounds per day) ROG NOX CO SOX PM10 PM2.5 Area 2.71 0.03 3.81 < 0.01 0.01 0.01 Energy 0.02 0.30 0.25 < 0.01 0.02 0.02 Off-Road Equipment 0.36 3.90 6.74 0.01 0.15 0.13 Mobile (Passenger Vehicles) 0.65 0.25 1.51 < 0.01 0.07 0.02 Mobile (Trucks) 0.10 2.30 1.46 < 0.01 0.06 0.02 Total 3.84 6.78 13.77 0.01 0.31 0.20 Significance Thresholds — 100 100 100 100 100 Exceed Significance Thresholds? — No No No No No Source of Emissions: CalEEMod Output and Additional Supporting Information (Attachment A). Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF. Accessed May 24, 2023. Toxic Air Contaminants Construction Project construction would involve the use of diesel-fueled vehicles and equipment that emit DPM, which is considered a TAC. The SJVAPCD’s current threshold of significance for TAC emissions is an increase in cancer risk for the maximally exposed individua l of 20 in a million (formerly 10 in a million). The SJVAPCD’s 2015 GAMAQI does not currently recommend analysis of TAC emissions from project construction activities, but instead focuses on projects with operational emissions that would expose sensitive receptors over a typical lifetime of 70 years. In addition, the most intense construction activities of the project’s construction would occur during site preparation and grading phases over a short period. There are no conditions unique to the project site that would require more intense construction activity compared to typical development. Examples of situations that would warrant closer scrutiny may include sites that would require extensive excavation and hauling due to existing site conditions. Build ing construction typically requires limited amounts of diesel equipment relative to site clearing activities. Nonetheless, a construction HRA was prepared as part of this analysis. In addition, the analysis includes an evaluation of potential health impacts from construction and operations of the project considered together, over a 70-year exposure scenario. The results of the HRA prepared for project construction for cancer risk and long-term chronic cancer risk are summarized below. Construction emissions were estimated assuming adherence to all applicable rules, regulations, and project design features. The construction emissions were assumed to be distributed over the project area with a working schedule of eight hours per day and five days per week. Emissions were adjusted by a factor of 4.2 to convert for use with a 24-hour-per-day, 365 day-per-year averaging period. Health risk calculations were completed using HARP2. Detailed parameters and complete calculations are included in Attachment B. 30 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum The estimated health and hazard impacts at the Maximally Exposed Receptor (MER) from the project’s construction emissions are provided in Table 15. Table 15: Summary of the Health Impacts from Unmitigated Construction of the Project Exposure Scenario Maximum Cancer Risk (Risk per Million) Chronic Non-Cancer Hazard Index Acute Non-Cancer Hazard Index Risks and Hazards at the Construction MER Risks and Hazards at the MER (Construction Only) 9.90 0.0076 0.0000 Risks and Hazards at the MER (Construction Plus Operations) 20.49 0.0103 0.0000 Significance Threshold 20 1 1 Threshold Exceeded in Any Scenario? Yes No No Notes: MER = Maximally Exposed Receptor DPM = Diesel Particulate Matter Central Transport Regional Facility Project Construction MER: Receptor #26 (UTM 251417.25, 4063705.56) Source: Attachment B. As shown in Table 15, estimated health risks from elevated DPM concentrations during construction of the proposed project would not exceed the applicable health risk significance thresholds when construction is considered alone; however, construction and operational emissions combined would exceed the applicable cancer risk threshold. This represents a potentially significant construction TAC exposure impact. Therefore, mitigation is required to reduce the impact during the construction period to below a level of significance. MM AIR-1 requires the project applicant, project sponsor, or construction contractor to provide documentation to the City of Tulare that all off-road diesel-powered construction equipment greater than 75 horsepower meet EPA or CARB Tier 4 off-road emissions standards or utilize Level 3 filters. Table 16 shows the health risks and non-cancer hazard index for construction with implementation of MM AIR-1. 31 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Table 16: Summary of the Health Impacts from Mitigated Construction of the Project Exposure Scenario Maximum Cancer Risk (Risk per Million) Chronic Non-Cancer Hazard Index Acute Non-Cancer Hazard Index Risks and Hazards at the Construction MER—Tier 4 Equipment Scenario Risks and Hazards at the MER (Construction Only) 1.64 0.0013 0.0000 Risks and Hazards at the MER (Construction Plus Operations) 12.23 0.0040 0.0000 Risks and Hazards at the Construction MER—Level 3 Filters Scenario Risks and Hazards at the MER (Construction Only) 2.19 0.0017 0.0000 Risks and Hazards at the MER (Construction Plus Operations) 12.78 0.0044 0.0000 Highest Risks and Hazards at the Construction MER after Incorporation of MM AIR-1 Risks and Hazards at the MER 12.78 0.0044 0.0000 Significance Threshold 20 1 1 Threshold Exceeded in Any Scenario? No No No MER = Maximally Exposed Receptor Central Transport Regional Facility Project Construction MER: Receptor #26 (UTM 251417.25, 4063705.56) Source: Attachment B. As noted in Table 16, calculated health metrics from the proposed project’s construction DPM emissions would not exceed the cancer risk significance threshold or non-cancer hazard index significance threshold at the MER with incorporation of MM AIR-1. Therefore, the proposed project would not result in a significant impact on nearby sensitive receptors from TACs during construction. Operations For reasons previously discussed (see Modeling Parameters and Assumptions), an analysis of TACs (including DPM) was performed using the EPA-approved AERMOD model, which is an air dispersion model accepted by the SJVAPCD for preparing HRAs. AERMOD version 22112 was used for this analysis. Consistent with SJVAPCD guidance, the health risk computation was performed to determine the risk of developing an excess cancer risk calculated on a 70-year exposure scenario. Results of the HRA are summarized in Table 17. The complete HRA prepared for the proposed project, including calculations, AERMOD output data, and HARP2 files, are included in Attachment B. 32 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Table 17: Summary of the Health Impacts from Operations of the Proposed Project (70- year Scenario) Exposure Scenario Maximum Cancer Risk (Risk per Million) Chronic Non-Cancer Hazard Index Acute Non-Cancer Hazard Index 70-Year Exposure at the MER (from DPM Emissions) 15.04 0.0029 0.0000 Combined 70-Year Exposure Scenario for Mitigated Construction + Operations at the Construction MER 12.78 0.0044 0.0000 Combined 70-Year Exposure Scenario for Mitigated Construction + Operations at the Operational MER 13.30 0.0044 0.0000 Applicable Threshold of Significance 20 1 1 Threshold Exceeded in Any Scenario? No No No Notes: MER = Maximally Exposed Receptor DPM = Diesel Particulate Matter Operational MER: Receptor #88 (see Attachment B) Construction MER: Receptor #26 (see Attachment B) Source: Attachment B. As shown in Table 17, the project would not exceed the cancer risk, chronic risk, or acute risk threshold levels in any scenario analysis after the incorporation of MM AIR-1. The primary source of the emissions responsible for chronic risk are from diesel trucks during operations and off-road diesel equipment during construction. DPM does not have an acute risk factor, resulting in an acute non-cancer hazard index of zero (0) for all receptors. Since the project does not exceed the applicable SJVAPCD thresholds for cancer risk, acute risk, or chronic risk, the impact related to the project’s potential to expose sensitive receptors to substantial pollutant concentrations would be less than significant. Valley Fever Valley fever, or coccidioidomycosis, is an infection caused by inhalation of the spores of the fungus, Coccidioides immitis (C. immitis). The spores live in soil and can live for an extended time in harsh environmental conditions. Activities or conditions that increase the amount of fugitive dust contribute to greater exposure, and they include dust storms, grading, and recreational off -road activities. The San Joaquin Valley is considered an endemic area for Valley fever. The San Joaquin Valley is considered an endemic area for Valley fever. During 2000–2018, a total of 65,438 coccidioidomycosis cases were reported in California; median statewide annual incidence was 7.9 per 100,000 population and varied by region from 1.1 in Northern and Eastern California to 90.6 in the Southern San Joaquin Valley, with the largest increase (15‐fold) occurring in the Northern San Joaquin Valley. Incidence has been consistently high in six counties in the Southern San Joaquin Valley (Fresno, Kern, Kings, Madera, Tulare, and Merced counties) and Central Coast (San Luis Obispo County) regions.14 California 14 Centers for Disease Control and Prevention (CDC). 2020. Regional Analysis of Coccidioidomycosis Incidence—California, 2000–2018. Website: https://www.cdc.gov/mmwr/volumes/69/wr/mm6948a4.htm?s_cid=mm6948a4_e. Accessed A pril 10, 2023. 33 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum experienced 7,962 new probable or confirmed cases of Valley fever in 2021. A total of 408 suspect, probable, and confirmed Valley fever cases were reported in Fresno County in 2021.15 The distribution of C. immitis within endemic areas is not uniform and growth sites are commonly small (a few tens of meters) and widely scattered. Known sites appear to have some ecological factors in common suggesting that certain physical, chemical, and biological conditions are mor e favorable for C. immitis growth. Avoidance, when possible, of sites favorable for the occurrence of C. immitis is a prudent risk management strategy. Listed below are ecologic factors and sites favorable for the occurrence of C. immitis: 1) Rodent burrows (often a favorable site for C. immitis, perhaps because temperatures are more moderate and humidity higher than on the ground surface) 2) Old (prehistoric) Indian campsites near fire pits 3) Areas with sparse vegetation and alkaline soils 4) Areas with high salinity soils 5) Areas adjacent to arroyos (where residual moisture may be available) 6) Packrat middens 7) Upper 30 centimeters of the soil horizon, especially in virgin undisturbed soils 8) Sandy, well-aerated soil with relatively high water-holding capacities Sites within endemic areas less favorable for the occurrence of C. immitis include: 1) Cultivated fields 2) Heavily vegetated areas (e.g., grassy lawns) 3) Higher elevations (above 7,000 feet) 4) Areas where commercial fertilizers (e.g., ammonium sulfate) have been applied 5) Areas that are continually wet 6) Paved (asphalt or concrete) or oiled areas 7) Soils containing abundant microorganisms 8) Heavily urbanized areas where there is little undisturbed virgin soil.16 The project is situated on a site previously disturbed that does not provide a suitable habitat for spores. Specifically, the project site is primarily covered with vegetation in the form of grass and shrubbery. Therefore, implementation of the proposed project would have a low probability of the site having C. immitis growth sites and exposure to the spores from disturbed soil. 15 California Department of Public Health (CDPH). 2021. Coccidioidomycosis in California Provisional Monthly Report January 2021. Website: https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/CocciinCA ProvisionalMonthlyReport.pdf. Accessed April 10, 2023. 16 United States Geological Survey (USGS). 2000. Operational Guidelines (Version 1.0) for Geological Fieldwork in Areas Endemic for Coccidioidomycosis (Valley Fever), 2000, Open-File Report 2000-348. Website: https://pubs.usgs.gov/of/2000/0348/pdf/of00-348.pdf. Accessed April 24, 2023. 34 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Although conditions are not favorable, construction activities could generate fugitive dust that contain C. immitis spores. The project will minimize the generation of fugitive dust during construction activities by complying with SJVAPCD’s Regulation VIII. Therefore, this regulation, combined with the relatively low probability of the presence of C. immitis spores would reduce Valley fever impacts to less than significant. During operations, dust emissions are anticipated to be relatively small, because most of the project area where operational activities would occur would be occupied by the proposed cross-dock and related buildings and pavement. This condition would lessen the possibility of the project site from providing habitat suitable for C. immitis spores and for generating fugitive dust that may contribute to Valley fever exposure. Impacts would be less than significant. Naturally Occurring Asbestos Review of the map of areas where naturally occurring asbestos in California are likely to occur found no such areas in the immediate project area. Therefore, development of the project is not anticipated to expose receptors to naturally occurring asbestos.17 Impacts would be less than significant. Impact Analysis Summary In summary, the project would not exceed SJVAPCD localized emission daily screening levels for any criteria pollutant. The project is not a significant source of TAC emissions during construction or operation after incorporation of MM AIR-1. The project is not in an area with suitable habitat for Valley fever spores and is not in an area known to have naturally occurring asbestos. Therefore, the project would not result in significant impacts to sensitive receptors after incorporation of mitigation. d) Result in other emissions (such as those leading to odors or) adversely affecting a substantial number of people? Less Than Significant Impact. Two situations are recognized to create potential for odor impact. The first occurs when a new odor source is located near an existing sensitive receptor. The second occurs when a new sensitive receptor locates near an existing source of odor. The proposed project is of the first type only since it involves a potential new odor source and would not be considered a sensitive receptor land use. Odor impacts on residential areas and other sensitive receptors, such as hospitals, day -care centers, schools, etc. warrant the closest scrutiny, but consideration should also be given to other land uses where people may congregate, such as recreational facilities, worksites, and commercial areas. Although the project is less than one mile from the nearest sensitive receptor, the project is not expected to be a significant source of odors. The screening levels for these land use types are shown in Table 18. 17 U.S. Geological Survey. 2011. Van Gosen, B.S., and Clinkenbeard, J.P. California Geological Survey Map Sheet 59. Reported Historic Asbestos Mines, Historic Asbestos Prospects, and Other Natural Occurrences of Asbestos in California. Open-File Report 2011-1188 Website: https://pubs.usgs.gov/of/2011/1188/. Accessed April 24, 2023. 35 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Table 18: Screening Levels for Potential Odor Sources Odor Generator Screening Distance Wastewater Treatment Facilities 2 miles Sanitary Landfill 1 mile Transfer Station 1 mile Composting Facility 1 mile Petroleum Refinery 2 miles Asphalt Batch Plant 1 mile Chemical Manufacturing 1 mile Fiberglass Manufacturing 1 mile Painting/Coating Operations (e.g., auto body shop) 1 mile Food Processing Facility 1 mile Feed Lot/Dairy 1 mile Rendering Plant 1 mile Wastewater Treatment Facilities 2 miles Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigatin g Air Quality Impacts. February 19. Website: https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF. Accessed May 24, 2023. Construction During construction, various diesel-powered vehicles and equipment in use on-site would create localized odors. These odors would be temporary and intermittent, which would decrease the likelihood of the odors concentrating in a single area or lingering for any notable period of time. As such, these odors would likely not be noticeable for extended periods of time beyond the project’s site boundaries. The potential for odor impacts from construction of the proposed project would, therefore, be less than significant. Operations The development of the proposed project would not substantially increase objectionable odors in the area and would not introduce any new sensitive receptors to the area that could be affected by any existing objectionable odor sources in the area. Land uses that are typically identified as sources of objectionable odors include landfills, transfer stations, sewage treatment plants, wastewater pump stations, composting facilities, asphalt batch plants, rendering plants, and other land uses outlined in Table 18. The proposed project would not engage in any of these activities. Minor sources of odors that would be associated with uses typical of warehouse and distribution facilities, such as exhaust from mobile sources (including diesel-fueled heavy trucks), are known to have temporary and less concentrated odors. Considering the low intensity of potential odor emissions, the proposed project’s operational activities would not expose receptors to objectionable odor emissions. Therefore, the proposed project would not be considered to be a generator of objectionable odors during operations. As such, impacts would be less than significant. 36 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Greenhouse Gas Emissions Estimation Summary and Greenhouse Gas Impact Analysis Thresholds of Significance Section 15064.4(b) of the CEQA Guidelines’ 2018 amendments for GHG emissions states that a lead agency may take into account the following three considerations in assessing the significance of impacts from GHG emissions. • Consideration #1: The extent to which the project may increase or reduce greenhouse gas emissions as compared to the existing environmental setting. • Consideration #2: Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project. • Consideration #3: The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions. Such regulations or requirements must be adopted by the relev ant public agency through a public review process and must include specific requirements that reduce or mitigate the project’s incremental contribution of greenhouse gas emissions. If there is substantial evidence that the possible effects of a particular project are still cumulatively considerable notwithstanding compliance with the adopted regulations or requirements, an EIR must be prepared for the project. In determining the significance of impacts, the lead agency may consider a project’s consistency with the State’s long-term climate goals or strategies, provided that substantial evidence supports the agency’s analysis of how those goals or strategies address the project’s incremental contribution to climate change and its conclusion that the project’s incremental contribution is not cumulatively considerable. The SJVAPCD’s Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA provides guidance for preparing a BAU analysis.18 Under the SJVAPCD guidance, projects meeting one of the following would have a less than significant impact on climate change: • Exempt from CEQA; • Complies with an approved GHG emission reduction plan or GHG mitigation program; • Project achieves 29 percent GHG reductions by using approved Best Performance Standards; and • Project achieves AB 32 targeted 29 percent GHG reductions compared with “business as usual.” The SJVAPCD has not yet adopted BPS for development projects. For development projects, BPS means, “Any combination of identified GHG emission reduction measures, including project design elements and land use decisions that reduce project-specific GHG emission reductions by at least 29 percent compared with business as usual.” The 29 percent GHG reduction level is based on the target established by CARB’s AB 32 Scoping Plan, approved in 2008. The GHG reduction level for the State to reach 1990 emission levels by 2020 was reduced to 21.7 percent from BAU in 2020 in the 2014 First Update to the Scoping Plan to account for slower than projected growth after the 2008 recession.19 First occupancy at the project site is expected to 18 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2009. “Final Staff Report, Addressing Greenhouse Gas Emissions Impacts under the California Environmental Quality Act.” Website: http://www.valleyair.org/programs/CCAP/11-05- 09/1_CCAP_FINAL_CEQA_GHG_Draft_Staff_Report_Nov_05_2009.pdf. December 2009. Accessed May 15, 2023. 19 California Air Resources Board (CARB). 2014. First Update to the Climate Change Scoping Plan. Website: http://www.arb.ca.gov/cc/scopingplan/document/updatedscopingplan2013.htm. Accessed May 15, 2023. 37 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum occur in 2024, which is after the AB 32 target year. The SJVAPCD has not updated its guidance to address SB 32 2030 targets or AB 1279 2045 targets. Therefore, whether the project’s GHG emissions would result in a significant impact on the environment is determined by assessing consistency with relevant GHG reduction plans. Quantification of Greenhouse Gas Emissions for Informational Purposes Construction GHG emissions generated during all construction activities were combined and are shown in Table 19. Table 19: Summary of Construction-Generated Greenhouse Gas Emissions Emissions Source MT CO2e per Year Project Construction (2023) 279 Project Construction (2024) 188 Project Construction Total 467 Amortized over 30 Years 16 Notes: MT CO2e = metric tons of carbon dioxide equivalent Source: CalEEMod Output (Attachment A). Operations Operational or long-term emissions occur over the life of the project. Sources of emissions may include motor vehicles and trucks, energy usage, water usage, waste generation, and area sources, such as landscaping activities. Operational GHG emissions associated with the proposed project were estimated using CalEEMod 2022.1. Please see the “Assumptions” sections of this technical memorandum for details regarding assumptions and methodology used to estimate emissions. Operational GHG emissions in the buildout year are shown in Table 20. Complete CalEEMod output files and additional supporting information are also included in Attachment A. Table 20: Unmitigated Project Operational GHG Emissions (Buildout Year Scenario) Emission Source Buildout Year Total Emissions (MT CO2e per year) Area 1.29 Energy 204 Off-road Equipment 123 Mobile (Passenger Vehicles) 274 Mobile (Trucks) 3,840 Refrigerants 412 Water 31.8 Waste 36.5 Total (MT CO2e per year) 4,923 Source of Buildout Year Emissions: CalEEMod Output (Attachment A). 38 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Addressing Greenhouse Gas CEQA Impact Questions Table 21: Summary of Greenhouse Gas Impact Analysis Greenhouse Gas Emissions Would the project: Significance Finding a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less than Significant Impact b) Conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less than Significant Impact Greenhouse Gas Mitigation Measures No mitigation is required. a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. The following analysis assesses the project’s compliance with Consideration #3 regarding consistency with adopted plans to reduce GHG emissions. As detailed above under the “Thresholds of Significance” discussion, Consideration #3 is the extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions. The project is in unincorporated Fresno County; however, a Pre-Zone/Rezone Application and Annexation Application are being submitted concurrently to the City of Fresno with the Development Application. The City of Fresno does not have a GHG reduction plan that can be relied upon for making significance determinations. The County of Fresno has not adopted a GHG reduction plan. In addition, Fresno County has not completed the GHG inventory, benchmarking, or goal‐setting process required to identify a reduction target and take advantage of the streamlining provisions contained in the CEQA Guidelines amendments adopted for SB 97 and clarifications provided in the CEQA Guidelines amendments adopted on December 28, 2018. The SJVAPCD has adopted a Climate Action Plan, but it does not contain measures that are applicable to the project. Therefore, the SJVAPCD Climate Action Plan cannot be applied to the project. Since no other local or regional Climate Action Plan is in place, the project is assessed for its consistency with CARB’s adopted Scoping Plans. Consistency with CARB’s Adopted Scoping Plans The State’s regulatory program implementing the 2008 Scoping Plan is now fully mature. All regulations envisioned in the Scoping Plan have been adopted, and the effectiveness of those regulations has been estimated by the agencies during the adoption process and then tracked to verify their effectiveness after implementation. The combined effect of this successful effort is that the State now projects that it will meet the 2020 target and achieve continued progress toward meeting post-2020 targets. Governor Brown, in the introduction to Executive Order B-30-15, stated “California is on track to meet or exceed the current target of reducing greenhouse gas emissions to 1990 levels by 2020, as established in the California Global Warming Solutions Act of 2006 (AB 32).” Consistency with SB 32 and the 2017 Scoping Plan 39 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum The 2017 Climate Change Scoping Plan Update (2017 Scoping Plan) includes the strategy that the State intends to pursue to achieve the 2030 targets of Executive Order S‐3‐05 and SB 32. Table 22 provides an analysis of the project’s consistency with the 2017 Scoping Plan Update measures. Table 22: Consistency with SB 32 2017 Scoping Plan Update Scoping Plan Measure Project Consistency SB 350 50% Renewable Mandate. Utilities subject to the legislation will be required to increase their renewable energy mix from 33% in 2020 to 50% in 2030 (now 60% under SB 100). Consistent: The project will purchase electricity from a utility subject to the SB 350 Renewable Mandate. The specific provider for this project is Pacific Gas and Electric Company (PG&E). In February 2018, PG&E announced that it had reached California's 2020 renewable energy goal 3 years ahead of schedule and delivers nearly 80 percent of its electricity from GHG- free resources.1 SB 350 Double Building Energy Efficiency by 2030. This is equivalent to a 20 percent reduction from 2014 building energy usage compared to current projected 2030 levels. Not Applicable. This measure applies to existing buildings. New structures are required to comply with Title 24 Energy Efficiency Standards that are expected to increase in stringency over time. New buildings constructed as part of the proposed project would comply with the applicable Title 24 Energy Efficiency Standards in effect at the time building permits are received. The current Title 24 regulations are the 2022 Title 24 standards, which become effective January 1, 2023. Low Carbon Fuel Standard. This measure requires fuel providers to meet an 18 percent reduction in carbon content by 2030. Consistent. This is a Statewide measure that cannot be implemented by a project applicant or lead agency. However, vehicles accessing the project site would be subject to the standards. Vehicles accessing the project site will use fuel containing lower carbon content as the fuel standard is implemented. Mobile Source Strategy (Cleaner Technology and Fuels Scenario). Vehicle manufacturers will be required to meet existing regulations mandated by the LEV III and Heavy‐Duty Vehicle programs. The strategy includes a goal of having 4.2 million ZEVs on the road by 2030 and increasing numbers of ZEV trucks and buses. Consistent. Future employees and visitors can be expected to purchase increasing numbers of more fuel- efficient and zero emission cars and trucks each year as these vehicles become more widely available, in part, due to the vehicle manufacturers meeting regulations such as LEV III and Heavy-Duty Vehicle programs. IsSustainable Freight Action Plan. The plan’s target is to improve freight system efficiency 25 percent by increasing the value of goods and services produced from the freight sector, relative to the amount of carbon that it produces by 2030. This would be achieved by deploying over 100,000 freight vehicles and equipment capable of zero emission operation and maximize near‐zero emission freight vehicles and equipment powered by renewable energy by 2030. Consistent. The measure applies to owners and operators of trucks and freight operations. The proposed project is industrial in nature and would support truck and freight operations. The project operator(s) and truck owners that would service future operations can participate in incentives programs on electric vehicles and charging equipment for trucks once a final project has been identified. Deliveries and freight operations are expected to be made by increasing number of ZEV trucks as a result of more stringent regulations, incentive programs, infrastructure developments, and increased access/availability of relevant technology. Short‐Lived Climate Pollutant (SLCP) Reduction Strategy. The strategy requires the reduction of SLCPs by 40 percent from 2013 levels by 2030 and the reduction of black carbon by 50 percent from 2013 levels by 2030. Consistent. The project does not include sources that produce significant quantities of methane or black carbon. However, diesel trucks accessing the site will achieve significant reductions in PM2.5 with adopted regulations that will reduce this source of black carbon. 40 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Scoping Plan Measure Project Consistency SB 375 Sustainable Communities Strategies. Requires Regional Transportation Plans to include a sustainable communities strategy for reduction of per capita vehicle miles traveled. Consistent. The project is not within an SCS priority area and so is not subject to requirements applicable to those areas. Post‐2020 Cap‐and‐Trade Program. The Post 2020 Cap‐and‐Trade Program continues the existing program for another 10 years. The Cap‐ and‐Trade Program applies to large industrial sources such as power plants, refineries, and cement manufacturers. Consistent. The post‐2020 Cap‐and‐Trade Program indirectly affects people who use the products and services produced by the regulated industrial sources when increased cost of products or services (such as electricity and fuel) are transferred to the consumers. The Cap‐and‐Trade Program covers the GHG emissions associated with electricity consumed in California, whether generated in‐state or imported. Accordingly, GHG emissions associated with CEQA projects’ electricity usage are indirectly covered by the Cap-and‐Trade Program. The Cap‐and‐Trade Program also covers fuel suppliers (natural gas and propane fuel providers and transportation fuel providers) to address emissions from such fuels and from combustion of other fossil fuels not directly covered at large sources in the program’s first compliance period. Natural and Working Lands Action Plan. CARB is working in coordination with several other agencies at the federal, state, and local levels, stakeholders, and with the public, to develop measures as outlined in the Scoping Plan Update and the governor’s Executive Order B‐30‐15 to reduce GHG emissions and to cultivate net carbon sequestration potential for California’s natural and working land. Not Applicable. The project site is approximately 15.22 acres in size and will change the land use from Agricultural to Heavy Industrial. The 15.22-acre project site is located in an industrial area, just off the east side of Highway 41 and south of Highway 99 in Fresno County and would not be considered a significant source of carbon sequestration. Once operational, the project would not be considered working lands. Source: California Air Resources Board (CARB). 2017. The 2017 Climate Change Scoping Plan Update. January 20. Website: https://www.arb.ca.gov/cc/scopingplan/2030sp_pp_final.pdf. Accessed April 24, 2023. 1 Pacific Gas and Electric (PG&E). 2018. PG&E Clean Energy Deliveries Already Meet Future Goals. Website: www.pge.com/en/about/newsroom/newsdetails/index.page?title=20180220_pge_clean_energy_deliveries_alread y_meet_future_goals. Accessed April 24, 2023. As described in Table 22, the proposed project would be consistent with applicable 2017 Scoping Plan Update measures and would not obstruct the implementation of others that are not applicable. The State’s regulatory program is able to target both new and existing development because the two most important strategies, motor vehicle fuel efficiency and emissions from electricity generation, obtain reductions equally from existing sources and new sources. This is because all vehicle operators use cleaner low carbon fuels and buy vehicles subject to the fuel efficiency regulations and all building owners or operators purchase cleaner energy from the grid that is produced by increasing percentages of renewable fuels. This includes regulations on mobile sources such as the Pavley standards that apply to all vehicles purchased in California, the LCFS (Low Carbon Fuel Standard) that applies to all fuel sold in California, and the Renewable Portfolio Standard and Renewable Energy Standard under SB 100 that apply to utilities providing electricity to all California end users. Moreover, the Scoping Plan strategy will achieve more than average reductions from energy and mobile source sectors that are the primary sources related to development projects and lower than average reductions from other sources such as agriculture. The proposed project’s operational GHG emissions would principally be generated from electricity consumption and vehicle use (including heavy trucks), which are directly under the purview of the Scoping Plan strategy and have experienced reductions above the State average reduction. Considering the information summarized above, the proposed project would be 41 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum consistent with the State’s 2017 Scoping Plan Update and would not conflict with the State’s ability to achieve the SB 32 GHG reduction goal.20 CARB’s 2017 Scoping Plan Update “lays the foundation for establishing a broad framework for continued emission reductions beyond 2020, on the path to 80 percent below 1990 levels by 2050,” and many of the emission reduction strategies recommended by CARB would serve to reduce the proposed project’s post- 2020 emissions level to the extent applicable by law: • Energy Sector: Continued improvements in California’s appliance and building energy efficiency programs and initiatives, such as the State’s zero net energy building goals, would serve to reduce the proposed project’s emissions level. Additionally, further additions to California’s renewable resource portfolio would favorably influence the project’s emissions level. • Transportation Sector: Anticipated deployment of improved vehicle efficiency, zero emission technologies, lower carbon fuels, and improvement of existing transportation systems all will serve to reduce the project’s emissions level. • Water Sector: The project’s emissions level will be reduced as a result of further desired enhancements to water conservation technologies. • Waste Management Sector: Plans to further improve recycling, reuse and reduction of solid waste will beneficially reduce the project’s emissions level. For the reasons described above, the project’s post-2020 emissions trajectory is expected to follow a declining trend, consistent with the 2030 and 2050 targets. The trajectory required to achieve the post - 2020 targets is shown in Figure 1. Figure 1: California’s Path to Achieving the 2050 Target Source: CARB 2017 Scoping Plan Update 20 The SB 32 GHG reduction goal is a statewide goal of 40 percent reduction below 1990 levels. 42 500 450 • 2020 Target A 2030 Target o250 200 ( 150 100 J_______________________________ Q2050 Target * 50 0 T T T T 1 2000 2010 2020 2030 2040 2050 Executive Order S-3-05 Constant Progress'1 41 o' 400 2 3502 2 300□ U E L OX (D□ E< Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Consistency Regarding GHG Reduction Goals for 2050 under Executive Order S‐3‐05 and GHG Reduction Goals for 2045 under the 2022 Scoping Plan Regarding goals for 2050 under Executive Order S‐3‐05, at this time it is not possible to quantify the emissions savings from future regulatory measures, as they have not yet been developed; nevertheless, it can be anticipated that operation of the proposed project would comply with whatever measures are enacted that State lawmakers decide would lead to an 80 percent reduction below 1990 levels by 2050. Specifically, the measures will be implemented through regulations as the regulatory initiatives identified by CARB in the 2022 Scoping Plan are implemented; see key actions to support the success of the 2022 Scoping Plan below. In its 2008 Scoping Plan, CARB acknowledged that the “measures needed to meet the 2050 are too far in the future to define in detail.” In the First Scoping Plan Update; however, CARB generally described the type of activities required to achieve the 2050 target: “energy demand reduction through efficiency and activity changes; large scale electrification of on ‐road vehicles, buildings, and industrial machinery; decarbonizing electricity and fuel supplies; and rapid market penetration of efficiency and clean energy technologies that requires significant efforts to deploy and scale markets for the cleanest technologies immediately.” The 2017 Scoping Plan provides an intermediate target that is intended to achieve reasonable progress toward the 2050 target. In addition, the 2022 Scoping Plan outlines objectives, regulations, planning efforts, and investments in clean technologies and infrastructure that outlines how the State can achieve carbon-neutrality by 2045. CARB’s 2022 Scoping Plan for Achieving Carbon Neutrality was approved in December 2022 and expands on prior Scoping Plans and legislations-such as AB 1279-by outlining a technologically feasible, cost-effective, and equity-focused path to achieve the State’s climate target of reducing anthropogenic GHG emissions to 85 percent below 1990 levels and achieving carbon neutrality by 2045 or earlier.21 The 2022 Scoping Plan has a two-prong approach to decarbonization: (1) managing existing energy sources and technology and (2) developing and deploying alternative clean energy sources and technology over time.22 Key actions to support success of the 2022 Scoping Plan include, but are not limited to, reductions in the energy and transportation sectors: • Energy Sector: Long-term planning to support grid reliability and expansion of renewable and zero-carbon resource and infrastructure deployment; completing systemwide and local reliability assessments; facilitating resource development such as long-duration energy storage and hydrogen production; maximizing opportunities for demand response; enhancing decarbonization, reliability, and affordability in regional markets; addressing resource build-out challenges; and doubling statewide energy efficiency savings in electricity and fossil gas end uses by 2030; achieving 90 percent, 95 percent, and 100 percent renewable and zero-carbon retail sales by 2035, 2040, and 2045, respectively • Transportation Sector: o Decarbonizing the transportation sector, including transitioning to 100 percent sales of light- duty zero emission vehicles (ZEVs) by 2035 and medium- and heavy-duty vehicles by 2040; achieving a 20 percent zero emission target for the aviation sector, and developing a rapid and robust network of ZEV refueling infrastructure. 21 California Air Resources Board (ARB). 2022. Final 2022 Scoping Plan Update and Appendices. December. Website: https://ww2.arb.ca.gov/our-work/programs/ab-32-climate-change-scoping-plan/2022-scoping-plan-documents. Accessed April 9, 2024. 22 California Air Resources Board (CARB). 2022. 2022 Scoping Plan for Achieving Carbon Neutrality (2022 Scoping Plan). Website: https://ww2.arb.ca.gov/resources/documents/2022-scoping-plan-documents. Accessed March 5, 2024. 43 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum o ▪ Ensuring that an adequate supply of zero-carbon alternative fuel which will require building the production and distribution network for zero-carbon fuels; strengthening the Cap-and- Trade Program; and increasing the stringency and scope of the Low Carbon Fuel Standard (LCFS). o Achieving a per capita VMT reduction of at least 25 percent below 2019 levels by 2030 and 30 percent below 2019 levels by 2045 by reimagining roadway projects to decrease VMT, investing in public transit, implementing equitable roadway pricing; expanding and completing planned networks of high-quality active transportation infrastructure; deploying autonomous vehicles, ride-hailing services, and other options which have higher occupancy and low VMT; streamlining access to public transportation; and ensuring alignment of land use, housing, transportation; conservation and planning in adopted regional plans and accelerating infill development and housing production in transportation efficient places. To achieve carbon neutrality by 2045, the 2022 Scoping Plan contains GHG reductions, technology, and clean energy mandated by statutes, reduction of short-lived climate pollutants, and mechanical carbon dioxide capture and sequestration actions. Table 23 contains a list of key GHG emission reduction actions and strategies from the 2022 Scoping Plan and assesses the project’s consistency with these actions and strategies. Table 23: Project Consistency with 2022 Scoping Plan 2022 Scoping Plan Actions and Strategies Responsible Party(ies) Project Consistency Transportation Technology • Achieve 100 percent ZEV sales of light duty vehicles by 2035 and medium heavy-duty vehicles by 2040. • Achieve 20 percent zero-emission target for the aviation sector. • Develop a rapid and robust network of ZEV refueling infrastructure to support needed transition to ZEVs. • Ensure that the transition of ZEV technology is affordable for low-income households and communities of color and meets the needs of communities and small business. • Prioritize incentive funding for heavy-duty ZEV technology deployment in regions of the state with the highest concentrations of harmful criteria and toxic air contaminant emissions. • Promote private investment in the transition to ZEV technology, undergirded by regulatory certainty such as infrastructure credits in the Low Carbon Fuel Standard for hydrogen and electricity and hydrogen station grants from the CEC’s Clean Transportation Program pursuant to Executive Order B-48-18. • Evaluate and continue to offer incentives similar to those through FARMER, Carl Moyer, the Clean Fuel Reward Program, the Community Air Protection Program, the Low Carbon Transportation, including CORE. Where feasible, State agencies and local agencies No Conflict: Vehicles must transition to zero- emission technology to decarbonize the transportation sector. Executive Order N-79-20 reflects the urgency of transitioning to zero emission vehicles (ZEVs) by establishing target dates for reaching 100 percent ZEV sales or fleet transitions to ZEV technology. EO N-79-20 calls for 100 percent ZEV sales of new light-duty vehicles by 2035. The Advanced Clean Cars II regulation fulfills this goal and serves as the primary mechanism to help deploy ZEVs. A number of existing incentive programs also support this transition, including the Clean Cars 4 All Program. EO N-79-20 also sets targets for transitioning the medium- and heavy-duty fleet to zero emissions: by 2035 for drayage trucks and by 2045 for buses and heavy-duty long-haul trucks where feasible. Replacing heavy-duty vehicles with ZEV technology will substantially reduce GHG emissions and diesel PM emissions in communities adjacent to ports, distribution centers, and highways. EO N-79-20 sets an off-road equipment target of transitioning the entire fleet to ZEV technology by 2035, where feasible. There are a number of funding sources available to support this transition, including FARMER, Carl Moyer, and Community Air Protection Incentives; as well as Low Carbon Transportation 44 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum 2022 Scoping Plan Actions and Strategies Responsible Party(ies) Project Consistency prioritize and increase funding for clean transportation equity programs. • Continue and accelerate funding support for zero emission vehicles and refueling infrastructure through 2030 to ensure the rapid transformation of the transportation sector. Incentives, including the Clean Off-Road Equipment program. Refueling infrastructure is a crucial component of transforming transportation technology. Electric vehicle chargers and hydrogen refueling stations must become easily accessible for all drivers to support a wholesale transition to ZEV technology. Deployment of ZEV refueling infrastructure is currently supported by a number of existing State public funding mechanisms. Intrastate aviation relies on internal combustion engine technology today, but battery-electric and hydrogen fuel cell aviation applications are in development, along with sustainable aviation fuel. GHG emissions generated by project-related passenger and truck vehicle travel would benefit from the above regulations and programs, and mobile source emissions generated by the proposed project would be reduced as automobiles and truck fleets are transitioned to ZEV technology. Additionally, the project would include EV charging infrastructure in accordance with regulations which would support the transition to EV technology. Thus, the project would not conflict with actions under the transportation technology sector. Transportation Fuels • Accelerate the reduction and replacement of fossil fuel production and consumption in California. • Incentivize private investment in new zero-carbon fuel production in California. • Incentivize the transition of existing fuel production and distribution assets to support deployment of low- and zero-carbon fuels while protecting public health and the environment. • Invest in the infrastructure to support reliable refueling for transportation such as electricity and hydrogen refueling. • Evaluate and propose, as needed, changes to strengthen the Cap-and-Trade Program. • Initiate a public process focused on options to increase the stringency and scope of the LCFS: - Evaluate and propose accelerated carbon intensity targets pre-2030 for LCFS. - Evaluate and propose further declines in LCFS post-2030 carbon intensity targets to align with this 2022 Scoping Plan. - Consider integrating opt-in sectors into the program. - Provide capacity credits for hydrogen and electricity for heavy-duty fueling. State agencies and local agencies No Conflict: Mobile source emissions generated by the project would be reduced with implementation of the wider use of zero-carbon fuels consistent with reduction of GHG emissions under AB 1279. Additionally, (as applicable) the project would utilize energy efficiency appliances and equipment and will meet the applicable energy standards in the Title 24 Building Energy Efficiency Standards and CALGreen Code, which will limit the amount of fossil fuel use and GHG emissions. The project would comply with local building codes and incorporating paved areas and landscaping. Considering the relevant actions and strategies require action by the state and local agencies, project consistency is determined by assessing whether the project would conflict with the actions needed in the transportation fuels sector. As supported by the information provided above, the project would not conflict with actions in the transportation fuels sector. 45 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum 2022 Scoping Plan Actions and Strategies Responsible Party(ies) Project Consistency • Monitor for and ensure that raw materials used to produce low-carbon fuels or technologies do not result in unintended consequences. Vehicles Miles Traveled • Achieve a per capita VMT reduction of at least 25 percent below 2019 levels by 2030 and 30 percent below 2019 levels by 2045. • Reimagine new roadway projects that decrease VMT in a way that meets community needs and reduces the need to drive. • Invest in making public transit a viable alternative to driving by increasing affordability, reliability, coverage, service frequency, and consumer experience. • Implement equitable roadway pricing strategies based on local context and need, reallocating revenues to improve transit, bicycling, and other sustainable transportation choices. • Expand and complete planned networks of high- quality active transportation infrastructure. • Channel the deployment of autonomous vehicles, ride-hailing services, and other new mobility options toward high passenger-occupancy and low VMT-impact service models that complement transit and ensure equitable access or priority populations. • Streamline access to public transportation through programs such as the California Integrated Travel Project. • Ensure alignment of land use, housing, transportation, and conservation planning in adopted regional plans and local plans (e.g., general plans, zoning, and local transportation plans), and develop tools to support implementation of these plans. • Accelerate infill development and housing production at all affordability levels in transportation-efficient places, with a focus on housing for lower income residents. State agencies and local agencies No Conflict: VMT reductions will play a crucial role in reducing overall transportation energy demand and achieving California’s climate, air quality, and equity goals. CARB did not set regulatory limits on VMT in the 2022 Scoping Plan because the authority to reduce VMT largely lies with state, regional, and local transportation, land use, and housing agencies, along with the Legislature and its budgeting choices. The project-specific traffic report includes a VMT analysis for the project.23 As noted in the traffic report, the City of Fresno VMT guidelines specify that VMT analysis only includes passenger vehicles. The project would generate approximately 180 passenger vehicle trips per day, which is fewer than the 500- average-daily-trip level that would trigger the need for a more detailed VMT analysis based on City of Fresno VMT guidelines. As such, the project would not result in a significant VMT impact and the project would not conflict with actions in the vehicle miles traveled sector. Clean Electricity Grid • Per SB 350, double statewide energy efficiency savings in electricity and fossil gas end uses by 2030, through a combination of energy efficiency and fuel substitution actions. • Use long-term planning processes to support grid reliability and expansion of renewable and zero- carbon resource and infrastructure deployment. • Complete systemwide and local reliability assessments. Such assessments should be completed before state agencies update their electricity sector GHG targets. State agencies and local agencies No Conflict: Decarbonizing the electricity sector depends on both using energy more efficiently and replacing fossil-fueled generation with renewable and zero carbon resources, including solar, wind, energy storage, geothermal, biomass, and hydroelectric power. The RPS Program and the Cap-and-Trade Program continue to incentivize dispatch of renewables over fossil generation to serve state demand. SB 100 increased RPS stringency to require 60 percent renewables by 2030 and for California to provide 100 percent of its retail sales of electricity 23 Ruettgers & Schuler Civil Engineers. 2023. Crown Central Transport Regional Facility Traffic Study – Fresno, CA. August. 46 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum 2022 Scoping Plan Actions and Strategies Responsible Party(ies) Project Consistency • Prioritize actions to mitigate impacts to electricity reliability and affordability and provide sufficient flexibility in the state’s decarbonization roadmap for adjustments as may be needed. • Facilitate long lead-time resource development. • Continue coordination between energy agencies and energy proceedings to maximize opportunities for demand response. • Continue to explore the benefits of regional markets to enhance decarbonization, reliability, and affordability. • Address resource build-out challenges, including permitting, interconnection, and transmission network upgrades. • Explore new financing mechanisms and rate designs to address affordability. • Per SB 100 and SB 1020, achieve 90 percent, 95 percent, and 100 percent renewable and zero- carbon retail sales by 2035, 2040, and 2045, respectively. • Evaluate and propose, as needed, changes to strengthen the Cap-and-Trade Program. • Target programs and incentives to support and improve access to renewable and zero-carbon energy projects (e.g., rooftop solar, community owned or controlled solar or wind, battery storage, and microgrids) for communities most at need, including frontline, low-income, rural, and indigenous communities. • Prioritize public investments in zero-carbon energy projects to first benefit the most overly burdened communities affected by pollution, climate impacts, and poverty. from renewable and zero-carbon resources by 2045. Furthermore, SB 1020 has added interim targets to SB 100’s policy framework to require renewable and zero-carbon resources to supply 90 percent of all retail electricity sales by 2035 and 95 percent of all electricity retail sales by 2040; establish a planning goal of at least 20 GW of offshore wind by 2045; and that state agencies plan for an energy transition that avoids the need for new fossil gas capacity to meet California’s long-term energy goals. California also continues to advance its appliance and building energy efficiency standards to reduce growth in electricity consumption and meet the SB 350 goal to double statewide energy efficiency savings in electricity and fossil gas end uses by 2030. Increased transportation and building electrification and continued policy commitment to behind-the- meter solar and storage will continue to drive growth of microgrids and other distributed energy resources. Continued transition to renewable and zero-carbon electricity resources will enable electricity to become a zero-carbon substitute for fossil fuels. This transformation will drive investments in a large fleet of generation and storage resources but will also require significant transmission to accommodate these new capacity additions. Resources such as storage and demand-side management are essential to maintain reliability with high concentrations of renewables. Hydrogen produced from renewable resources and renewable feedstocks can serve a dual role as a low- carbon fuel for existing combustion turbines or fuel cells, and as energy storage for later use. As applicable, the proposed project would utilize energy efficiency appliances (such as in the office space) and equipment and will meet the applicable energy standards in the Title 24 Building Energy Efficiency Standards and CALGreen Code. As such, the project would not conflict with actions under the clean electricity grid sector. Sustainable Manufacturing and Buildings • Maximize air quality benefits using the best available control technologies for stationary sources in communities most in need. • Implement SB 905, which requires CARB to create the Carbon Capture, Removal, Utilization, and Storage Program to evaluate, demonstrate, and regulate carbon capture, utilization, and sequestration and carbon dioxide removal projects and technology. State agencies and local agencies No Conflict: The 2022 Scoping Plan reduces dependence on fossil gas in the industrial and building sectors by transitioning substantial energy demand to alternative fuels. Combustion of fossil gas, other gaseous fossil fuels, and solid fossil fuels provide energy to meet three broad industry needs: electricity, steam, and process heat. Non-combustion emissions result from fugitive emissions and from the chemical transformations inherent to some manufacturing processes. Decarbonizing industrial facilities depends upon displacing fossil fuel use with 47 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum 2022 Scoping Plan Actions and Strategies Responsible Party(ies) Project Consistency • End fossil gas infrastructure expansion for newly constructed buildings. • Develop a net-zero cement strategy to meet SB 956 targets for the GHG intensity of cement use. • Leverage energy efficiency and low carbon hydrogen programs. • Prioritize most vulnerable residents with the majority of funds in the new $922 million Equitable Building Decarbonization program. • Achieve three million all-electric and electric-ready homes by 2030 and seven million by 2035 with six million heat pumps installed by 2030. • Adopt a zero-emission standard for new space and water heaters sold in California beginning in 2030. • Implement biomethane procurement targets for investor-owned utilities as specified in SB 1440. a mix of electrification, solar thermal heat, biomethane, low- or zero-carbon hydrogen, and other low-carbon fuels to provide energy for heat and reduce combustion emissions. Emissions also can be reduced by implementing energy efficiency measures and using substitute raw materials that can reduce energy demand and some process emissions. Some remaining combustion emissions and some non- combustion CO2 emissions can be captured and sequestered. This sector has a continuing demand for fossil gas due to lack of non-combustion technologically feasible or cost-effective alternatives for certain industrial sectors. Microgrids powered by renewable resources and with battery storage are emerging as a key enabler of electrification and decarbonization at industrial facilities. The proposed project will serve as the long-term regional facility for Central Transport for the purpose of providing less-than-truckload freight services for local and nationally based businesses. No manufacturing activities are proposed at the project site. The project will utilize energy efficient appliances for the office space and as applicable within the project. The project would also meet the applicable energy standards in the Title 24 Building Energy Efficiency Standards and CALGreen Code. During operations, the project would have a less- than-significant VMT impact. As such, the project would not conflict with sustainable manufacturing buildings industry sector. Carbon Dioxide Removal and Capture Sector • Implement SB 905. • Achieve the 85 percent reduction in anthropogenic sources below 1990 levels per AB 1279 by incorporating Carbon Capture and Storage (CCS) into sectors and programs beyond transportation. • Evaluate and propose the role for CCS in cement decarbonization and as part of hydrogen peroxide pathways. • Explore carbon capture application for zero- carbon power for reliability needs per SB 100. State agencies and local agencies No Conflict: CARB has acknowledged that the deployment of carbon dioxide removal to counterbalance hard-to-abate residual emissions is needed to achieve net zero GHG emissions. Modeling shows that emissions from the AB 32 GHG Inventory sources will continue to persist even if all fossil related combustion emissions are phased out. Carbon dioxide removal includes both sequestration in natural and working lands and mechanical approaches such as: direct air capture, CCS (which is carbon capture from anthropogenic point sources involves capturing carbon from a smokestack of an emitting facility), or direct air capture (which captures carbon directly from the atmosphere). The project would not conflict with measures to increase carbon dioxide removal and capture. As such, the project would not conflict with action under the carbon dioxide removal and capture sector. 48 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum 2022 Scoping Plan Actions and Strategies Responsible Party(ies) Project Consistency Short-Lived Climate Pollutants (Non- Combustion Gases) • Install anaerobic digesters to maximize air and water quality protection, maximize biomethane capture, and direct biomethane to specific sectors. • Increase alternative manure management projects. • Expand markets for products made from organic waste. • Pursuant to SB 1137, develop leak detection and repair plans for facilities in health protection zones, implement emission detection system standards, and provide public access to emissions data. • Convert large HFC emitters to the lowest practical global warming potential (GWP) technologies. State agencies and local agencies No Conflict: SLCPs include black carbon, methane, and fluorinated gases. Dairy and livestock are the largest source of methane emissions followed by landfills. Black Carbon (soot) comes primarily from transportation, specifically heavy-duty vehicles followed by fuel combustion for residential, commercial, and industrial uses. The project would not conflict with SLCP dairy and livestock methane sector actions in the 2022 Scoping Plan. The project is a less-than-truckload freight services development and does not include dairy or livestock. Furthermore, the project does not include a new landfill or any oil or gas production, processing, or storage facilities. The project would comply with the 2022 CalGreen Code for energy efficiency and use of high-GWP refrigerants and would not conflict with these policies or actions. The project is a less- than-truckload freight services development that would not include fireplaces and would not result in a significant VMT impact; lower VMT results in a reduction of fuel combustion. Considering the information presented above, the project would not conflict with SLCP sector actions in the 2022 Scoping Plan. Natural and Working Lands • Implement AB 1757 and SB 27. • Implement the Climate Smart Strategy. • Accelerate the pace and scale of climate smart forest management to at least 2.3 million acres annually by 2025. • Accelerate the pace and scale of healthy soils practices to 80,000 acres annually by 2025, conserve at least 8,000 acres of annual crops annually, and increase organic agriculture to 20 percent of all cultivated acres by 2045. • Restore 60,000 acres of Delta wetlands annually by 2045. • Increase urban forestry investment annually by 200 percent, relative to business as usual. State agencies and local agencies No Conflict: AB 1757 requires state agencies to set targets for natural carbon removal and emissions reductions on natural and working lands. AB 1757 is expected to catalyze natural carbon sequestration in California by: requiring California Natural Resources Agency and CARB to establish targets for sequestration on natural and working lands for 2030, 2038, and 2045; ensuring that natural sequestration projects have rigorous measurement and verification; and establishing an expert committee to advise state agencies on modeling and implementation. SB 27 is designed to accelerate the removal of carbon from the atmosphere by expanding California’s carbon removal capability (i.e. sequestration) and improve the carbon retention of the state’s natural and working lands. The project is a less-than-truckload freight services development and would not include natural working lands. As such, the project would not conflict with natural and working strategies under the 2022 Scoping Plan. Source: California Air Resources Board (CARB). 2022. 2022 Scoping Plan for Achieving Carbon Neutrality. November 16. Website: https://ww2.arb.ca.gov/sites/default/files/2022-12/2022-sp_1.pdf. Accessed November 11, 2024. 49 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum As show above in Table 23, the project would not conflict with relevant 2022 Scoping Plan actions or strategies that aim to achieve the State’s climate target of reducing anthropogenic emissions to 85 percent below 1990 levels and achieving carbon neutrality by 2045. Impact Analysis Summary As described above, the proposed project would be consistent with State GHG Plans and would not obstruct the State’s ability to meet its goals of reducing GHG emissions 40 percent below 1990 levels by 2030, carbon neutral by 2045, and 80 percent below 1990 levels by 2050. Therefore, the project’s generation of GHG emissions would not result in a significant impact on the environment. b) Conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact. The following analysis assesses the project’s compliance with Consideration #3 24 regarding consistency with adopted plans to reduce GHG emissions. The project is in unincorporated Fresno County; however, a Pre-Zone/Rezone Application and Annexation Application are being submitted concurrently to the City of Fresno with the Development Application. The City of Fresno does not have a GHG reduction plan that can be relied upon for making significance determinations. The County of Fresno has not adopted a GHG reduction plan. In addition, the County has not completed the GHG inventory, benchmarking, or goal ‐ setting process required to identify a reduction target and take advantage of the streamlining provisions contained in the CEQA Guidelines amendments adopted for SB 97 and clarifications provided in the CEQA Guidelines. The SJVAPCD has adopted a Climate Action Plan, but it does not contain measures that are applicable to the project. Therefore, the SJVAPCD Climate Action Plan cannot be applied to the project. Since no other local or regional Climate Action Plan is in pl ace, the project is assessed for its consistency with CARB’s adopted Scoping Plans. This assessment is included under Impact GHG -A above. As demonstrated in the analysis contained under Impact GHG-A, the project would not conflict with any applicable plan, policy, or regulation of an agency adopted to reduce the emissions of greenhouse gases. This impact would be less than significant. 24 Consideration #3 is the extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions. 50 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Energy Environmental Setting Pacific Gas and Electric Company provides electricity and natural gas service to the County of Fresno and to the City of Fresno. Upon buildout of the project site, electricity to the project site would be provided by PG&E. All electricity infrastructure would be located underground and would tie -in to existing infrastructure. Based on PG&E’s 2019 power content label, approximately 28.5 percent of PG&E’s electricity for its base plan came from eligible renewable resources including solar, wind, geothermal, biomass, and small hydroelectric sources. Additionally, a larger percent of PG&E's total electric power mix was from GHG- free sources including nuclear, large hydroelectric, and eligible renewable sources of energy.25 In 2020, approximately 85 percent of the electricity PG&E supplied was GHG free. PG&E reports that more than 35 percent of delivered electricity came from RPS-eligible sources in 2020, while PGE’s 2020 power content label reports 30.6 percent of PG&E’s retail sales were from eligible renewable sources.26 Methodology The energy requirements for the proposed project were determined using the construction and operational estimates generated from the Air Quality Analysis (refer to Attachment A for related CalEEMod output files). The calculation worksheets for diesel fuel consumption rates for off-road construction equipment and on-road vehicles are provided in Attachment C. Short-term construction energy consumption is discussed below. Short-Term Construction Off-Road Equipment Table 24 provides estimates of the project’s construction fuel consumption from off-road construction equipment for the entire project, categorized by construction activity. Table 24: Construction Off-Road Fuel Consumption Project Component Construction Activity Fuel Consumption (gallons) Home Avenue Warehouse Project (On-site, Off-road Equipment Use) Site Preparation 2,728 Grading 4,489 Building Construction 7,194 Paving 843 Architectural Coating 59 Total 15,313 Note: Totals may not appear to sum correctly due to rounding Source: Energy Consumption Calculations (Attachment C). As shown in Table 24, use of off-road equipment associated with construction of the proposed project is estimated to consume approximately 15,313 gallons of diesel fuel over the entire construction duration. There are no unusual project characteristics that would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in the Fresno Cou nty region or other parts of California. Therefore, it is expected that construction fuel consumption associated with the 25 Pacific Gas & Electric (PG&E). 2020. 2019 Power Content Label. Website: https://www.energy.ca.gov/filebrowser/download/3245. Accessed May 20, 2023. 26 Pacific Gas & Electric (PG&E). 2021. Corporate Sustainability Report 2021. Website: https://www.pgecorp.com/corp_responsibility/reports/2021/pf04_renewable_energy.html. Accessed May 20, 2023. 51 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum proposed project would not be any more inefficient, wasteful, or unnecessary than at other construction sites in the region. On-Road Vehicles On-road vehicles for construction workers, vendors, and haulers would require fuel for travel to and from the site during construction. Table 25 provides an estimate of the total on-road vehicle fuel usage during construction. There are no unusual project characteristics that would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in other parts of the state. Therefore, it is expected that construction fuel consumption associated with the proposed project would not be any more inefficient, wasteful, or unnecessary than at other construction sites in the region. Table 25: Construction On-Road Fuel Consumption Project Component Total Annual Fuel Consumption (gallons) Site Preparation 220 Grading 343 Building Construction 5,283 Paving 206 Architectural Coating 59 Total 6,111 Note: Totals may not appear to sum correctly due to rounding Source: Energy Consumption Calculations (Attachment C). Other Energy Consumption Anticipated During Project Construction Other equipment could include construction lighting, field services (office trailers), and electrically driven equipment such as pumps and other tools. The project site is located in Fresno County, within the City of Fresno’s sphere of influence. Section 10-109 of the Fresno Municipal Code defines permissible hours of construction as between the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday.27 As construction activities would occur during daylight hours; it is anticipated that the use of construction lighting would be minimal. Singlewide mobile office trailers, which are commonly used in construction staging areas, generally range in size from 160 square feet to 720 square feet. A typical 720 -square-foot office trailer would consume approximately 16,881 kWh during the approximate 1.1-year construction phase (Attachment C). Long-Term Operations Transportation Energy Demand Table 26 provides an estimate of the daily and annual fuel consumed by vehicles traveling to and from the proposed project. These estimates were derived using the same assumptions used in the operational air quality analysis for the proposed project. 27 City of Fresno. 2020. Fresno Municipal Code, Section 10-105. Website: https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH10REREPUNUREPRCOUS_ART1 NORE_S10-109EX. Accessed May 1, 2023. 52 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Table 26: Long-Term Operational Vehicle Fuel Consumption Vehicle Type Daily VMT Annual VMT Average Fuel Economy (miles/ gallon) Total Daily Fuel Consumption (gallons) Total Annual Fuel Consumption (gallons) Passenger Vehicles 2,081 759,468 22.301 93.3 34,061 Heavy-Heavy Trucks (HHDT) 6,300 2,299,500 6.01 1,048.4 382,655 Total 8,381 3,058,968 — 1,142 416,716 Notes: 1 This value represents the average fuel economy for light-duty autos. The calculations were completed with the average fuel consumption values for the various vehicle types included in the passenger vehicle fleet (see Attachment C). Percent of Vehicle Trips and VMT provided by CalEEMod. VMT = vehicle miles traveled Source: Energy Consumption Calculations (Attachment C). As shown above, daily vehicular fuel consumption is estimated to be 1,142 gallons of gasoline and diesel fuel combined, with 93.3 gallons from passenger vehicles and 1,048.4 gallons from heavy-duty trucks. Annual consumption is estimated at 416,716 gallons (with 34,061 gallons from passenger vehicles and 382,655 from heavy-duty trucks). Building Energy Demand As shown in Table 27 and Table 28, the proposed project is estimated to demand 1,544,583 kilowatt- hours (KWhr) of electricity and 1,127,316 1,000-British Thermal Units (KBTU) of natural gas, respectively, on an annual basis. Table 27: Long-Term Electricity Usage Land Use Total Electricity Demand (KWhr/year) Unrefrigerated Warehouse-No Rail 741,047 General Office Building 157,091 Automobile Care Center 142,370 Parking Lot 504,075 Other Asphalt Surfaces 0 Total 1,544,583 Source: Energy Consumption Calculations (Attachment C). 53 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Table 28: Long-Term Natural Gas Usage Land Use Total Natural Gas Demand (KBTU/year) Unrefrigerated Warehouse-No Rail 368,056 General Office Building 267,592 Automobile Care Center 491,668 Parking Lot 0 Other Asphalt Surfaces 0 Total 1,127,316 Source: Energy Consumption Calculations (Attachment C). Addressing Energy CEQA Impact Questions This section discusses potential energy impacts associated with the proposed project and provides mitigation measures where necessary. Table 29: Summary of Energy Impact Analysis Energy Would the project: Significance Finding a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact Energy Mitigation Measures No mitigation is required. a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact. This impact addresses the energy consumption from both the short-term construction and long-term operations are discussed separately below. Construction Energy Demand As summarized in Table 24 and Table 25, the proposed project would require 15,313 gallons of diesel fuel for construction off-road equipment and 6,111 gallons of gasoline and diesel for on-road vehicles during construction. There are no unusual project characteristics that would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in the region or other parts of the state. In addition, the overall construction schedule and process is already designed to be efficient in order to avoid excess monetary costs. For example, equipment and fuel are not typically used wastefully due to the added expense associated with renting the equipment, maintaining it, 54 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum and fueling it. Therefore, it is expected that construction fuel consumption associated with the proposed project would not be any more inefficient, wasteful, or unnecessary than at other construction sites in the region, and as such, impacts would be less than significant. Long-Term Energy Demand Building Energy Demand Buildings and infrastructure constructed pursuant to the proposed project would comply with the versions of CCR Titles 20 and 24, including California Green Building Standards (CALGreen), that are applicable at the time that building permits are issued. The proposed project is estimated to demand 1,544,582 KWhr of electricity per year and 1,127,316 KBTU of natural gas per year. As the project site is currently undeveloped, this would represent an increase in demand for electricity and natural gas. It would be expected that building energy consumption associated with the proposed project would not be any more inefficient, wasteful, or unnecessary than for any other similar buildings in the region. Current state regulatory requirements for new buildin g construction contained in the 2022 CALGreen and Title 24 standards would increase energy efficiency and reduce energy demand in comparison to existing commercial structures, and therefore would reduce actual environmental effects associated with energy use from the proposed project. Additionally, the CALGreen and Title 24 standards have increased efficiency standards through each update. Therefore, while the proposed project would result in increased electricity and natural gas demand, the electricity and natural gas would be consumed more efficiently and would be typical of existing industrial development. Based on the above information, the proposed project would not result in the inefficient or wasteful consumption of electricity or natural gas, and impacts would be less than significant. Transportation Energy Demands The daily vehicular fuel consumption is estimated to be 1,142 gallons of both gasoline and diesel fuel (93.3 gallons from passenger vehicles and 1,048.4 gallons from heavy-duty trucks). Annual consumption is estimated at 416,716 gallons (34,061 gallons from passenger vehicles and 382,655 gallons from heavy-duty trucks). In addition, the proposed project would constitute development within an established community and would not be opening a new geographical area for development. As such, the proposed project would not result in unusually long trip lengths for future employees, vendors, or visitors. in an Industrial area of south Fresno just off the east side of Highway 41 and south of Highway 99 in Fresno County. Specifically, the Project site is on the west side of S. Cherry Avenue and south of East North Avenue. The proposed project would be well-positioned to accommodate an existing community. Vehicles accessing the site would be typical of vehicles accessing similar warehouse -type uses in the Fresno region and surrounding areas. For these reasons, it would be expected that vehicular fuel consumption associated with the proposed project would not be any more inefficient, wasteful, or unnecessary compared to other similar land use activities in the region, and impacts would be less than significant. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. The approximately 15.22-acre project site is located in Fresno County. The project site is located within the City of Fresno’s sphere of influence and its planned land use designation is Employment – Heavy Industrial. A Pre-Zone/Rezone Application and Annexation Application are being submitted concurrently 55 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum with the Development Application. The Fresno General Plan contains the following implementing policies related to energy conservation that are relevant to the proposed project.28 RC-5-b Greenhouse Gas Reduction Plan. As is consistent with State law, prepare and adopt a Greenhouse Gas Reduction Plan as part of the Master Environmental Impact Report to be concurrently approved with the Fresno General Plan in order to achieve compliance with State mandates, assist development by streamlining the approval process, and focus on feasible actions the City can take to minimize the adverse impacts of growth and development on global climate change. The Greenhouse Gas Reduction Plan shall include, but not be limited to: • A baseline inventory of all known or reasonably discoverable sources of GHGs that currently exist in the city and sources that existed in 1990. • A projected inventory of the GHGs that can reasonably be expected to be emitted from those sources in the year 2035 with implementation of this General Plan and foreseeable communitywide and municipal operations. • A target for the reduction of emissions from those identified sources. • A list of feasible GHG reduction measures to meet the reduction target, including energy conservation and “green building” requirements in municipal buildings and private development. • Periodically update municipal and community-wide GHG emissions inventories to determine the efficacy of adopted measures and to guide future policy formulation needed to achieve and maintain GHG emissions reduction targets. RC-5-c GHG Reduction through Design and Operations. Increase efforts to incorporate requirements for GHG emission reductions in land use entitlement decisions, facility design, and operational measures subject to City regulation through the following measures and strategies: • Promote the expansion of incentive-based programs that involve certification of projects for energy and water efficiency and resiliency. These certification programs and scoring systems may include public agency “Green” and conservation criteria, Energy Star™ certification, CALGreen Tier 1 or Tier 2, Leadership in Energy Efficient Design (LEED™) certification, etc. • Promote appropriate energy and water conservation standards and facilitate mixed- use projects, new incentives for infill development, and the incorporation of mass transit, bicycle and pedestrian amenities into public and private projects. • Require energy and water audits and upgrades for water conservation, energy efficiency, and mass transit, pedestrian, and bicycle amenities at the time of renovation, change in use, change in occupancy, and change in ownership for major projects meeting review thresholds specified in an implementing ordinance. • Incorporate the City’s “Guidelines for Ponding Basin/Pond Construction and Management to Control Mosquito Breeding” as conditions of approval for any project using an on-site stormwater basin to prevent possible increases in vector-borne illnesses associated with global climate change. 28 City of Fresno. 2014. City of Fresno General Plan. December. Website: https://www.fresno.gov/darm/general -plan- development-code/. Accessed May 1, 2023. 56 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum • Periodically evaluate the City’s facility maintenance practices to determine whether there are additional opportunities to reduce GHGs through facility cleaning and painting, parks maintenance, road maintenance, and utility system maintenance. • Periodically evaluate standards and mitigation strategies for highly vehicle-dependent land uses and facilities, such as drive-through facilities and auto-oriented development. RC-5-f Toolkit. Provide residents and project applicants with a “toolkit” of generally feasible measures that can be used to reduce GHG emissions, including educational materials on energy-efficient and “climate-friendly” products. RC-8-a Existing Standards and Programs. Continue existing beneficial energy conservation programs, including adhering to the California Energy Code in new construction and major renovations. RC-8-b Energy Reduction Targets. Strive to reduce per capita residential electricity use to 1,800 kWh per year and non-residential electricity use to 2,700 kWh per year per capita by developing and implementing incentives, design and operation standards, promoting alternative energy sources, and cost-effective savings. RC-8-c Energy Conservation in New Development. Consider providing an incentive program for new buildings that exceed California Energy Code requirements by fifteen percent. RC-8-e Energy Use Disclosure. Promote compliance with State law mandating disclosure of a building’s energy data and rating of the previous year to prospective buyers and lessees of the entire building or lenders financing the entire building. While several of these policies are voluntary or cannot be implemented by an individual development project, compliance with Title 24 standards would ensure that the proposed project would not conflict with any of the General Plan energy conservation policies related to the proposed project’s building en velope, mechanical systems, and indoor and outdoor lighting. In addition, the proposed project would constitute development within an established community and would not be opening a new geographical area for development such that it would not result in unusually long trip lengths for future employees or vendors. The property is located just off the east side of Highway 41 and south of Highway 99 in Fresno County and is located near simar industrial uses. The development proposed by Crown Enterprises, Inc. will serve as the long-term regional facility for Central Transport for the purpose of providing less-than- truckload freight services for local and nationally based businesses. For the above reasons, the proposed project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and impacts would be less than significant. 57 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum Attachments Attachment A – Modeling Assumptions and CalEEMod Output Files Attachment B – Health Risk Assessment Attachment C – Energy Consumption Calculations 58 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum ATTACHMENT A Modeling Assumptions and CalEEMod Output Files 59 Modeling Assumptions and CalEEMod Output Files Table of Contents Modeling Assumptions/Additional Supporting Information • Site Plan Overlay Map • Project Site Vicinity Map • Project Site Plan • Central Transport Regional Facility Project Construction Assumptions CalEEMod Output Files • Unmitigated Construction & Project Buildout Operations (Passenger Vehicles, Building, and Area Sources) in the Earliest Operational Year (2024) o Annual • Project Truck Operations in the Earliest Operational Year (2024) o Annual • Maximum Daily On-site and Localized Construction and Operational Emissions o Summer o Winter • Mitigated Construction o Tier 4 Equipment Scenario o Level 3 Equipment Scenario 60 61 WXHMIILI EE"HMMTE .9Central Transport Regional Facility Site Plan Overlay E.h- ‘Srf2' s!*■ 1 I ======- "1 * A 4 6 8 1 Mb F J. I 114-1 ■ 1wV f IIHII |I da41 WiIII 1 «ACC0 iwhe4f! s l 1 -I i __—_ Bits i rII I r =| —8 ___________ulllilil I I- J —1 — onnCan- teg? tut 4 " - . *t I■ 4II r J Gy de /Google Earth T 1 00) j 1 ith 4 • <I 61 I ' re te _ j "i1 gu-TI1rI 1 ' । i l a AI = 14 5•5 fr i Legend Project Site = U ' h I I ie “— ... — JFs 1— wae ’ " - e I ■ e ailt hdeht eiel +H|i ■ Cp -e lij i.IIrae (5 I i 1 ! i i * i, r as 7- 41 62 NICentral Transport Regional Facility Project Site Dw*“hiUassadon.|3 r =- h i i -(D) =■ he wM.•I. icl dIN 7 NA.V A 1■I “119, WE • S21e *-i SNY!thL- ‘iey -fir man awo ndII* MePren*if nEs.f 22)41 I I :Y ( J **endin • 2mm p igesll5vscJ...i l I JIEIE .I f| C “ *13 r 5 mi3®p| deijls 3dGoogle Earth— i g3000 ft 1 3 I on ‘ss b • * da -i^.l •■• w " PaE die - Legend I Project Site k N In I|i I IHi ===== j ' J — I, =— 359 aliG- 63 CROWN ENTERPRISES LOGISTICS FACILITY CROWN ENTERPRISES, INC. RELOCATION AND : oANNEXATION PROJECT i E. JENSEN AVE. 0 Q 99 E. ANNADALEAVE. EAST NORTH AVE.O.PROJECT LOCATION "2,%ui <3uj 8uiSITE INFORMATION0s2 0s3Us%ouj0) oj g I-0Ui%sCENTRAL AVE. 8 VICINITY MAP NOT TO SCALE Q OQ J%7 <s GENERAL NOTES:LEGAL DESCRIPTION:Ir LOT 35 Of CENTRAL CAUFORNIA COLOMY, ACCORDINS TO THE MAP THEREOF RECORDED N BOOK 2 PAGE I OF PLATS, FRESNO COUNTY RECORDS; EXCEPTING THEREFROM THE NORTH iso PEET or ne EAST 200 PEET THEREOF; REVISIONS ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: THE CITY AS TO ANY FURTHER SITE IESTIGATON । THE MUSEUM Of PALEONTOLOGY, U.C. BERKELEY ;OBTAW A REFERRAL UST, Of RECOGNIZED PALEONTOLOGISTS. AN ASSESSMENT SHALL BE CONDUCTED BY A EONTOLOGIST DETERMINES THE MATERIAL TO BE .PRESERVED. THE AREA OF CONSTRUCTION SHALL BE nessRVEO ' LICENSED TO PRACTICE LAND SURVEYING W THE STATE OF CALFORNIA ACCEPTED . DRAWNBY: CHECKED BY: 10/25/2022J1 ALL EXISTINC OVERHEAD UIILTES WITHIN IHE LIMITS OF IHS APPLICATION AS PER FRESNO MUNICIPAL CODE SECTION 15-2017 AND PUBLIC WORKS POLCY NO. 260.01. APN: 329-100-52 SIGWNS ARE REQUIRED AT EACH DRIEWAY ENTRANCE SHEETNUMBER: 1 L 6 J 8 ? 2 8 I s §01 1 CALIFORMA ARCHAEOLOGICAL IWENTORY/SOUTHER SAN JOAQUIN VAIIEY IFORMATION CENTER (PHONE: N ARCHEOLOGCAL ASSESSMENT SHALL BE CONDUCTEO FOR THE PROVECI, THE SITE SHALL BE FORMALLY RECORDED, REAL PROPERTY IN THE UNINCORPORATED AREA OF THE COUNTY OF FRESNO, STATE OF CALIFORNL, DESCRIBED AS FOLLOWS: ALSO EXCEPTINC THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA AS FULLY DESCRIBED I GRANT DEED RECORDED MARCH 18, 1996 AS ISTRUMENT NO. 96-34963, OF OFFICML RECORDS. COMMENCNG FOR REFERENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 14 SOUTH, RANGE 20 EAST, MOUNT DBLO BASE AND MERIDMAN, SAD NORTHWEST CORNER BEINC AT COORDINATES Y=495 684.30 FEET AND X = 1768 436.10 FEET; THENCE ALONG THE NORTH LINE OF SAID SECTION, SOUTH 8941‘49"EAST 1324.35 FEET TO THE WEST UNE OF THE EAST HALF OF THE NORTHWEST OUARTER OF SAD SECTION; THENCE ALONG SAD WEST LINE, SOUTH 0 31‘ 20” WEST 1318.35 FEET TO THE NORTHWEST CORNER OF SAID LOT, LAST SAID NORTHWEST CORNER BEING THE TRUE POINT OF BEGWMING, THENCE ALOWG THE NORI UNE OF SAID LOT, SOUTH 89 42‘ 55" EAST 240.10 FEET; THEME SOUTH S 21' 5? WEST, A DISTANCE OF 541.92 FEET: THENCE ALONG A LINE PARALLEL WTHAND 97 FEET EASTERLY, MEASURED AT RIGHT AMLES FROU THE CEMTERUNE OF THE DEPARTMENT OF PUBLC WORKS SURVEY FROM THE KWGS COUNTY UNE TO "P" STREET W FRESNO, ROAD W-FRE-125-8 (NOW 06-FRE-41), SOUTH 0 29‘ 30° WEST 119.35 FEET TO THE SOUTH LNEOFSAID LOT; THENCE ALONG SAAD SOUTH LIE NORIH 89 43‘ 28" WEST, 194.40 FEET T0 THE WEST UNE OF SAID LOT; THENCE ALONG LAST SAD WEST LNE MORIH 0 31‘ 20" EAST 659.18 FEET T0 THE IRUE POIT OF BEGMNING. 0 Z W s DEPARTMENT, TRAFFIC ENCINEERINC AT (559)—621-8800, 10 WORKINC DAYS PRIOR TO ANY OFFSITE CONCRETE CONSTRUCTION. > ALL WEATHER FRE ACCESS SHALL BE W SERVICE PRIOR TO THE DELERY OF COMBUSTIBLE MATERIAL T0 THE JOBSITE. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF FRESNO, A MUNICIPAL CORPORATION AS FULLY DESCRIBED w GRANT DEED RECORDED APRI 18, 2007 AS INSTRUMENT NO. 07-77589, Of OFfICMAL RECORDS. 41 8 ASSESSOR'S PARCEL NUMBERS329-100-52 (£15.2 ACRES) SITE LOCATION EAST NORIH AVENUE & SOUTH CHERRY AVENUE FRESNO, CA 93706 EXISTING ZONNG: AL-20 LIMITED AGRICULTURAL (COUNTY) PROPOSED ZONNC: # HEAVY IDUSTRIL (CITY) OWNER CROWN ENTERPRISE, LLC. 12225 STEPHENS ROAD WARREN, M 48089 PARKNG STALLS TOTAL PROPOSED PARKNG SIALLS: 263 TRACTOR PARKINC STALLS: 29 TRAMER PARKING STALLS: 150 (INCLUDES 13 FUTURE STALLS) AUTO PARKING STALLS: 84 BULONQ NFOFtMARON PROPOSED NO. OF UMTS: 2 TOTAL SQFT. OF UMTS: 80,450 SQ.FT.= 1.85 AC PAVNGTOTAL PROPOSED PAVED AREA: 506,201 SQ. FT. = 11.62 AC LANDSCAPNG TOTAL PROPOSED LANDSCAPE AREA: 42,408 SO.F.= 0.97 AC vuz 2so bzosiaws scczusemmees xuudewr waopeknas rok’zowetenez wuenzawo eenoEwr oncULanow. 4 Jowr accass covewwr sau & RzoURD 3 £/ 8 8 o JOB NUMBER: 20-270 g a 8 22. PROMDE A 4‘ MINMUM PATH OF TRAVEL ALONG THE PUBLC SIDEWALK DIRECTLY I FRONT OF PROPERTY, TO MEET CURRENT ACCESSIBILITY REGULATONS. A PEDESTRIAN EASEMENT MAY B REQUIRED IF REQUIREMENTS ARE 23. AL EXISTNG SIDEWALKS IN EXCESS OF 2% MaXIMUM CROSS SLOPE MUST BE BROUGHT INTO COMPLIANCE PRIOR To ACCEPTANCE BY PUBLIC WORKS: TY PRIOR TO OCCUPANCY. ) TO PROVDE EASEMENTS TO THE CITY FOR REQUIRED PUBLIC MPROVEMENTS. THEY SHALL BE PREPARED BY THE OWeR/DEVELOPERS ENGINEER. EXECUTED COPES SHALL BE SUBMITTED TO THE CITY ’ OWNERSHIP PRIOR TO THE ISSUANCE OF BUEDING PERMITS. 9 ' THE CONSTRUCTION MANAGEMENT ENGINEER, PRIOR TO OCCUPANCY. *AY AND/OR onur EASEMENTS, ALL EXISTING UNDER-GROUND FACIUTES SHALL HAVE BEEN LOCATED BY UNDERGROUND NON (PHONE: (916)-653-4082) SHALL BE WMEDATELY CONTACTED, AND TH COWTACTED T0 OBTAIN A REFERRAL UST OF RECOGNIZED ARCHAEOLOGISTS. OFF-GRADE CONCRETE STREET MPROVEMENTS AS DETERMINED . MMENCWC EXCAVATON OPERATIONS WITHWN THE STREET RIGHT-Of 2 THE PUBLC WORKS OEPARTHENT. ; TO THE PUBLC WORKS DEPARTMENT. YS 10 THE PVBLIC WORKS DEPARTMENT, COMPLY WTH THE CURRENI CALTRANS STANDARDS. 8 $ s X 8 8 12. ALL EXISTING DRNEWAY APPROACHES WHICH NO LONGER PROVDE ACCESS TO APPROVED VEHICLE PARKING AREAS SHALL BE REMOVED UNLESS OTHERMSE APPROVED BY THE CITY ENGINEER. SUCH AREAS SHALL BE RECONSTRUCTED WITH CURB, GUTTER, AND SIDEWALK TO MATCH EXISTING ADJACENT STREET IMPROVEMENTS. THIS WORK SHALL BE COMPLETED AND ACCEPTED BEFORE A PERMIT OF OCCUPANCY IS ISSUED OR THE BUILDINC OCCUPIED PER FMC 13-211. % 8I ! i i I SI a i § II LANDSCAPING MUST BE I PLACE BEFORE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. A HOLD ON OCCUPANCY SHALL BE PLACED ON THE PROPOSED DEVELOPMENT UNML SUcH TE THAT LANDSCAPING HAS BEEN APPROVED AND VERFFIED FOR PROPER WSTALLATNON BY THE CURRENT PLANNING DMSION. PER CORRESPONDENCE WTH CITY OF FRESNO ARCHITECT, NO ACCESSIBLE STALLS REQUIRED W PARKING LOTS FOR THIS SITE. REFERENCE TOCBC11A&B. SIGNS, OTHER THAN OIRECnONAL SIGNS. If APPLICABLE. ARE NOT APPROVED FOR INSTALLATION AS PART OF THIS SPECIAL PERMIT. IF ARCHEOLOGICAL AND/OR ANMAL FOSSIL MATERIAL IS ENCOUNTERED DURNG PROJECT SURVEYING, GRADING, EXCAVATING, OR COWNSTRUCTIOWN, WORK SHALL STOP IMMEDIATELY. I THERE ARE SUSPECTED HUMAN REMAINS, THE FRESNO COUNTY CORONER SHALL BE MMEDMATELY CONTACTED. IF THE REMAINS OR OTHER ARCHAEOLOGICAL MATER’AL IS POSSIBLE NATNE AMERICAN N ORIGN, THE NATNE SERVICES ALERT (USA). CALL 1800—642-2444. 10. THE PERFORMANCE OF ANY WORK WITHWN THE PUBLIC STREET RICHT-OF-WAY REQUIRES A STREET WORK PERMIT PRIOR TO COMMENCEMENT OF WORK. ALL REQUIRED STREET IMPROVEMENTS MUST BE COMPLETED AND i 64 I STATE HIGHWAY 41IVARIABLE WDTH PUBLC STREET SCALE 1"=30‘VARMBLE WIDTH ASPHALT/CONCRETE ROADWAY -ABUTTERS RIGHTS REUINOUISHED N“53S4f O L455.86"-EXISTING PROPERTY UNE r (I 8) 44 (8 I1IFTr RXXDPOR999009990 1 VICINITY MAP(BASI BOTTOM NOT To SCALE t.I-HCHWATE | J%* | PROPOSED TEMPORARY BASIN LEGEND:I TI EXISTING PROPERTY BOUNDARY EMSTINC PROPERTY UNE e.EXISTING EASEMENT ------- EXISTING RIGHT Of WAY PROPOSED FENCE EXISTING CHAW LNK FENCE PROPOSED CONCRETE PROPOSED AC PAVING PER CITY OF FRESNO STDS. P-21, P-22, AND P-23.-TEMPORARY FENCEfI PROPOSED LANDSCAPE AREA 0IT INDICATES NUMBER Of PARKING STALLS I DESIGNATED AREA 8PROPOSED BUILDING ICURB AND GUTTER *-02PROPOSED CONCRETE SIDEWALK 0suj2 -30,000 GALLON USTL CONSTRUCTION NOTES: 1 PROPOSED PEDESTRIAN CROSS WALK STRIPING*%PROPOSED PEDESTRIAN CONCRETE CROSS WALK PROPOSED 6" CONCRETE CURB PER CITY Of FRESNO STD. P-5 I PROPOSED 15‘ WROUGHT IRON DOUBLE SWING GATE PROPOSED PAINTED DIRECTIONAL ARROWS QOPROPOSED 12‘ CONCRETE WALKWAY PER CITY OF FRESNO STD. P-9 C(24)92EXISTING CHAN LINK FENCE To REMAN AND BE PROTECTED PROPOSED 6‘ CHAIN UNK FENCE TO BE INSTALLED EXISTING WATER VALVE TO REMAIN AND BE PROTECTED <s sEXISTWG WATER METER TO BE RELOCATED BEHIND CURB $ EXISTWG STAND PIPE TO REMAIN AND BE PROTECTED i**NOT USED EXISTINC BACK-FLOW PREVENTOR TO REMAIN AND BE PROTECTED EXISTING GUYWRE T0 REMAIN AND BE PROTECTED REVISIONSsNOT USED EXISTING FIRE HYDRANT TO BE RELOCATED BEHIND CURB AND GUTIER 8 EXISTWNG BOLLARDS TO BE REMOVED EXISTWG BLOCK WALL TO REMAIN AND BE PROTECTED PROPOSED RECYCLING COMPACTOR, SIZE 3l TYPE TO BE DETERMINED DRAWN BY:2 PROPOSED 4 VALLEY GUTTER PER CITY OF FRESNO STD. P-10.y 10/25/2022IPROPOSED CONCRETE CURB AND GUTTER PERCIYOF FRESNO STD. P-5. V PROPOSED MODIFIED CURB RAMP PER CITY OF FRESNO STD. P-29 PROPOSED ACCESS GATE CONTROL PANEL 1 PROPOSED FUEL SYSTEM20009990900000000|PROPOSED TRASH COMPACTOR, SIZE 3: TYPE TO BE DETERMINED1 |.—SHEETNUMBER:L 3 OF MA TCHLINE (SHEET 2)JO5 NUMBER: 20-270 PROPOSED FUTURE TRAILER PARKING ! 1 i ] j ] Q U 8 s ! ! ! i 6 1 (R I ! Il T sS I Si I 8 t G § 3 & I 4 3 I I i U Z 40 PROPOSED SHOP 11,880 SQ. FT. *10 PROPOSED DOCK 68,570 SQ. FT. Y106 OOORS@ 12 O.C.) 13 19/ ! ! 1 i i i i !!! 0 Z u 79 © @ @ © © © © © © © © © 0 @ @ () © © (9) (0) © © © © ( 5 83 < E PROPOSED TRAILER PARKING I ! ! i i i PROPOSED TRAILER PARKING PROPOSED TRAILER PARKING . 18 i ! |i 2‘ s i 8 © 0 ¥ 5 | 5 8 j -HIGHWATER"I » 28 & 6 5 8 s I 8 | i I $ g 8 23 65 MATCHLINE (SHEET 1) e 22 2Eo. I I* %*,50d_ Sooo0000000000000N2PROPOSED TRAILER PARKING-EXISTING PROPERTY LWE 1 |1! VICINITY MAP NOT TO SME 0 LEGEND:% **, *s EXISTING PROPERTY LINE O i EXISTNG EASEMENT EXISIING RIGHT OF WAY •x—x------------- PROPOSED FENCE CHAN LINK FENCE PROPOSED CONCRETE (8 PROPOSED AC PAMNG PER CITY Of FRESNO STDS. P-21, P-22, AND P-23. PROPOSED LANDSCAPE AREA 0 INDICATES NUMBER OF PARKINC STALLS IN DESIGNATED AREA L PROPOSED BUILDING|]%PROPOSED CURB AND GUTTER* *i ET PROPOSED CONCRETE StOEKALKI 8T HHLLS-0) PCONSTRUCTION NOTES:1 PROPOSED PEDESTRIAN CROSS WALK STRIPING -0UiS00145*w 160.00’83 %PROPOSED PEDESTRIAN CONCRETE CROSS WALK s8 PROPOSED 6" CONCRETE CURB PER CITY OF FRESNO STD. P-5(19)8 PROPOSED 15‘ WROUGHT IRON DOUBLE SWING GATE(19)1a PROPOSED PAINTED DRECTOWAL ARROWS1___(——***,*% *—0].?PROPOSED 12‘ CONCRETE WALKWAY PER CITY Of FRESNO STD. P-9JU-107 EXISTING CHAIN LINK FENCE TO REMAIN AND BE PROTECTEDn-PROPOSED EASEMEMT, CANAL TO 8 PIPED 8□E,QPROPOSED 6‘ CHAIN LINK FENCE TO BE INSTALLEDLIIF OS00145"w 80.00*QEXISTING WATER VALVE TO REMAIN AND BE PROTECTED41 9- I R 7IEXISTING WATER METER TO BE RELOCATED BEHIND CURB18) ®I009 EXISTING STAND PIPE To REMAN AND BE PROTECTED 1EXCEPTION AREA 0NOT USED <8 sTuEXISTING 84CK-FLOW PREVENTOR TO REMAI AND BE PROTECTEDIEXCEPTION AREA $I ..i EXISTING GUMMRE TO REMAIN AND BE PROTECTED 1I --e=PROPOSED 40‘ FID EASEMENT-<NOT USED11,40‘ FD EASEVENT-I x.-16**-16‘-EXISTINC FIRE HYDRANT TO BE RELOCATED BEHIND CURB AND GUTTER I__REVISIONSEXISTING 8OLLAROS T0 8 REMOVED15‘ LANDSCAPE SETBACK LWE-15* LANDSCAPE SETBACK UNE-s-if 114 EXISTING BLOCK WALL TO REMAIN AND BE PROTECTEDPROPOSED 42‘ RIGHT Of WAY- I*—PROPOSED RECYCLING COMPACTOR, SIZE & TYPE TO BE DETERMINED (18)PROPOSED 4‘ VALLEY GUTTER PER CITY Of FRESNO STD. P-10.1.1(10)(22)(10)(17)0 PROPOSED CONCRETE CURB AND CUTTER PER CITY OF FRESNO STD. P-5.“At rtS PROPOSED MODIFIED CURB RANP PER CITY Of FRESNO STD. P-29 DRAWN BY: 5EXISTING PRIVATE CANAL EASEMENT T0 BE-(20)CHECKED BY:(21)PROPOSED ACCESS GATE CONTROL PANELPIPED AND RELOCATED ON SITE'6— -- ' 000145" t (21)10/25/2022NPROPOSED FUEL SYSTEM16)*EXISTINC PROPERTY UNE--S001‘45"w 2S.B5'SOUTH CHERRY AVENUEBASIS Of BEARINGS S PROPOSED TRASH COMPACTOR, SIZE & TYPE TO BE DETERUINED *% * SCALE f-30'SHEETNUMBER: 2 JOB NUMBER: 20-270 I । J 3 ? | 1 । 8§ r Ui | 32 u Z §01 1 8 I s 8 8 -EXISTING RIGHT-OF-WAY & EASEMENT s -1; 29 -EXISTNG SANITARY SEWER MANHOLE 84 PROPOSED DOCK 68,570 SQ. FT. tux DOORS @170 01 s 1 ) - I 8 @ @ @ ® () 0 ® (9) () @ @ @ ® a s i l @ 4_____“Q, PROPOSED OFFICE I I PROPOSED TRAILER PARKING I I sil 9 | EXISTNC EDGE OF PAVEMENT EL PROPOSED AUTO PARKING 23 O ® G 0 ® © © 0 PROPOSED TRACTOR PARKING 8 8 §I I8 3□ i — De PROPOSED 42: RC"I of war . a 4% | I—3- II SI a i 30‘ WDE PUBLIC STREET VARMBLAWDTH ASPHALT ROADWAY § I l $ 3 8 s s Central Transport Regional Facility Project Construction Assumptions Construction Schedule Phase Name Start Date End Date Site Preparation 7/1/2023 8/13/2023 5 30 Grading 8/14/2023 9/25/2023 5 30 Building Construction 10/24/2023 7/3/2024 5 182 Paving 9/26/2023 10/23/2023 5 20 Architectural Coating 7/4/2024 7/31/2024 5 20 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Site Preparation Rubber Tired Dozers 3 8 367 0.40 Site Preparation Tractors/Loaders/Backhoes 4 8 84 0.37 Grading Excavators 2 8 158 0.38 Grading Graders 1 8 148 0.41 Grading Rubber Tired Dozers 1 8 367 0.40 Grading Scrapers 2 8 423 0.48 Grading Tractors/Loaders/Backhoes 3 8.8 84 0.37 Building Construction Cranes 1 7 367 0.29 Building Construction Forklifts 3 8 82 0.20 Building Construction Generator Sets 1 8 14 0.74 Building Construction Tractors/Loaders/Backhoes 3 7 84 0.37 Building Construction Welders 1 8 46 0.45 Paving Pavers 2 8 130 0.42 Paving Paving Equipment 2 8 132 0.36 Paving Rollers 2 8 80 0.38 Architectural Coating Air Compressors 1 6 37 0.48 Construction Trips and VMT Phase Name Site Preparation 17.50 0.00 0.00 11.41 8.53 20.00 Grading 22.50 2.00 0.00 11.41 8.53 20.00 Building Construction 34.96 14.37 0.00 11.41 8.53 20.00 Paving 15.00 4.00 0.00 11.41 8.53 20.00 Architectural Coating 6.99 0.00 0.00 11.41 8.53 20.00 Hauling Trip Length Num Days Week Num Days Horse Power Load Factor Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length 66 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 1 / 44 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report Table of Contents 1. Basic Project Information 1.1. Basic Project Information 1.2. Land Use Types 1.3. User-Selected Emission Reduction Measures by Emissions Sector 2. Emissions Summary 2.2. Construction Emissions by Year, Unmitigated 2.5. Operations Emissions by Sector, Unmitigated 3. Construction Emissions Details 3.1. Site Preparation (2023) - Unmitigated 3.3. Grading (2023) - Unmitigated 3.5. Building Construction (2023) - Unmitigated 3.7. Building Construction (2024) - Unmitigated 3.9. Paving (2023) - Unmitigated 3.11. Architectural Coating (2024) - Unmitigated 67 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 2 / 44 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated 4.2.3. Natural Gas Emissions By Land Use - Unmitigated 4.3. Area Emissions by Source 4.3.1. Unmitigated 4.4. Water Emissions by Land Use 4.4.1. Unmitigated 4.5. Waste Emissions by Land Use 4.5.1. Unmitigated 4.6. Refrigerant Emissions by Land Use 4.6.1. Unmitigated 4.7. Offroad Emissions By Equipment Type 4.7.1. Unmitigated 4.8. Stationary Emissions By Equipment Type 4.8.1. Unmitigated 68 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 3 / 44 4.9. User Defined Emissions By Equipment Type 4.9.1. Unmitigated 4.10. Soil Carbon Accumulation By Vegetation Type 4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated 4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated 4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated 5. Activity Data 5.1. Construction Schedule 5.2. Off-Road Equipment 5.2.1. Unmitigated 5.3. Construction Vehicles 5.3.1. Unmitigated 5.4. Vehicles 5.4.1. Construction Vehicle Control Strategies 5.5. Architectural Coatings 5.6. Dust Mitigation 5.6.1. Construction Earthmoving Activities 5.6.2. Construction Earthmoving Control Strategies 69 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 4 / 44 5.7. Construction Paving 5.8. Construction Electricity Consumption and Emissions Factors 5.9. Operational Mobile Sources 5.9.1. Unmitigated 5.10. Operational Area Sources 5.10.1. Hearths 5.10.1.1. Unmitigated 5.10.2. Architectural Coatings 5.10.3. Landscape Equipment 5.11. Operational Energy Consumption 5.11.1. Unmitigated 5.12. Operational Water and Wastewater Consumption 5.12.1. Unmitigated 5.13. Operational Waste Generation 5.13.1. Unmitigated 5.14. Operational Refrigeration and Air Conditioning Equipment 5.14.1. Unmitigated 5.15. Operational Off-Road Equipment 70 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 5 / 44 5.15.1. Unmitigated 5.16. Stationary Sources 5.16.1. Emergency Generators and Fire Pumps 5.16.2. Process Boilers 5.17. User Defined 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated 8. User Changes to Default Data 71 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 6 / 44 1. Basic Project Information 1.1. Basic Project Information Data Field Value Project Name Central Transport - Construction and Operations (Passenger Vehicles + Building) Construction Start Date 7/1/2023 Operational Year 2024 Lead Agency — Land Use Scale Project/site Analysis Level for Defaults County Windspeed (m/s)2.70 Precipitation (days)25.4 Location 36.687961, -119.784008 County Fresno City Unincorporated Air District San Joaquin Valley APCD Air Basin San Joaquin Valley TAZ 2490 EDFZ 5 Electric Utility Pacific Gas & Electric Company Gas Utility Pacific Gas & Electric App Version 2022.1.1.28 1.2. Land Use Types Land Use Subtype Size Unit Lot Acreage Building Area (sq ft)Landscape Area (sq ft) Special Landscape Area (sq ft) Population Description Unrefrigerated Warehouse-No Rail 69.0 1000sqft 1.58 69,000 8,280 ——Cross-dock transfer platform 72 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 7 / 44 General Office Building 6.70 1000sqft 0.15 6,700 804 ——3,200 administrative office + 3,500 office Automobile Care Center 12.0 1000sqft 0.28 12,000 1,440 ——Maintenance shop Parking Lot 13.2 Acre 13.2 0.00 69,051 ——Parking and site paving Other Asphalt Surfaces 1.00 Acre 1.00 0.00 0.00 ——One (1) additional acre added to account for off-site improvements 1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected 2. Emissions Summary 2.2. Construction Emissions by Year, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Year TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily - Summer (Max) —————————————————— 2023 4.95 4.17 40.5 39.8 0.07 1.81 8.54 10.3 1.66 4.05 5.71 —8,081 8,081 0.33 0.08 1.06 8,114 2024 29.1 29.1 11.8 15.2 0.03 0.50 0.38 0.89 0.46 0.09 0.56 —3,108 3,108 0.12 0.09 2.33 3,139 Daily - Winter (Max) —————————————————— 2023 3.22 3.00 12.5 15.4 0.03 0.56 0.89 1.42 0.51 0.11 0.61 —3,083 3,083 0.12 0.09 0.06 3,113 2024 1.62 1.36 11.9 14.8 0.03 0.50 0.38 0.89 0.46 0.09 0.56 —3,072 3,072 0.11 0.09 0.06 3,101 Average Daily —————————————————— 2023 1.21 1.03 8.88 9.11 0.01 0.40 1.16 1.56 0.37 0.48 0.84 —1,677 1,677 0.07 0.03 0.23 1,68673 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 8 / 44 2024 2.18 2.09 4.35 5.45 0.01 0.18 0.14 0.32 0.17 0.03 0.20 —1,126 1,126 0.04 0.03 0.37 1,137 Annual —————————————————— 2023 0.22 0.19 1.62 1.66 < 0.005 0.07 0.21 0.28 0.07 0.09 0.15 —278 278 0.01 < 0.005 0.04 279 2024 0.40 0.38 0.79 0.99 < 0.005 0.03 0.03 0.06 0.03 0.01 0.04 —186 186 0.01 0.01 0.06 188 2.5. Operations Emissions by Sector, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Sector TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Mobile 0.95 0.87 1.05 9.20 0.02 0.02 1.71 1.73 0.02 0.43 0.45 —2,206 2,206 0.08 0.10 8.79 2,247 Area 2.76 2.71 0.03 3.81 < 0.005 0.01 —0.01 0.01 —0.01 —15.7 15.7 < 0.005 < 0.005 —15.7 Energy 0.03 0.02 0.30 0.25 < 0.005 0.02 —0.02 0.02 —0.02 —1,224 1,224 0.17 0.02 —1,234 Water ———————————35.0 41.7 76.7 3.60 0.09 —192 Waste ———————————63.0 0.00 63.0 6.30 0.00 —220 Refrig.————————————————2,488 2,488 Off-Roa d 0.42 0.36 3.90 6.74 0.01 0.15 —0.15 0.13 —0.13 —1,041 1,041 0.04 0.01 —1,044 Total 4.17 3.95 5.29 20.0 0.03 0.19 1.71 1.90 0.18 0.43 0.61 98.0 4,529 4,627 10.2 0.21 2,497 7,441 Daily, Winter (Max) —————————————————— Mobile 0.86 0.78 1.21 7.41 0.02 0.02 1.71 1.73 0.02 0.43 0.45 —2,018 2,018 0.08 0.11 0.23 2,052 Area 2.08 2.08 ———————————————— Energy 0.03 0.02 0.30 0.25 < 0.005 0.02 —0.02 0.02 —0.02 —1,224 1,224 0.17 0.02 —1,234 Water ———————————35.0 41.7 76.7 3.60 0.09 —192 Waste ———————————63.0 0.00 63.0 6.30 0.00 —220 Refrig.————————————————2,488 2,488 74 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 9 / 44 1,044—0.010.041,0411,041—0.13—0.130.15—0.150.016.743.900.360.42Off-Roa d Total 3.40 3.23 5.42 14.4 0.03 0.19 1.71 1.89 0.17 0.43 0.61 98.0 4,325 4,423 10.2 0.22 2,488 7,231 Average Daily —————————————————— Mobile 0.74 0.67 0.78 6.52 0.02 0.01 1.41 1.42 0.01 0.36 0.37 —1,633 1,633 0.06 0.06 3.11 1,657 Area 2.42 2.39 0.02 1.88 < 0.005 < 0.005 —< 0.005 < 0.005 —< 0.005 —7.73 7.73 < 0.005 < 0.005 —7.76 Energy 0.03 0.02 0.30 0.25 < 0.005 0.02 —0.02 0.02 —0.02 —1,224 1,224 0.17 0.02 —1,234 Water ———————————35.0 41.7 76.7 3.60 0.09 —192 Waste ———————————63.0 0.00 63.0 6.30 0.00 —220 Refrig.————————————————2,488 2,488 Off-Roa d 0.30 0.25 2.78 4.80 0.01 0.10 —0.10 0.10 —0.10 —741 741 0.03 0.01 —744 Total 3.50 3.34 3.87 13.5 0.02 0.14 1.41 1.55 0.13 0.36 0.49 98.0 3,648 3,746 10.2 0.17 2,491 6,543 Annual —————————————————— Mobile 0.14 0.12 0.14 1.19 < 0.005 < 0.005 0.26 0.26 < 0.005 0.07 0.07 —270 270 0.01 0.01 0.52 274 Area 0.44 0.44 < 0.005 0.34 < 0.005 < 0.005 —< 0.005 < 0.005 —< 0.005 —1.28 1.28 < 0.005 < 0.005 —1.29 Energy 0.01 < 0.005 0.06 0.05 < 0.005 < 0.005 —< 0.005 < 0.005 —< 0.005 —203 203 0.03 < 0.005 —204 Water ———————————5.80 6.91 12.7 0.60 0.01 —31.8 Waste ———————————10.4 0.00 10.4 1.04 0.00 —36.5 Refrig.————————————————412 412 Off-Roa d 0.06 0.05 0.51 0.88 < 0.005 0.02 —0.02 0.02 —0.02 —123 123 < 0.005 < 0.005 —123 Total 0.64 0.61 0.71 2.46 < 0.005 0.03 0.26 0.28 0.02 0.07 0.09 16.2 604 620 1.68 0.03 412 1,083 3. Construction Emissions Details 3.1. Site Preparation (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) 75 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 10 / 44 Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite —————————————————— Daily, Summer (Max) —————————————————— Off-Roa d Equipm ent 4.70 3.95 39.7 35.5 0.05 1.81 —1.81 1.66 —1.66 —5,295 5,295 0.21 0.04 —5,314 Dust From Material Movement ——————7.67 7.67 —3.94 3.94 ——————— Onsite truck < 0.005 < 0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 —5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) —————————————————— Average Daily —————————————————— Off-Roa d Equipm ent 0.39 0.32 3.27 2.92 < 0.005 0.15 —0.15 0.14 —0.14 —435 435 0.02 < 0.005 —437 Dust From Material Movement ——————0.63 0.63 —0.32 0.32 ——————— Onsite truck < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 —0.46 0.46 < 0.005 < 0.005 < 0.005 0.48 Annual —————————————————— Off-Roa d Equipm ent 0.07 0.06 0.60 0.53 < 0.005 0.03 —0.03 0.02 —0.02 —72.1 72.1 < 0.005 < 0.005 —72.3 76 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 11 / 44 ———————0.060.06—0.110.11——————Dust From Material Movement Onsite truck < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 —0.08 0.08 < 0.005 < 0.005 < 0.005 0.08 Offsite —————————————————— Daily, Summer (Max) —————————————————— Worker 0.10 0.09 0.06 1.07 0.00 0.00 0.14 0.14 0.00 0.03 0.03 —162 162 0.01 0.01 0.71 165 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) —————————————————— Average Daily —————————————————— Worker 0.01 0.01 0.01 0.07 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 —12.3 12.3 < 0.005 < 0.005 0.02 12.4 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Annual —————————————————— Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 —2.03 2.03 < 0.005 < 0.005 < 0.005 2.06 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 3.3. Grading (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite —————————————————— 77 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 12 / 44 ——————————————————Daily, Summer (Max) Off-Roa d Equipm ent 4.81 4.05 40.3 38.4 0.07 1.76 —1.76 1.62 —1.62 —7,811 7,811 0.32 0.06 —7,838 Dust From Material Movement ——————3.59 3.59 —1.42 1.42 ——————— Onsite truck < 0.005 < 0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 —5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) —————————————————— Average Daily —————————————————— Off-Roa d Equipm ent 0.40 0.33 3.32 3.15 0.01 0.14 —0.14 0.13 —0.13 —642 642 0.03 0.01 —644 Dust From Material Movement ——————0.30 0.30 —0.12 0.12 ——————— Onsite truck < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 —0.46 0.46 < 0.005 < 0.005 < 0.005 0.48 Annual —————————————————— Off-Roa d Equipm ent 0.07 0.06 0.61 0.58 < 0.005 0.03 —0.03 0.02 —0.02 —106 106 < 0.005 < 0.005 —107 Dust From Material Movement ——————0.05 0.05 —0.02 0.02 ——————— 78 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 13 / 44 0.08< 0.005< 0.005< 0.0050.080.08—< 0.005< 0.005< 0.0050.010.01< 0.005< 0.005< 0.005< 0.005< 0.005< 0.005Onsite truck Offsite —————————————————— Daily, Summer (Max) —————————————————— Worker 0.13 0.12 0.08 1.37 0.00 0.00 0.18 0.18 0.00 0.04 0.04 —209 209 0.01 0.01 0.91 212 Vendor < 0.005 < 0.005 0.07 0.03 < 0.005 < 0.005 0.01 0.02 < 0.005 < 0.005 < 0.005 —55.4 55.4 < 0.005 0.01 0.15 58.0 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) —————————————————— Average Daily —————————————————— Worker 0.01 0.01 0.01 0.09 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 —15.8 15.8 < 0.005 < 0.005 0.03 16.0 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 —4.55 4.55 < 0.005 < 0.005 0.01 4.76 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Annual —————————————————— Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 —2.61 2.61 < 0.005 < 0.005 0.01 2.65 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 —0.75 0.75 < 0.005 < 0.005 < 0.005 0.79 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 3.5. Building Construction (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite —————————————————— Daily, Summer (Max) —————————————————— Daily, Winter (Max) —————————————————— 79 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 14 / 44 Off-Roa Equipment 1.50 1.26 11.8 13.2 0.02 0.55 —0.55 0.51 —0.51 —2,397 2,397 0.10 0.02 —2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Average Daily —————————————————— Off-Roa d Equipm ent 0.20 0.17 1.59 1.78 < 0.005 0.07 —0.07 0.07 —0.07 —324 324 0.01 < 0.005 —325 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Annual —————————————————— Off-Roa d Equipm ent 0.04 0.03 0.29 0.32 < 0.005 0.01 —0.01 0.01 —0.01 —53.6 53.6 < 0.005 < 0.005 —53.8 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Offsite —————————————————— Daily, Summer (Max) —————————————————— Daily, Winter (Max) —————————————————— Worker 0.18 0.15 0.16 1.61 0.00 0.00 0.28 0.28 0.00 0.07 0.07 —287 287 0.02 0.01 0.04 291 Vendor 0.02 0.02 0.56 0.20 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 —398 398 0.01 0.06 0.03 416 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Average Daily —————————————————— Worker 0.02 0.02 0.02 0.23 0.00 0.00 0.04 0.04 0.00 0.01 0.01 —40.2 40.2 < 0.005 < 0.005 0.08 40.8 Vendor < 0.005 < 0.005 0.07 0.03 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 —53.7 53.7 < 0.005 0.01 0.06 56.2 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 80 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 15 / 44 Annual —————————————————— Worker < 0.005 < 0.005 < 0.005 0.04 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 —6.66 6.66 < 0.005 < 0.005 0.01 6.76 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 —8.90 8.90 < 0.005 < 0.005 0.01 9.31 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 3.7. Building Construction (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite —————————————————— Daily, Summer (Max) —————————————————— Off-Roa d Equipm ent 1.44 1.20 11.2 13.1 0.02 0.50 —0.50 0.46 —0.46 —2,398 2,398 0.10 0.02 —2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) —————————————————— Off-Roa d Equipm ent 1.44 1.20 11.2 13.1 0.02 0.50 —0.50 0.46 —0.46 —2,398 2,398 0.10 0.02 —2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Average Daily —————————————————— Off-Roa d Equipm ent 0.52 0.44 4.06 4.75 0.01 0.18 —0.18 0.17 —0.17 —868 868 0.04 0.01 —871 81 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 16 / 44 0.000.000.000.000.000.00—0.000.000.000.000.000.000.000.000.000.000.00Onsite truck Annual —————————————————— Off-Roa d Equipm ent 0.09 0.08 0.74 0.87 < 0.005 0.03 —0.03 0.03 —0.03 —144 144 0.01 < 0.005 —144 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Offsite —————————————————— Daily, Summer (Max) —————————————————— Worker 0.18 0.17 0.12 1.95 0.00 0.00 0.28 0.28 0.00 0.07 0.07 —318 318 0.02 0.01 1.28 323 Vendor 0.02 0.01 0.50 0.18 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 —392 392 0.01 0.06 1.05 410 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) —————————————————— Worker 0.16 0.14 0.15 1.47 0.00 0.00 0.28 0.28 0.00 0.07 0.07 —282 282 0.01 0.01 0.03 285 Vendor 0.02 0.01 0.53 0.19 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 —392 392 0.01 0.06 0.03 409 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Average Daily —————————————————— Worker 0.06 0.05 0.05 0.56 0.00 0.00 0.10 0.10 0.00 0.02 0.02 —106 106 0.01 < 0.005 0.20 107 Vendor 0.01 < 0.005 0.19 0.07 < 0.005 < 0.005 0.04 0.04 < 0.005 0.01 0.01 —142 142 < 0.005 0.02 0.16 148 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Annual —————————————————— Worker 0.01 0.01 0.01 0.10 0.00 0.00 0.02 0.02 0.00 < 0.005 < 0.005 —17.5 17.5 < 0.005 < 0.005 0.03 17.8 Vendor < 0.005 < 0.005 0.03 0.01 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 —23.5 23.5 < 0.005 < 0.005 0.03 24.6 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 82 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 17 / 44 3.9. Paving (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite —————————————————— Daily, Summer (Max) —————————————————— Off-Roa d Equipm ent 1.27 1.07 10.5 14.7 0.02 0.54 —0.54 0.49 —0.49 —2,468 2,468 0.10 0.02 —2,476 Paving 1.86 1.86 ———————————————— Onsite truck < 0.005 < 0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 —5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) —————————————————— Off-Roa d Equipm ent 1.27 1.07 10.5 14.7 0.02 0.54 —0.54 0.49 —0.49 —2,468 2,468 0.10 0.02 —2,476 Paving 1.86 1.86 ———————————————— Onsite truck < 0.005 < 0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 —5.60 5.60 < 0.005 < 0.005 < 0.005 5.88 Average Daily —————————————————— Off-Roa d Equipm ent 0.07 0.06 0.57 0.80 < 0.005 0.03 —0.03 0.03 —0.03 —135 135 0.01 < 0.005 —136 Paving 0.10 0.10 ———————————————— Onsite truck < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.04 0.04 < 0.005 < 0.005 < 0.005 —0.30 0.30 < 0.005 < 0.005 < 0.005 0.32 Annual ——————————————————83 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 18 / 44 Off-Roa Equipment 0.01 0.01 0.10 0.15 < 0.005 0.01 —0.01 < 0.005 —< 0.005 —22.4 22.4 < 0.005 < 0.005 —22.5 Paving 0.02 0.02 ———————————————— Onsite truck < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 —0.05 0.05 < 0.005 < 0.005 < 0.005 0.05 Offsite —————————————————— Daily, Summer (Max) —————————————————— Worker 0.08 0.08 0.05 0.91 0.00 0.00 0.12 0.12 0.00 0.03 0.03 —139 139 0.01 0.01 0.60 142 Vendor 0.01 < 0.005 0.15 0.05 < 0.005 < 0.005 0.03 0.03 < 0.005 0.01 0.01 —111 111 < 0.005 0.02 0.29 116 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) —————————————————— Worker 0.08 0.07 0.07 0.69 0.00 0.00 0.12 0.12 0.00 0.03 0.03 —123 123 0.01 0.01 0.02 125 Vendor 0.01 < 0.005 0.16 0.06 < 0.005 < 0.005 0.03 0.03 < 0.005 0.01 0.01 —111 111 < 0.005 0.02 0.01 116 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Average Daily —————————————————— Worker < 0.005 < 0.005 < 0.005 0.04 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 —7.00 7.00 < 0.005 < 0.005 0.01 7.11 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 —6.07 6.07 < 0.005 < 0.005 0.01 6.35 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Annual —————————————————— Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 —1.16 1.16 < 0.005 < 0.005 < 0.005 1.18 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 —1.00 1.00 < 0.005 < 0.005 < 0.005 1.05 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 3.11. Architectural Coating (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e84 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 19 / 44 Onsite —————————————————— Daily, Summer (Max) —————————————————— Off-Roa d Equipm ent 0.17 0.14 0.91 1.15 < 0.005 0.03 —0.03 0.03 —0.03 —134 134 0.01 < 0.005 —134 Architect ural Coating s 28.9 28.9 ———————————————— Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) —————————————————— Average Daily —————————————————— Off-Roa d Equipm ent 0.01 0.01 0.05 0.06 < 0.005 < 0.005 —< 0.005 < 0.005 —< 0.005 —7.32 7.32 < 0.005 < 0.005 —7.34 Architect ural Coating s 1.59 1.59 ———————————————— Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Annual —————————————————— Off-Roa d Equipm ent < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 —< 0.005 < 0.005 —< 0.005 —1.21 1.21 < 0.005 < 0.005 —1.22 Architect ural Coating s 0.29 0.29 ———————————————— 85 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 20 / 44 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Offsite —————————————————— Daily, Summer (Max) —————————————————— Worker 0.04 0.03 0.02 0.39 0.00 0.00 0.06 0.06 0.00 0.01 0.01 —63.6 63.6 < 0.005 < 0.005 0.26 64.6 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) —————————————————— Average Daily —————————————————— Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 —3.20 3.20 < 0.005 < 0.005 0.01 3.25 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Annual —————————————————— Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 —0.53 0.53 < 0.005 < 0.005 < 0.005 0.54 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e 86 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 21 / 44 ——————————————————Daily, Summer (Max) Unrefrig erated Wareho use-No Rail 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 General Office Building 0.95 0.87 1.05 9.20 0.02 0.02 1.71 1.73 0.02 0.43 0.45 —2,206 2,206 0.08 0.10 8.79 2,247 Automo bile Care Center 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Total 0.95 0.87 1.05 9.20 0.02 0.02 1.71 1.73 0.02 0.43 0.45 —2,206 2,206 0.08 0.10 8.79 2,247 Daily, Winter (Max) —————————————————— Unrefrig erated Wareho use-No Rail 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 General Office Building 0.86 0.78 1.21 7.41 0.02 0.02 1.71 1.73 0.02 0.43 0.45 —2,018 2,018 0.08 0.11 0.23 2,052 Automo bile Care Center 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 87 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 22 / 44 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Total 0.86 0.78 1.21 7.41 0.02 0.02 1.71 1.73 0.02 0.43 0.45 —2,018 2,018 0.08 0.11 0.23 2,052 Annual —————————————————— Unrefrig erated Wareho use-No Rail 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 General Office Building 0.14 0.12 0.14 1.19 < 0.005 < 0.005 0.26 0.26 < 0.005 0.07 0.07 —270 270 0.01 0.01 0.52 274 Automo bile Care Center 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 —0.00 0.00 0.00 0.00 0.00 0.00 Total 0.14 0.12 0.14 1.19 < 0.005 < 0.005 0.26 0.26 < 0.005 0.07 0.07 —270 270 0.01 0.01 0.52 274 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— 88 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 23 / 44 418—0.010.07414414————————————Unrefrig erated Wareho Rail General Office Building ————————————87.8 87.8 0.01 < 0.005 —88.7 Automo bile Care Center ————————————79.6 79.6 0.01 < 0.005 —80.4 Parking Lot ————————————282 282 0.05 0.01 —284 Other Asphalt Surfaces ————————————0.00 0.00 0.00 0.00 —0.00 Total ————————————863 863 0.14 0.02 —872 Daily, Winter (Max) —————————————————— Unrefrig erated Wareho use-No Rail ————————————414 414 0.07 0.01 —418 General Office Building ————————————87.8 87.8 0.01 < 0.005 —88.7 Automo bile Care Center ————————————79.6 79.6 0.01 < 0.005 —80.4 Parking Lot ————————————282 282 0.05 0.01 —284 Other Asphalt Surfaces ————————————0.00 0.00 0.00 0.00 —0.00 Total ————————————863 863 0.14 0.02 —872 89 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 24 / 44 Annual — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail — — — — — — — — — — — — 68.6 68.6 0.01 < 0.005 —69.2 General Office Building — — — — — — — — — — — — 14.5 14.5 < 0.005 < 0.005 — 14.7 Automo bile Care Center — — — — — — — — — — — — 13.2 13.2 < 0.005 < 0.005 — 13.3 Parking Lot — — — — — — — — — — — — 46.6 46.6 0.01 < 0.005 — 47.1 Other Asphalt Surfaces — — — — — — — — — — — — 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — — 143 143 0.02 < 0.005 — 144 4.2.3. Natural Gas Emissions By Land Use - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail 0.01 0.01 0.10 0.08 < 0.005 0.01 — 0.01 0.01 — 0.01 — 118 118 0.01 < 0.005 — 118 General Office Building 0.01 < 0.005 0.07 0.06 < 0.005 0.01 — 0.01 0.01 — 0.01 — 85.8 85.8 0.01 < 0.005 — 86.0 90 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 25 / 44 158—< 0.0050.01158158—0.01—0.010.01—0.01< 0.0050.110.130.010.01Automo bile Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.03 0.02 0.30 0.25 < 0.005 0.02 — 0.02 0.02 — 0.02 — 361 361 0.03 < 0.005 — 362 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail 0.01 0.01 0.10 0.08 < 0.005 0.01 — 0.01 0.01 — 0.01 — 118 118 0.01 < 0.005 — 118 General Office Building 0.01 < 0.005 0.07 0.06 < 0.005 0.01 — 0.01 0.01 — 0.01 — 85.8 85.8 0.01 < 0.005 — 86.0 Automo bile Care Center 0.01 0.01 0.13 0.11 < 0.005 0.01 — 0.01 0.01 — 0.01 — 158 158 0.01 < 0.005 — 158 Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.03 0.02 0.30 0.25 < 0.005 0.02 — 0.02 0.02 — 0.02 — 361 361 0.03 < 0.005 — 362 Annual — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail < 0.005 <0.005 0.02 0.02 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 19.5 19.5 < 0.005 < 0.005 — 19.6 91 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 26 / 44 14.2—< 0.005< 0.00514.214.2—< 0.005—< 0.005< 0.005—< 0.005< 0.0050.010.01< 0.005< 0.005General Office Building Automo bile Care Center < 0.005 < 0.005 0.02 0.02 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 26.1 26.1 < 0.005 < 0.005 — 26.2 Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.01 < 0.005 0.06 0.05 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 59.8 59.8 0.01 < 0.005 — 60.0 4.3. Area Emissions by Source 4.3.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Source TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Consum er Product s 1.93 1.93 — — — — — — — — — — — — — — — — Architect ural Coating s 0.16 0.16 — — — — — — — — — — — — — — — — Landsca pe Equipm ent 0.68 0.63 0.03 3.81 < 0.005 0.01 — 0.01 0.01 — 0.01 — 15.7 15.7 < 0.005 < 0.005 — 15.7 Total 2.76 2.71 0.03 3.81 < 0.005 0.01 — 0.01 0.01 — 0.01 — 15.7 15.7 < 0.005 < 0.005 — 15.7 92 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 27 / 44 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Consum er Product s 1.93 1.93 — — — — — — — — — — — — — — — — Architect ural Coating s 0.16 0.16 — — — — — — — — — — — — — — — — Total 2.08 2.08 — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Consum er Product s 0.35 0.35 — — — — — — — — — — — — — — — — Architect ural Coating s 0.03 0.03 — — — — — — — — — — — — — — — — Landsca pe Equipm ent 0.06 0.06 < 0.005 0.34 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.28 1.28 < 0.005 < 0.005 — 1.29 Total 0.44 0.44 < 0.005 0.34 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.28 1.28 < 0.005 < 0.005 — 1.29 4.4. Water Emissions by Land Use 4.4.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — 93 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 28 / 44 Unrefrig Warehouse-No Rail — — — — — — — — — — — 30.6 35.3 65.9 3.14 0.08 — 167 General Office Building — — — — — — — — — — — 2.28 2.64 4.92 0.23 0.01 — 12.5 Automo bile Care Center — — — — — — — — — — — 2.16 2.51 4.68 0.22 0.01 — 11.8 Parking Lot — — — — — — — — — — — 0.00 1.28 1.28 < 0.005 < 0.005 — 1.29 Other Asphalt Surfaces — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — 35.0 41.7 76.7 3.60 0.09 — 192 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail — — — — — — — — — — — 30.6 35.3 65.9 3.14 0.08 — 167 General Office Building — — — — — — — — — — — 2.28 2.64 4.92 0.23 0.01 — 12.5 Automo bile Care Center — — — — — — — — — — — 2.16 2.51 4.68 0.22 0.01 — 11.8 Parking Lot — — — — — — — — — — — 0.00 1.28 1.28 < 0.005 < 0.005 — 1.29 Other Asphalt Surfaces — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — 35.0 41.7 76.7 3.60 0.09 — 192 94 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 29 / 44 Annual — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail — — — — — — — — — — — 5.06 5.84 10.9 0.52 0.01 — 27.6 General Office Building — — — — — — — — — — — 0.38 0.44 0.81 0.04 < 0.005 — 2.06 Automo bile Care Center — — — — — — — — — — — 0.36 0.42 0.77 0.04 < 0.005 — 1.96 Parking Lot — — — — — — — — — — — 0.00 0.21 0.21 < 0.005 < 0.005 — 0.21 Other Asphalt Surfaces — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — 5.80 6.91 12.7 0.60 0.01 — 31.8 4.5. Waste Emissions by Land Use 4.5.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail — — — — — — — — — — — 35.0 0.00 35.0 3.49 0.00 — 122 95 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 30 / 44 11.7—0.000.343.360.003.36———————————General Office Building Automo bile Care Center — — — — — — — — — — — 24.7 0.00 24.7 2.47 0.00 — 86.4 Parking Lot — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Other Asphalt Surfaces — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — 63.0 0.00 63.0 6.30 0.00 — 220 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail — — — — — — — — — — — 35.0 0.00 35.0 3.49 0.00 — 122 General Office Building — — — — — — — — — — — 3.36 0.00 3.36 0.34 0.00 — 11.7 Automo bile Care Center — — — — — — — — — — — 24.7 0.00 24.7 2.47 0.00 — 86.4 Parking Lot — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Other Asphalt Surfaces — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — 63.0 0.00 63.0 6.30 0.00 — 220 Annual — — — — — — — — — — — — — — — — — — 96 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 31 / 44 20.2—0.000.585.790.005.79———————————Unrefrig erated Wareho Rail General Office Building — — — — — — — — — — — 0.56 0.00 0.56 0.06 0.00 — 1.95 Automo bile Care Center — — — — — — — — — — — 4.09 0.00 4.09 0.41 0.00 — 14.3 Parking Lot — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Other Asphalt Surfaces — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — 10.4 0.00 10.4 1.04 0.00 — 36.5 4.6. Refrigerant Emissions by Land Use 4.6.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — General Office Building — — — — — — — — — — — — — — — — 0.02 0.02 Automo bile Care Center — — — — — — — — — — — — — — — — 2,488 2,488 Total — — — — — — — — — — — — — — — — 2,488 2,488 97 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 32 / 44 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — General Office Building — — — — — — — — — — — — — — — — 0.02 0.02 Automo bile Care Center — — — — — — — — — — — — — — — — 2,488 2,488 Total — — — — — — — — — — — — — — — — 2,488 2,488 Annual — — — — — — — — — — — — — — — — — — General Office Building — — — — — — — — — — — — — — — — < 0.005 < 0.005 Automo bile Care Center — — — — — — — — — — — — — — — — 412 412 Total — — — — — — — — — — — — — — — — 412 412 4.7. Offroad Emissions By Equipment Type 4.7.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipm ent Type TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Other Material Handling Equipment 0.42 0.36 3.90 6.74 0.01 0.15 — 0.15 0.13 — 0.13 — 1,041 1,041 0.04 0.01 — 1,044 98 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 33 / 44 Total 0.42 0.36 3.90 6.74 0.01 0.15 — 0.15 0.13 — 0.13 — 1,041 1,041 0.04 0.01 — 1,044 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Other Material Handling Equipment 0.42 0.36 3.90 6.74 0.01 0.15 — 0.15 0.13 — 0.13 — 1,041 1,041 0.04 0.01 — 1,044 Total 0.42 0.36 3.90 6.74 0.01 0.15 — 0.15 0.13 — 0.13 — 1,041 1,041 0.04 0.01 — 1,044 Annual — — — — — — — — — — — — — — — — — — Other Material Handling Equipment 0.06 0.05 0.51 0.88 < 0.005 0.02 — 0.02 0.02 — 0.02 — 123 123 < 0.005 <0.005 — 123 Total 0.06 0.05 0.51 0.88 < 0.005 0.02 — 0.02 0.02 — 0.02 — 123 123 < 0.005 < 0.005 — 123 4.8. Stationary Emissions By Equipment Type 4.8.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipm ent Type TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 99 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 34 / 44 4.9. User Defined Emissions By Equipment Type 4.9.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipm ent Type TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.10. Soil Carbon Accumulation By Vegetation Type 4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetati on TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 100 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 35 / 44 Annual — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Avoided — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Sequest ered — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Remove d — — — — — — — — — — — — — — — — — — 101 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 36 / 44 Subtotal — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Avoided — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Sequest ered — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Remove d — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Avoided — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Sequest ered — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Remove d — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 5. Activity Data 5.1. Construction Schedule Phase Name Phase Type Start Date End Date Days Per Week Work Days per Phase Phase Description Site Preparation Site Preparation 7/1/2023 8/13/2023 5.00 30.0 —102 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 37 / 44 Grading Grading 8/14/2023 9/25/2023 5.00 30.0 — Building Construction Building Construction 10/24/2023 7/3/2024 5.00 182 — Paving Paving 9/26/2023 10/23/2023 5.00 20.0 — Architectural Coating Architectural Coating 7/4/2024 7/31/2024 5.00 20.0 — 5.2. Off-Road Equipment 5.2.1. Unmitigated Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Site Preparation Rubber Tired Dozers Diesel Average 3.00 8.00 367 0.40 Site Preparation Tractors/Loaders/Back hoes Diesel Average 4.00 8.00 84.0 0.37 Grading Excavators Diesel Average 2.00 8.00 158 0.38 Grading Graders Diesel Average 1.00 8.00 148 0.41 Grading Rubber Tired Dozers Diesel Average 1.00 8.00 367 0.40 Grading Scrapers Diesel Average 2.00 8.00 423 0.48 Grading Tractors/Loaders/Back hoes Diesel Average 3.00 8.80 84.0 0.37 Building Construction Cranes Diesel Average 1.00 7.00 367 0.29 Building Construction Forklifts Diesel Average 3.00 8.00 82.0 0.20 Building Construction Generator Sets Diesel Average 1.00 8.00 14.0 0.74 Building Construction Tractors/Loaders/Back hoes Diesel Average 3.00 7.00 84.0 0.37 Building Construction Welders Diesel Average 1.00 8.00 46.0 0.45 Paving Pavers Diesel Average 2.00 8.00 130 0.42 Paving Paving Equipment Diesel Average 2.00 8.00 132 0.36 Paving Rollers Diesel Average 2.00 8.00 80.0 0.38 Architectural Coating Air Compressors Diesel Average 1.00 6.00 37.0 0.48 103 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 38 / 44 5.3. Construction Vehicles 5.3.1. Unmitigated Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix Site Preparation ———— Site Preparation Worker 17.5 11.4 LDA,LDT1,LDT2 Site Preparation Vendor —8.53 HHDT,MHDT Site Preparation Hauling 0.00 20.0 HHDT Site Preparation Onsite truck 2.00 0.25 HHDT Grading ———— Grading Worker 22.5 11.4 LDA,LDT1,LDT2 Grading Vendor 2.00 8.53 HHDT,MHDT Grading Hauling 0.00 20.0 HHDT Grading Onsite truck 2.00 0.25 HHDT Building Construction ———— Building Construction Worker 35.0 11.4 LDA,LDT1,LDT2 Building Construction Vendor 14.4 8.53 HHDT,MHDT Building Construction Hauling 0.00 20.0 HHDT Building Construction Onsite truck ——HHDT Paving ———— Paving Worker 15.0 11.4 LDA,LDT1,LDT2 Paving Vendor 4.00 8.53 HHDT,MHDT Paving Hauling 0.00 20.0 HHDT Paving Onsite truck 2.00 0.25 HHDT Architectural Coating ———— Architectural Coating Worker 6.99 11.4 LDA,LDT1,LDT2 Architectural Coating Vendor —8.53 HHDT,MHDT Architectural Coating Hauling 0.00 20.0 HHDT 104 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 39 / 44 Architectural Coating Onsite truck ——HHDT 5.4. Vehicles 5.4.1. Construction Vehicle Control Strategies Non-applicable. No control strategies activated by user. 5.5. Architectural Coatings Phase Name Residential Interior Area Coated (sq ft) Residential Exterior Area Coated (sq ft) Non-Residential Interior Area Coated (sq ft) Non-Residential Exterior Area Coated (sq ft) Parking Area Coated (sq ft) Architectural Coating 0.00 0.00 131,550 43,850 37,139 5.6. Dust Mitigation 5.6.1. Construction Earthmoving Activities Phase Name Material Imported (cy)Material Exported (cy)Acres Graded (acres)Material Demolished (sq. ft.)Acres Paved (acres) Site Preparation ——45.0 0.00 — Grading ——90.0 0.00 — Paving 0.00 0.00 0.00 0.00 14.2 5.6.2. Construction Earthmoving Control Strategies Control Strategies Applied Frequency (per day)PM10 Reduction PM2.5 Reduction Water Exposed Area 2 61%61% 5.7. Construction Paving Land Use Area Paved (acres)% Asphalt Unrefrigerated Warehouse-No Rail 0.00 0% General Office Building 0.00 0% 105 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 40 / 44 Automobile Care Center 0.00 0% Parking Lot 13.2 100% Other Asphalt Surfaces 1.00 100% 5.8. Construction Electricity Consumption and Emissions Factors kWh per Year and Emission Factor (lb/MWh) Year kWh per Year CO2 CH4 N2O 2023 0.00 204 0.03 < 0.005 2024 0.00 204 0.03 < 0.005 5.9. Operational Mobile Sources 5.9.1. Unmitigated Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Year VMT/Weekday VMT/Saturday VMT/Sunday VMT/Year Unrefrigerated Warehouse-No Rail 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 General Office Building 180 180 4.69 56,559 2,417 2,417 63.0 759,468 Automobile Care Center 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.10. Operational Area Sources 5.10.1. Hearths 5.10.1.1. Unmitigated 106 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 41 / 44 5.10.2. Architectural Coatings Residential Interior Area Coated (sq ft) Residential Exterior Area Coated (sq ft) Non-Residential Interior Area Coated (sq ft) Non-Residential Exterior Area Coated (sq ft) Parking Area Coated (sq ft) 0 0.00 131,550 43,850 37,139 5.10.3. Landscape Equipment Season Unit Value Snow Days day/yr 0.00 Summer Days day/yr 180 5.11. Operational Energy Consumption 5.11.1. Unmitigated Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr)CO2 CH4 N2O Natural Gas (kBTU/yr) Unrefrigerated Warehouse-No Rail 741,047 204 0.0330 0.0040 368,056 General Office Building 157,091 204 0.0330 0.0040 267,592 Automobile Care Center 142,370 204 0.0330 0.0040 491,668 Parking Lot 504,075 204 0.0330 0.0040 0.00 Other Asphalt Surfaces 0.00 204 0.0330 0.0040 0.00 5.12. Operational Water and Wastewater Consumption 5.12.1. Unmitigated Land Use Indoor Water (gal/year)Outdoor Water (gal/year) Unrefrigerated Warehouse-No Rail 15,956,250 113,661 General Office Building 1,190,816 11,037 107 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 42 / 44 Automobile Care Center 1,128,973 19,767 Parking Lot 0.00 947,878 Other Asphalt Surfaces 0.00 0.00 5.13. Operational Waste Generation 5.13.1. Unmitigated Land Use Waste (ton/year)Cogeneration (kWh/year) Unrefrigerated Warehouse-No Rail 64.9 — General Office Building 6.23 — Automobile Care Center 45.8 — Parking Lot 0.00 — Other Asphalt Surfaces 0.00 — 5.14. Operational Refrigeration and Air Conditioning Equipment 5.14.1. Unmitigated Land Use Type Equipment Type Refrigerant GWP Quantity (kg)Operations Leak Rate Service Leak Rate Times Serviced General Office Building Household refrigerators and/or freezers R-134a 1,430 0.02 0.60 0.00 1.00 General Office Building Other commercial A/C and heat pumps R-410A 2,088 < 0.005 4.00 4.00 18.0 Automobile Care Center Other commercial A/C and heat pumps R-410A 2,088 < 0.005 4.00 4.00 18.0 Automobile Care Center Supermarket refrigeration and condensing units R-404A 3,922 26.5 16.5 16.5 18.0 5.15. Operational Off-Road Equipment 108 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 43 / 44 5.15.1. Unmitigated Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Other Material Handling Equipment Diesel Average 3.00 8.00 93.0 0.40 5.16. Stationary Sources 5.16.1. Emergency Generators and Fire Pumps Equipment Type Fuel Type Number per Day Hours per Day Hours per Year Horsepower Load Factor 5.16.2. Process Boilers Equipment Type Fuel Type Number Boiler Rating (MMBtu/hr)Daily Heat Input (MMBtu/day)Annual Heat Input (MMBtu/yr) 5.17. User Defined Equipment Type Fuel Type —— 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated 109 Central Transport - Construction and Operations (Passenger Vehicles + Building) Custom Report, 11/12/2024 44 / 44 Biomass Cover Type Initial Acres Final Acres 8. User Changes to Default Data Screen Justification Construction: Construction Phases Earliest anticipated construction schedule per applicant: July 2023 – July 2024 Construction: Off-Road Equipment The horsepower hours for select pieces of equipment were increased to match the default values from CalEEMod 2020 to provide a conservative estimate of emissions. Overall equipment HP usage hours for tractors/loaders/backhoes during the building construction phase were increased to match default usage hours, as the default construction schedule was reduced. Operations: Vehicle Data 180 passenger vehicles weekdays and Saturday based on project-specific traffic data (90 entering and 90 exiting) Operations: Fleet Mix Passenger vehicles only (trucks assessed in a separate run) 110 Central Transport - Truck Only Operations Custom Report, 11/12/2024 1 / 5 Central Transport - Truck Only Operations Custom Report Table of Contents 1. Basic Project Information 1.1. Basic Project Information 1.2. Land Use Types 1.3. User-Selected Emission Reduction Measures by Emissions Sector 2. Emissions Summary 2.5. Operations Emissions by Sector, Unmitigated 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated 5. Activity Data 5.9. Operational Mobile Sources 5.9.1. Unmitigated 8. User Changes to Default Data 111 Central Transport - Truck Only Operations Custom Report, 11/12/2024 2 / 5 1. Basic Project Information 1.1. Basic Project Information Data Field Value Project Name Central Transport - Truck Only Operations Construction Start Date 7/1/2023 Operational Year 2024 Lead Agency — Land Use Scale Project/site Analysis Level for Defaults County Windspeed (m/s)2.70 Precipitation (days)25.4 Location 36.687961, -119.784008 County Fresno City Unincorporated Air District San Joaquin Valley APCD Air Basin San Joaquin Valley TAZ 2490 EDFZ 5 Electric Utility Pacific Gas & Electric Company Gas Utility Pacific Gas & Electric App Version 2022.1.1.28 1.2. Land Use Types Land Use Subtype Size Unit Lot Acreage Building Area (sq ft)Landscape Area (sq ft) Special Landscape Area (sq ft) Population Description User Defined Industrial 1.00 User Defined Unit 0.00 0.00 0.00 ——Truck only run 112 Central Transport - Truck Only Operations Custom Report, 11/12/2024 3 / 5 1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected 2. Emissions Summary 2.5. Operations Emissions by Sector, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Sector TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Mobile 0.78 0.32 24.3 4.39 0.21 0.40 5.75 6.14 0.38 1.54 1.92 — 22,117 22,117 0.43 3.50 54.0 23,224 Area 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Energy 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Water — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Waste — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total 0.78 0.32 24.3 4.39 0.21 0.40 5.75 6.14 0.38 1.54 1.92 0.00 22,117 22,117 0.43 3.50 54.0 23,224 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Mobile 1.18 0.99 2.74 16.0 0.05 0.04 4.46 4.50 0.04 1.13 1.17 — 5,186 5,186 0.15 0.25 0.59 5,264 Area 0.00 0.00 — — — — — — — — — — — — — — — — Energy 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Water — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Waste — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total 1.18 0.99 2.74 16.0 0.05 0.04 4.46 4.50 0.04 1.13 1.17 0.00 5,186 5,186 0.15 0.25 0.59 5,264 Average Daily — — — — — — — — — — — — — — — — — — Mobile 0.77 0.31 25.5 4.41 0.21 0.40 5.67 6.07 0.38 1.53 1.91 — 22,120 22,120 0.43 3.50 23.3 23,196 Area 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 113 Central Transport - Truck Only Operations Custom Report, 11/12/2024 4 / 5 Energy 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Water — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Waste — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total 0.77 0.31 25.5 4.41 0.21 0.40 5.67 6.07 0.38 1.53 1.91 0.00 22,120 22,120 0.43 3.50 23.3 23,196 Annual — — — — — — — — — — — — — — — — — — Mobile 0.14 0.06 4.65 0.80 0.04 0.07 1.04 1.11 0.07 0.28 0.35 — 3,662 3,662 0.07 0.58 3.86 3,840 Area 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Energy 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Water — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Waste — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total 0.14 0.06 4.65 0.80 0.04 0.07 1.04 1.11 0.07 0.28 0.35 0.00 3,662 3,662 0.07 0.58 3.86 3,840 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — User Defined Industrial 0.78 0.32 24.3 4.39 0.21 0.40 5.75 6.14 0.38 1.54 1.92 — 22,117 22,117 0.43 3.50 54.0 23,224 Total 0.78 0.32 24.3 4.39 0.21 0.40 5.75 6.14 0.38 1.54 1.92 — 22,117 22,117 0.43 3.50 54.0 23,224 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — 114 Central Transport - Truck Only Operations Custom Report, 11/12/2024 5 / 5 5,2640.590.250.155,1865,186—1.171.130.044.504.460.040.0516.02.740.991.18User Defined Industrial Total 1.18 0.99 2.74 16.0 0.05 0.04 4.46 4.50 0.04 1.13 1.17 — 5,186 5,186 0.15 0.25 0.59 5,264 Annual — — — — — — — — — — — — — — — — — — User Defined Industrial 0.14 0.06 4.65 0.80 0.04 0.07 1.04 1.11 0.07 0.28 0.35 — 3,662 3,662 0.07 0.58 3.86 3,840 Total 0.14 0.06 4.65 0.80 0.04 0.07 1.04 1.11 0.07 0.28 0.35 — 3,662 3,662 0.07 0.58 3.86 3,840 5. Activity Data 5.9. Operational Mobile Sources 5.9.1. Unmitigated Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Year VMT/Weekday VMT/Saturday VMT/Sunday VMT/Year User Defined Industrial 126 126 126 45,990 6,300 6,300 6,300 2,299,500 8. User Changes to Default Data Screen Justification Construction: Construction Phases Truck only run – zeroed out construction only parameters Operations: Vehicle Data 126 truck trips per day (63 entering and 63 exiting) Truck trip length increased to 50 miles Operations: Fleet Mix 100% HHD truck fleet for truck only run 115 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 1 / 44 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report Table of Contents 1. Basic Project Information 1.1. Basic Project Information 1.2. Land Use Types 1.3. User-Selected Emission Reduction Measures by Emissions Sector 2. Emissions Summary 2.2. Construction Emissions by Year, Unmitigated 2.5. Operations Emissions by Sector, Unmitigated 3. Construction Emissions Details 3.1. Site Preparation (2023) - Unmitigated 3.3. Grading (2023) - Unmitigated 3.5. Building Construction (2023) - Unmitigated 3.7. Building Construction (2024) - Unmitigated 3.9. Paving (2023) - Unmitigated 3.11. Architectural Coating (2024) - Unmitigated 116 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 2 / 44 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated 4.2.3. Natural Gas Emissions By Land Use - Unmitigated 4.3. Area Emissions by Source 4.3.1. Unmitigated 4.4. Water Emissions by Land Use 4.4.1. Unmitigated 4.5. Waste Emissions by Land Use 4.5.1. Unmitigated 4.6. Refrigerant Emissions by Land Use 4.6.1. Unmitigated 4.7. Offroad Emissions By Equipment Type 4.7.1. Unmitigated 4.8. Stationary Emissions By Equipment Type 4.8.1. Unmitigated 117 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 3 / 44 4.9. User Defined Emissions By Equipment Type 4.9.1. Unmitigated 4.10. Soil Carbon Accumulation By Vegetation Type 4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated 4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated 4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated 5. Activity Data 5.1. Construction Schedule 5.2. Off-Road Equipment 5.2.1. Unmitigated 5.3. Construction Vehicles 5.3.1. Unmitigated 5.4. Vehicles 5.4.1. Construction Vehicle Control Strategies 5.5. Architectural Coatings 5.6. Dust Mitigation 5.6.1. Construction Earthmoving Activities 5.6.2. Construction Earthmoving Control Strategies 118 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 4 / 44 5.7. Construction Paving 5.8. Construction Electricity Consumption and Emissions Factors 5.9. Operational Mobile Sources 5.9.1. Unmitigated 5.10. Operational Area Sources 5.10.1. Hearths 5.10.1.1. Unmitigated 5.10.2. Architectural Coatings 5.10.3. Landscape Equipment 5.11. Operational Energy Consumption 5.11.1. Unmitigated 5.12. Operational Water and Wastewater Consumption 5.12.1. Unmitigated 5.13. Operational Waste Generation 5.13.1. Unmitigated 5.14. Operational Refrigeration and Air Conditioning Equipment 5.14.1. Unmitigated 5.15. Operational Off-Road Equipment 119 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 5 / 44 5.15.1. Unmitigated 5.16. Stationary Sources 5.16.1. Emergency Generators and Fire Pumps 5.16.2. Process Boilers 5.17. User Defined 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated 5.18.2. Sequestration 5.18.2.1. Unmitigated 8. User Changes to Default Data 120 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 6 / 44 1. Basic Project Information 1.1. Basic Project Information Data Field Value Project Name Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Construction Start Date 7/1/2023 Operational Year 2024 Lead Agency — Land Use Scale Project/site Analysis Level for Defaults County Windspeed (m/s)2.70 Precipitation (days)25.4 Location 36.687961, -119.784008 County Fresno City Unincorporated Air District San Joaquin Valley APCD Air Basin San Joaquin Valley TAZ 2490 EDFZ 5 Electric Utility Pacific Gas & Electric Company Gas Utility Pacific Gas & Electric App Version 2022.1.1.28 1.2. Land Use Types Land Use Subtype Size Unit Lot Acreage Building Area (sq ft)Landscape Area (sq ft) Special Landscape Area (sq ft) Population Description Unrefrigerated Warehouse-No Rail 69.0 1000sqft 1.58 69,000 8,280 ——Cross-dock transfer platform 121 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 7 / 44 General Office Building 6.70 1000sqft 0.15 6,700 804 ——3,200 administrative office + 3,500 office Automobile Care Center 12.0 1000sqft 0.28 12,000 1,440 ——Maintenance shop Parking Lot 13.2 Acre 13.2 0.00 69,051 ——Parking and site paving Other Asphalt Surfaces 1.00 Acre 1.00 0.00 0.00 ——One (1) additional acre added to account for off-site improvements 1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected 2. Emissions Summary 2.2. Construction Emissions by Year, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Year TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily - Summer (Max) — — — — — — — — — — — — — — — — — — 2023 4.92 4.15 40.4 38.7 0.07 1.81 8.41 10.2 1.66 4.01 5.68 — 7,835 7,835 0.32 0.07 0.05 7,863 2024 29.1 29.1 11.4 13.6 0.02 0.50 0.02 0.52 0.46 < 0.005 0.46 — 2,456 2,456 0.11 0.03 0.12 2,467 Daily - Winter (Max) — — — — — — — — — — — — — — — — — — 2023 3.20 2.99 12.0 15.0 0.02 0.55 0.74 1.28 0.51 0.08 0.57 — 2,492 2,492 0.11 0.03 < 0.005 2,502 2024 1.58 1.34 11.4 13.8 0.02 0.50 0.02 0.52 0.46 < 0.005 0.46 — 2,455 2,455 0.11 0.03 < 0.005 2,466 Average Daily — — — — — — — — — — — — — — — — — — 2023 1.20 1.02 8.80 8.79 0.01 0.40 1.08 1.48 0.37 0.46 0.82 — 1,549 1,549 0.07 0.01 0.01 1,555122 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 8 / 44 2024 2.17 2.08 4.19 5.02 0.01 0.18 0.01 0.19 0.17 < 0.005 0.17 — 896 896 0.04 0.01 0.02 901 Annual — — — — — — — — — — — — — — — — — — 2023 0.22 0.19 1.61 1.60 < 0.005 0.07 0.20 0.27 0.07 0.08 0.15 — 256 256 0.01 < 0.005 < 0.005 257 2024 0.40 0.38 0.76 0.92 < 0.005 0.03 < 0.005 0.03 0.03 < 0.005 0.03 — 148 148 0.01 < 0.005 < 0.005 149 2.5. Operations Emissions by Sector, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Sector TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Mobile 0.66 0.65 0.22 1.51 < 0.005 < 0.005 0.06 0.07 < 0.005 0.02 0.02 — 118 118 0.03 0.02 0.33 125 Area 2.76 2.71 0.03 3.81 < 0.005 0.01 — 0.01 0.01 — 0.01 — 15.7 15.7 < 0.005 < 0.005 — 15.7 Energy 0.03 0.02 0.30 0.25 < 0.005 0.02 — 0.02 0.02 — 0.02 — 1,224 1,224 0.17 0.02 — 1,234 Water — — — — — — — — — — — 35.0 41.7 76.7 3.60 0.09 — 192 Waste — — — — — — — — — — — 63.0 0.00 63.0 6.30 0.00 — 220 Refrig. — — — — — — — — — — — — — — — — 2,488 2,488 Off-Roa d 0.42 0.36 3.90 6.74 0.01 0.15 — 0.15 0.13 — 0.13 — 1,041 1,041 0.04 0.01 — 1,044 Total 3.88 3.73 4.46 12.3 0.01 0.17 0.06 0.24 0.16 0.02 0.18 98.0 2,441 2,539 10.1 0.13 2,488 5,319 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Mobile 0.57 0.55 0.25 1.95 < 0.005 < 0.005 0.06 0.07 < 0.005 0.02 0.02 — 112 112 0.04 0.02 0.01 119 Area 2.08 2.08 — — — — — — — — — — — — — — — — Energy 0.03 0.02 0.30 0.25 < 0.005 0.02 — 0.02 0.02 — 0.02 — 1,224 1,224 0.17 0.02 — 1,234 Water — — — — — — — — — — — 35.0 41.7 76.7 3.60 0.09 — 192 Waste — — — — — — — — — — — 63.0 0.00 63.0 6.30 0.00 — 220 Refrig. — — — — — — — — — — — — — — — — 2,488 2,488 123 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 9 / 44 1,044—0.010.041,0411,041—0.13—0.130.15—0.150.016.743.900.360.42Off-Roa d Total 3.12 3.01 4.46 8.95 0.01 0.17 0.06 0.23 0.16 0.02 0.17 98.0 2,419 2,517 10.1 0.13 2,488 5,298 Average Daily — — — — — — — — — — — — — — — — — — Mobile 0.50 0.49 0.15 1.40 < 0.005 < 0.005 0.05 0.05 < 0.005 0.01 0.01 — 86.9 86.9 0.03 0.01 0.12 91.8 Area 2.42 2.39 0.02 1.88 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 7.73 7.73 < 0.005 < 0.005 — 7.76 Energy 0.03 0.02 0.30 0.25 < 0.005 0.02 — 0.02 0.02 — 0.02 — 1,224 1,224 0.17 0.02 — 1,234 Water — — — — — — — — — — — 35.0 41.7 76.7 3.60 0.09 — 192 Waste — — — — — — — — — — — 63.0 0.00 63.0 6.30 0.00 — 220 Refrig. — — — — — — — — — — — — — — — — 2,488 2,488 Off-Roa d 0.30 0.25 2.78 4.80 0.01 0.10 — 0.10 0.10 — 0.10 — 741 741 0.03 0.01 — 744 Total 3.25 3.15 3.25 8.34 0.01 0.13 0.05 0.18 0.12 0.01 0.14 98.0 2,102 2,200 10.1 0.12 2,488 4,978 Annual — — — — — — — — — — — — — — — — — — Mobile 0.09 0.09 0.03 0.26 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 14.4 14.4 < 0.005 < 0.005 0.02 15.2 Area 0.44 0.44 < 0.005 0.34 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.28 1.28 < 0.005 < 0.005 — 1.29 Energy 0.01 < 0.005 0.06 0.05 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 203 203 0.03 < 0.005 — 204 Water — — — — — — — — — — — 5.80 6.91 12.7 0.60 0.01 — 31.8 Waste — — — — — — — — — — — 10.4 0.00 10.4 1.04 0.00 — 36.5 Refrig. — — — — — — — — — — — — — — — — 412 412 Off-Roa d 0.06 0.05 0.51 0.88 < 0.005 0.02 — 0.02 0.02 — 0.02 — 123 123 < 0.005 < 0.005 — 123 Total 0.59 0.57 0.59 1.52 < 0.005 0.02 0.01 0.03 0.02 < 0.005 0.02 16.2 348 364 1.68 0.02 412 824 3. Construction Emissions Details 3.1. Site Preparation (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) 124 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 10 / 44 Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 4.70 3.95 39.7 35.5 0.05 1.81 — 1.81 1.66 — 1.66 — 5,295 5,295 0.21 0.04 — 5,314 Dust From Material Movement —— — — — — 7.67 7.67 — 3.94 3.94 — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.39 0.32 3.27 2.92 < 0.005 0.15 — 0.15 0.14 — 0.14 — 435 435 0.02 < 0.005 — 437 Dust From Material Movement —— — — — — 0.63 0.63 — 0.32 0.32 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 — 0.46 0.46 < 0.005 < 0.005 < 0.005 0.48 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.07 0.06 0.60 0.53 < 0.005 0.03 — 0.03 0.02 — 0.02 — 72.1 72.1 < 0.005 < 0.005 — 72.3 125 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 11 / 44 ———————0.060.06—0.110.11——————Dust From Material Movement Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 0.08 0.08 < 0.005 < 0.005 < 0.005 0.08 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.08 0.08 0.02 0.21 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 10.2 10.2 < 0.005 < 0.005 0.03 10.9 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.80 0.80 < 0.005 < 0.005 < 0.005 0.85 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.13 0.13 < 0.005 < 0.005 < 0.005 0.14 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.3. Grading (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — 126 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 12 / 44 ——————————————————Daily, Summer (Max) Off-Roa d Equipm ent 4.81 4.05 40.3 38.4 0.07 1.76 — 1.76 1.62 — 1.62 — 7,811 7,811 0.32 0.06 — 7,838 Dust From Material Movement —— — — — — 3.59 3.59 — 1.42 1.42 — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.40 0.33 3.32 3.15 0.01 0.14 — 0.14 0.13 — 0.13 — 642 642 0.03 0.01 — 644 Dust From Material Movement —— — — — — 0.30 0.30 — 0.12 0.12 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 — 0.46 0.46 < 0.005 < 0.005 < 0.005 0.48 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.07 0.06 0.61 0.58 < 0.005 0.03 — 0.03 0.02 — 0.02 — 106 106 < 0.005 < 0.005 — 107 Dust From Material Movement —— — — — — 0.05 0.05 — 0.02 0.02 — — — — — — — 127 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 13 / 44 0.08< 0.005< 0.005< 0.0050.080.08—< 0.005< 0.005< 0.0050.010.01< 0.005< 0.005< 0.005< 0.005< 0.005< 0.005Onsite truck Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.11 0.10 0.02 0.27 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 13.2 13.2 < 0.005 < 0.005 0.04 14.0 Vendor < 0.005 < 0.005 0.02 0.02 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 5.43 5.43 < 0.005 < 0.005 0.01 5.69 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 < 0.005 0.03 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 1.03 1.03 < 0.005 < 0.005 < 0.005 1.10 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 0.45 0.45 < 0.005 < 0.005 < 0.005 0.47 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.17 0.17 < 0.005 < 0.005 < 0.005 0.18 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 0.07 0.07 < 0.005 < 0.005 < 0.005 0.08 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.5. Building Construction (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — 128 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 14 / 44 Off-Roa Equipment 1.50 1.26 11.8 13.2 0.02 0.55 — 0.55 0.51 — 0.51 — 2,397 2,397 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.20 0.17 1.59 1.78 < 0.005 0.07 — 0.07 0.07 — 0.07 — 324 324 0.01 < 0.005 — 325 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.04 0.03 0.29 0.32 < 0.005 0.01 — 0.01 0.01 — 0.01 — 53.6 53.6 < 0.005 < 0.005 — 53.8 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.14 0.14 0.04 0.56 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 19.1 19.1 0.01 < 0.005 < 0.005 20.4 Vendor 0.01 0.01 0.18 0.12 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 39.4 39.4 < 0.005 0.01 < 0.005 41.2 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker 0.02 0.02 < 0.005 0.06 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 2.62 2.62 < 0.005 < 0.005 < 0.005 2.80 Vendor < 0.005 < 0.005 0.02 0.02 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 5.29 5.29 < 0.005 < 0.005 < 0.005 5.54 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 129 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 15 / 44 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.43 0.43 < 0.005 < 0.005 < 0.005 0.46 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 0.88 0.88 < 0.005 < 0.005 < 0.005 0.92 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.7. Building Construction (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 1.44 1.20 11.2 13.1 0.02 0.50 — 0.50 0.46 — 0.46 — 2,398 2,398 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 1.44 1.20 11.2 13.1 0.02 0.50 — 0.50 0.46 — 0.46 — 2,398 2,398 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.52 0.44 4.06 4.75 0.01 0.18 — 0.18 0.17 — 0.17 — 868 868 0.04 0.01 — 871 130 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 16 / 44 0.000.000.000.000.000.00—0.000.000.000.000.000.000.000.000.000.000.00Onsite truck Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.09 0.08 0.74 0.87 < 0.005 0.03 — 0.03 0.03 — 0.03 — 144 144 0.01 < 0.005 — 144 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.15 0.15 0.03 0.39 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 20.0 20.0 0.01 < 0.005 0.06 21.3 Vendor 0.01 0.01 0.17 0.11 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 38.4 38.4 < 0.005 0.01 0.06 40.2 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.13 0.13 0.04 0.52 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 18.7 18.7 0.01 < 0.005 < 0.005 20.0 Vendor 0.01 0.01 0.18 0.12 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 38.8 38.8 < 0.005 0.01 < 0.005 40.5 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker 0.05 0.05 0.01 0.16 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 6.88 6.88 < 0.005 < 0.005 0.01 7.34 Vendor < 0.005 < 0.005 0.06 0.04 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 14.0 14.0 < 0.005 < 0.005 0.01 14.6 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 < 0.005 0.03 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 1.14 1.14 < 0.005 < 0.005 < 0.005 1.22 Vendor < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 2.31 2.31 < 0.005 < 0.005 < 0.005 2.42 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 131 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 17 / 44 3.9. Paving (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 1.27 1.07 10.5 14.7 0.02 0.54 — 0.54 0.49 — 0.49 — 2,468 2,468 0.10 0.02 — 2,476 Paving 1.86 1.86 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 1.27 1.07 10.5 14.7 0.02 0.54 — 0.54 0.49 — 0.49 — 2,468 2,468 0.10 0.02 — 2,476 Paving 1.86 1.86 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.60 5.60 < 0.005 < 0.005 < 0.005 5.88 Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.07 0.06 0.57 0.80 < 0.005 0.03 — 0.03 0.03 — 0.03 — 135 135 0.01 < 0.005 — 136 Paving 0.10 0.10 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.04 0.04 < 0.005 < 0.005 < 0.005 — 0.30 0.30 < 0.005 < 0.005 < 0.005 0.32 Annual — — — — — — — — — — — — — — — — — —132 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 18 / 44 Off-Roa Equipment 0.01 0.01 0.10 0.15 < 0.005 0.01 — 0.01 < 0.005 — < 0.005 — 22.4 22.4 < 0.005 < 0.005 — 22.5 Paving 0.02 0.02 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 0.05 0.05 < 0.005 < 0.005 < 0.005 0.05 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.07 0.07 0.01 0.18 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 8.78 8.78 < 0.005 < 0.005 0.03 9.33 Vendor < 0.005 < 0.005 0.05 0.03 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 10.9 10.9 < 0.005 < 0.005 0.02 11.4 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.06 0.06 0.02 0.24 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 8.21 8.21 < 0.005 < 0.005 < 0.005 8.77 Vendor < 0.005 < 0.005 0.05 0.03 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 11.0 11.0 < 0.005 < 0.005 < 0.005 11.5 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.46 0.46 < 0.005 < 0.005 < 0.005 0.49 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 0.60 0.60 < 0.005 < 0.005 < 0.005 0.63 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.08 0.08 < 0.005 < 0.005 < 0.005 0.08 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 0.10 0.10 < 0.005 < 0.005 < 0.005 0.10 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.11. Architectural Coating (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e133 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 19 / 44 Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.17 0.14 0.91 1.15 < 0.005 0.03 — 0.03 0.03 — 0.03 — 134 134 0.01 < 0.005 — 134 Architect ural Coating s 28.9 28.9 — — — — — — — — — — — — — — — — Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.01 0.01 0.05 0.06 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 7.32 7.32 < 0.005 < 0.005 — 7.34 Architect ural Coating s 1.59 1.59 — — — — — — — — — — — — — — — — Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.21 1.21 < 0.005 < 0.005 — 1.22 Architect ural Coating s 0.29 0.29 — — — — — — — — — — — — — — — — 134 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 20 / 44 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.03 0.03 0.01 0.08 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 4.01 4.01 < 0.005 < 0.005 0.01 4.26 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.21 0.21 < 0.005 < 0.005 < 0.005 0.22 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.03 0.03 < 0.005 < 0.005 < 0.005 0.04 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e 135 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 21 / 44 ——————————————————Daily, Summer (Max) Unrefrig erated Wareho use-No Rail 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 General Office Building 0.66 0.65 0.22 1.51 < 0.005 < 0.005 0.06 0.07 < 0.005 0.02 0.02 — 118 118 0.03 0.02 0.33 125 Automo bile Care Center 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Total 0.66 0.65 0.22 1.51 < 0.005 < 0.005 0.06 0.07 < 0.005 0.02 0.02 — 118 118 0.03 0.02 0.33 125 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 General Office Building 0.57 0.55 0.25 1.95 < 0.005 < 0.005 0.06 0.07 < 0.005 0.02 0.02 — 112 112 0.04 0.02 0.01 119 Automo bile Care Center 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 136 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 22 / 44 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Total 0.57 0.55 0.25 1.95 < 0.005 < 0.005 0.06 0.07 < 0.005 0.02 0.02 — 112 112 0.04 0.02 0.01 119 Annual — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 General Office Building 0.09 0.09 0.03 0.26 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 14.4 14.4 < 0.005 < 0.005 0.02 15.2 Automo bile Care Center 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Total 0.09 0.09 0.03 0.26 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 14.4 14.4 < 0.005 < 0.005 0.02 15.2 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — 137 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 23 / 44 418—0.010.07414414————————————Unrefrig erated Wareho Rail General Office Building — — — — — — — — — — — — 87.8 87.8 0.01 < 0.005 — 88.7 Automo bile Care Center — — — — — — — — — — — — 79.6 79.6 0.01 < 0.005 — 80.4 Parking Lot — — — — — — — — — — — — 282 282 0.05 0.01 — 284 Other Asphalt Surfaces — — — — — — — — — — — — 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — — 863 863 0.14 0.02 — 872 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail — — — — — — — — — — — — 414 414 0.07 0.01 — 418 General Office Building — — — — — — — — — — — — 87.8 87.8 0.01 < 0.005 — 88.7 Automo bile Care Center — — — — — — — — — — — — 79.6 79.6 0.01 < 0.005 — 80.4 Parking Lot — — — — — — — — — — — — 282 282 0.05 0.01 — 284 Other Asphalt Surfaces — — — — — — — — — — — — 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — — 863 863 0.14 0.02 — 872138 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 24 / 44 Annual — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail — — — — — — — — — — — — 68.6 68.6 0.01 < 0.005 —69.2 General Office Building — — — — — — — — — — — — 14.5 14.5 < 0.005 < 0.005 — 14.7 Automo bile Care Center — — — — — — — — — — — — 13.2 13.2 < 0.005 < 0.005 — 13.3 Parking Lot — — — — — — — — — — — — 46.6 46.6 0.01 < 0.005 — 47.1 Other Asphalt Surfaces — — — — — — — — — — — — 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — — 143 143 0.02 < 0.005 — 144 4.2.3. Natural Gas Emissions By Land Use - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail 0.01 0.01 0.10 0.08 < 0.005 0.01 — 0.01 0.01 — 0.01 — 118 118 0.01 < 0.005 — 118 General Office Building 0.01 < 0.005 0.07 0.06 < 0.005 0.01 — 0.01 0.01 — 0.01 — 85.8 85.8 0.01 < 0.005 — 86.0 139 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 25 / 44 158—< 0.0050.01158158—0.01—0.010.01—0.01< 0.0050.110.130.010.01Automo bile Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.03 0.02 0.30 0.25 < 0.005 0.02 — 0.02 0.02 — 0.02 — 361 361 0.03 < 0.005 — 362 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail 0.01 0.01 0.10 0.08 < 0.005 0.01 — 0.01 0.01 — 0.01 — 118 118 0.01 < 0.005 — 118 General Office Building 0.01 < 0.005 0.07 0.06 < 0.005 0.01 — 0.01 0.01 — 0.01 — 85.8 85.8 0.01 < 0.005 — 86.0 Automo bile Care Center 0.01 0.01 0.13 0.11 < 0.005 0.01 — 0.01 0.01 — 0.01 — 158 158 0.01 < 0.005 — 158 Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.03 0.02 0.30 0.25 < 0.005 0.02 — 0.02 0.02 — 0.02 — 361 361 0.03 < 0.005 — 362 Annual — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail < 0.005 <0.005 0.02 0.02 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 19.5 19.5 < 0.005 < 0.005 — 19.6 140 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 26 / 44 14.2—< 0.005< 0.00514.214.2—< 0.005—< 0.005< 0.005—< 0.005< 0.0050.010.01< 0.005< 0.005General Office Building Automo bile Care Center < 0.005 < 0.005 0.02 0.02 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 26.1 26.1 < 0.005 < 0.005 — 26.2 Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.01 < 0.005 0.06 0.05 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 59.8 59.8 0.01 < 0.005 — 60.0 4.3. Area Emissions by Source 4.3.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Source TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Consum er Product s 1.93 1.93 — — — — — — — — — — — — — — — — Architect ural Coating s 0.16 0.16 — — — — — — — — — — — — — — — — Landsca pe Equipm ent 0.68 0.63 0.03 3.81 < 0.005 0.01 — 0.01 0.01 — 0.01 — 15.7 15.7 < 0.005 < 0.005 — 15.7 Total 2.76 2.71 0.03 3.81 < 0.005 0.01 — 0.01 0.01 — 0.01 — 15.7 15.7 < 0.005 < 0.005 — 15.7 141 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 27 / 44 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Consum er Product s 1.93 1.93 — — — — — — — — — — — — — — — — Architect ural Coating s 0.16 0.16 — — — — — — — — — — — — — — — — Total 2.08 2.08 — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Consum er Product s 0.35 0.35 — — — — — — — — — — — — — — — — Architect ural Coating s 0.03 0.03 — — — — — — — — — — — — — — — — Landsca pe Equipm ent 0.06 0.06 < 0.005 0.34 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.28 1.28 < 0.005 < 0.005 — 1.29 Total 0.44 0.44 < 0.005 0.34 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.28 1.28 < 0.005 < 0.005 — 1.29 4.4. Water Emissions by Land Use 4.4.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — 142 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 28 / 44 Unrefrig Warehouse-No Rail — — — — — — — — — — — 30.6 35.3 65.9 3.14 0.08 — 167 General Office Building — — — — — — — — — — — 2.28 2.64 4.92 0.23 0.01 — 12.5 Automo bile Care Center — — — — — — — — — — — 2.16 2.51 4.68 0.22 0.01 — 11.8 Parking Lot — — — — — — — — — — — 0.00 1.28 1.28 < 0.005 < 0.005 — 1.29 Other Asphalt Surfaces — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — 35.0 41.7 76.7 3.60 0.09 — 192 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail — — — — — — — — — — — 30.6 35.3 65.9 3.14 0.08 — 167 General Office Building — — — — — — — — — — — 2.28 2.64 4.92 0.23 0.01 — 12.5 Automo bile Care Center — — — — — — — — — — — 2.16 2.51 4.68 0.22 0.01 — 11.8 Parking Lot — — — — — — — — — — — 0.00 1.28 1.28 < 0.005 < 0.005 — 1.29 Other Asphalt Surfaces — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — 35.0 41.7 76.7 3.60 0.09 — 192 143 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 29 / 44 Annual — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail — — — — — — — — — — — 5.06 5.84 10.9 0.52 0.01 — 27.6 General Office Building — — — — — — — — — — — 0.38 0.44 0.81 0.04 < 0.005 — 2.06 Automo bile Care Center — — — — — — — — — — — 0.36 0.42 0.77 0.04 < 0.005 — 1.96 Parking Lot — — — — — — — — — — — 0.00 0.21 0.21 < 0.005 < 0.005 — 0.21 Other Asphalt Surfaces — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — 5.80 6.91 12.7 0.60 0.01 — 31.8 4.5. Waste Emissions by Land Use 4.5.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail — — — — — — — — — — — 35.0 0.00 35.0 3.49 0.00 — 122 144 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 30 / 44 11.7—0.000.343.360.003.36———————————General Office Building Automo bile Care Center — — — — — — — — — — — 24.7 0.00 24.7 2.47 0.00 — 86.4 Parking Lot — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Other Asphalt Surfaces — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — 63.0 0.00 63.0 6.30 0.00 — 220 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Unrefrig erated Wareho use-No Rail — — — — — — — — — — — 35.0 0.00 35.0 3.49 0.00 — 122 General Office Building — — — — — — — — — — — 3.36 0.00 3.36 0.34 0.00 — 11.7 Automo bile Care Center — — — — — — — — — — — 24.7 0.00 24.7 2.47 0.00 — 86.4 Parking Lot — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Other Asphalt Surfaces — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — 63.0 0.00 63.0 6.30 0.00 — 220 Annual — — — — — — — — — — — — — — — — — — 145 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 31 / 44 20.2—0.000.585.790.005.79———————————Unrefrig erated Wareho Rail General Office Building — — — — — — — — — — — 0.56 0.00 0.56 0.06 0.00 — 1.95 Automo bile Care Center — — — — — — — — — — — 4.09 0.00 4.09 0.41 0.00 — 14.3 Parking Lot — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Other Asphalt Surfaces — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total — — — — — — — — — — — 10.4 0.00 10.4 1.04 0.00 — 36.5 4.6. Refrigerant Emissions by Land Use 4.6.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — General Office Building — — — — — — — — — — — — — — — — 0.02 0.02 Automo bile Care Center — — — — — — — — — — — — — — — — 2,488 2,488 Total — — — — — — — — — — — — — — — — 2,488 2,488 146 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 32 / 44 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — General Office Building — — — — — — — — — — — — — — — — 0.02 0.02 Automo bile Care Center — — — — — — — — — — — — — — — — 2,488 2,488 Total — — — — — — — — — — — — — — — — 2,488 2,488 Annual — — — — — — — — — — — — — — — — — — General Office Building — — — — — — — — — — — — — — — — < 0.005 < 0.005 Automo bile Care Center — — — — — — — — — — — — — — — — 412 412 Total — — — — — — — — — — — — — — — — 412 412 4.7. Offroad Emissions By Equipment Type 4.7.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipm ent Type TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Other Material Handling Equipment 0.42 0.36 3.90 6.74 0.01 0.15 — 0.15 0.13 — 0.13 — 1,041 1,041 0.04 0.01 — 1,044 147 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 33 / 44 Total 0.42 0.36 3.90 6.74 0.01 0.15 — 0.15 0.13 — 0.13 — 1,041 1,041 0.04 0.01 — 1,044 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Other Material Handling Equipment 0.42 0.36 3.90 6.74 0.01 0.15 — 0.15 0.13 — 0.13 — 1,041 1,041 0.04 0.01 — 1,044 Total 0.42 0.36 3.90 6.74 0.01 0.15 — 0.15 0.13 — 0.13 — 1,041 1,041 0.04 0.01 — 1,044 Annual — — — — — — — — — — — — — — — — — — Other Material Handling Equipment 0.06 0.05 0.51 0.88 < 0.005 0.02 — 0.02 0.02 — 0.02 — 123 123 < 0.005 <0.005 — 123 Total 0.06 0.05 0.51 0.88 < 0.005 0.02 — 0.02 0.02 — 0.02 — 123 123 < 0.005 < 0.005 — 123 4.8. Stationary Emissions By Equipment Type 4.8.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipm ent Type TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 148 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 34 / 44 4.9. User Defined Emissions By Equipment Type 4.9.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipm ent Type TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.10. Soil Carbon Accumulation By Vegetation Type 4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetati on TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 149 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 35 / 44 Annual — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Avoided — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Sequest ered — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Remove d — — — — — — — — — — — — — — — — — — 150 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 36 / 44 Subtotal — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Avoided — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Sequest ered — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Remove d — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Avoided — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Sequest ered — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Remove d — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 5. Activity Data 5.1. Construction Schedule Phase Name Phase Type Start Date End Date Days Per Week Work Days per Phase Phase Description Site Preparation Site Preparation 7/1/2023 8/13/2023 5.00 30.0 —151 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 37 / 44 Grading Grading 8/14/2023 9/25/2023 5.00 30.0 — Building Construction Building Construction 10/24/2023 7/3/2024 5.00 182 — Paving Paving 9/26/2023 10/23/2023 5.00 20.0 — Architectural Coating Architectural Coating 7/4/2024 7/31/2024 5.00 20.0 — 5.2. Off-Road Equipment 5.2.1. Unmitigated Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Site Preparation Rubber Tired Dozers Diesel Average 3.00 8.00 367 0.40 Site Preparation Tractors/Loaders/Back hoes Diesel Average 4.00 8.00 84.0 0.37 Grading Excavators Diesel Average 2.00 8.00 158 0.38 Grading Graders Diesel Average 1.00 8.00 148 0.41 Grading Rubber Tired Dozers Diesel Average 1.00 8.00 367 0.40 Grading Scrapers Diesel Average 2.00 8.00 423 0.48 Grading Tractors/Loaders/Back hoes Diesel Average 3.00 8.80 84.0 0.37 Building Construction Cranes Diesel Average 1.00 7.00 367 0.29 Building Construction Forklifts Diesel Average 3.00 8.00 82.0 0.20 Building Construction Generator Sets Diesel Average 1.00 8.00 14.0 0.74 Building Construction Tractors/Loaders/Back hoes Diesel Average 3.00 7.00 84.0 0.37 Building Construction Welders Diesel Average 1.00 8.00 46.0 0.45 Paving Pavers Diesel Average 2.00 8.00 130 0.42 Paving Paving Equipment Diesel Average 2.00 8.00 132 0.36 Paving Rollers Diesel Average 2.00 8.00 80.0 0.38 Architectural Coating Air Compressors Diesel Average 1.00 6.00 37.0 0.48 152 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 38 / 44 5.3. Construction Vehicles 5.3.1. Unmitigated Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix Site Preparation ———— Site Preparation Worker 17.5 0.50 LDA,LDT1,LDT2 Site Preparation Vendor —0.50 HHDT,MHDT Site Preparation Hauling 0.00 0.50 HHDT Site Preparation Onsite truck 2.00 0.25 HHDT Grading ———— Grading Worker 22.5 0.50 LDA,LDT1,LDT2 Grading Vendor 2.00 0.50 HHDT,MHDT Grading Hauling 0.00 0.50 HHDT Grading Onsite truck 2.00 0.25 HHDT Building Construction ———— Building Construction Worker 35.0 0.50 LDA,LDT1,LDT2 Building Construction Vendor 14.4 0.50 HHDT,MHDT Building Construction Hauling 0.00 0.50 HHDT Building Construction Onsite truck ——HHDT Paving ———— Paving Worker 15.0 0.50 LDA,LDT1,LDT2 Paving Vendor 4.00 0.50 HHDT,MHDT Paving Hauling 0.00 0.50 HHDT Paving Onsite truck 2.00 0.25 HHDT Architectural Coating ———— Architectural Coating Worker 6.99 0.50 LDA,LDT1,LDT2 Architectural Coating Vendor —0.50 HHDT,MHDT Architectural Coating Hauling 0.00 0.50 HHDT 153 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 39 / 44 Architectural Coating Onsite truck ——HHDT 5.4. Vehicles 5.4.1. Construction Vehicle Control Strategies Non-applicable. No control strategies activated by user. 5.5. Architectural Coatings Phase Name Residential Interior Area Coated (sq ft) Residential Exterior Area Coated (sq ft) Non-Residential Interior Area Coated (sq ft) Non-Residential Exterior Area Coated (sq ft) Parking Area Coated (sq ft) Architectural Coating 0.00 0.00 131,550 43,850 37,139 5.6. Dust Mitigation 5.6.1. Construction Earthmoving Activities Phase Name Material Imported (cy)Material Exported (cy)Acres Graded (acres)Material Demolished (sq. ft.)Acres Paved (acres) Site Preparation ——45.0 0.00 — Grading ——90.0 0.00 — Paving 0.00 0.00 0.00 0.00 14.2 5.6.2. Construction Earthmoving Control Strategies Control Strategies Applied Frequency (per day)PM10 Reduction PM2.5 Reduction Water Exposed Area 2 61%61% 5.7. Construction Paving Land Use Area Paved (acres)% Asphalt Unrefrigerated Warehouse-No Rail 0.00 0% General Office Building 0.00 0% 154 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 40 / 44 Automobile Care Center 0.00 0% Parking Lot 13.2 100% Other Asphalt Surfaces 1.00 100% 5.8. Construction Electricity Consumption and Emissions Factors kWh per Year and Emission Factor (lb/MWh) Year kWh per Year CO2 CH4 N2O 2023 0.00 204 0.03 < 0.005 2024 0.00 204 0.03 < 0.005 5.9. Operational Mobile Sources 5.9.1. Unmitigated Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Year VMT/Weekday VMT/Saturday VMT/Sunday VMT/Year Unrefrigerated Warehouse-No Rail 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 General Office Building 180 180 4.69 56,559 90.0 90.0 2.34 28,279 Automobile Care Center 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Other Asphalt Surfaces 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.10. Operational Area Sources 5.10.1. Hearths 5.10.1.1. Unmitigated 155 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 41 / 44 5.10.2. Architectural Coatings Residential Interior Area Coated (sq ft) Residential Exterior Area Coated (sq ft) Non-Residential Interior Area Coated (sq ft) Non-Residential Exterior Area Coated (sq ft) Parking Area Coated (sq ft) 0 0.00 131,550 43,850 37,139 5.10.3. Landscape Equipment Season Unit Value Snow Days day/yr 0.00 Summer Days day/yr 180 5.11. Operational Energy Consumption 5.11.1. Unmitigated Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr)CO2 CH4 N2O Natural Gas (kBTU/yr) Unrefrigerated Warehouse-No Rail 741,047 204 0.0330 0.0040 368,056 General Office Building 157,091 204 0.0330 0.0040 267,592 Automobile Care Center 142,370 204 0.0330 0.0040 491,668 Parking Lot 504,075 204 0.0330 0.0040 0.00 Other Asphalt Surfaces 0.00 204 0.0330 0.0040 0.00 5.12. Operational Water and Wastewater Consumption 5.12.1. Unmitigated Land Use Indoor Water (gal/year)Outdoor Water (gal/year) Unrefrigerated Warehouse-No Rail 15,956,250 113,661 General Office Building 1,190,816 11,037 156 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 42 / 44 Automobile Care Center 1,128,973 19,767 Parking Lot 0.00 947,878 Other Asphalt Surfaces 0.00 0.00 5.13. Operational Waste Generation 5.13.1. Unmitigated Land Use Waste (ton/year)Cogeneration (kWh/year) Unrefrigerated Warehouse-No Rail 64.9 — General Office Building 6.23 — Automobile Care Center 45.8 — Parking Lot 0.00 — Other Asphalt Surfaces 0.00 — 5.14. Operational Refrigeration and Air Conditioning Equipment 5.14.1. Unmitigated Land Use Type Equipment Type Refrigerant GWP Quantity (kg)Operations Leak Rate Service Leak Rate Times Serviced General Office Building Household refrigerators and/or freezers R-134a 1,430 0.02 0.60 0.00 1.00 General Office Building Other commercial A/C and heat pumps R-410A 2,088 < 0.005 4.00 4.00 18.0 Automobile Care Center Other commercial A/C and heat pumps R-410A 2,088 < 0.005 4.00 4.00 18.0 Automobile Care Center Supermarket refrigeration and condensing units R-404A 3,922 26.5 16.5 16.5 18.0 5.15. Operational Off-Road Equipment 157 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 43 / 44 5.15.1. Unmitigated Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Other Material Handling Equipment Diesel Average 3.00 8.00 93.0 0.40 5.16. Stationary Sources 5.16.1. Emergency Generators and Fire Pumps Equipment Type Fuel Type Number per Day Hours per Day Hours per Year Horsepower Load Factor 5.16.2. Process Boilers Equipment Type Fuel Type Number Boiler Rating (MMBtu/hr)Daily Heat Input (MMBtu/day)Annual Heat Input (MMBtu/yr) 5.17. User Defined Equipment Type Fuel Type —— 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated 158 Construction and Operations (Passenger Vehicles + Building) - Localized Analysis Custom Report, 11/12/2024 44 / 44 Biomass Cover Type Initial Acres Final Acres 5.18.2. Sequestration 5.18.2.1. Unmitigated Tree Type Number Electricity Saved (kWh/year)Natural Gas Saved (btu/year) 8. User Changes to Default Data Screen Justification Construction: Construction Phases Earliest anticipated construction schedule per applicant: July 2023 – July 2024 Construction: Off-Road Equipment The horsepower hours for select pieces of equipment were increased to match the default values from CalEEMod 2020 to provide a conservative estimate of emissions. Overall equipment HP usage hours for tractors/loaders/backhoes during the building construction phase were increased to match default usage hours, as the default construction schedule was reduced. Operations: Vehicle Data 180 passenger vehicles weekdays and Saturday based on project-specific traffic data (90 entering and 90 exiting) Localized run - adjusted operational trip lengths to 0.5 mile to represent on-site and localized emissions only Operations: Fleet Mix Passenger vehicles only (trucks assessed in a separate run) Construction: Trips and VMT Localized run - adjusted off-site construction trip lengths to 0.5 mile to represent on-site and localized emissions only 159 Truck Only Operations - Localized Analysis Custom Report, 11/12/2024 1 / 5 Truck Only Operations - Localized Analysis Custom Report Table of Contents 1. Basic Project Information 1.1. Basic Project Information 1.2. Land Use Types 1.3. User-Selected Emission Reduction Measures by Emissions Sector 2. Emissions Summary 2.5. Operations Emissions by Sector, Unmitigated 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated 5. Activity Data 5.9. Operational Mobile Sources 5.9.1. Unmitigated 8. User Changes to Default Data 160 Truck Only Operations - Localized Analysis Custom Report, 11/12/2024 2 / 5 1. Basic Project Information 1.1. Basic Project Information Data Field Value Project Name Truck Only Operations - Localized Analysis Operational Year 2024 Lead Agency — Land Use Scale Project/site Analysis Level for Defaults County Windspeed (m/s)2.70 Precipitation (days)25.4 Location 36.687961, -119.784008 County Fresno City Unincorporated Air District San Joaquin Valley APCD Air Basin San Joaquin Valley TAZ 2490 EDFZ 5 Electric Utility Pacific Gas & Electric Company Gas Utility Pacific Gas & Electric App Version 2022.1.1.28 1.2. Land Use Types Land Use Subtype Size Unit Lot Acreage Building Area (sq ft)Landscape Area (sq ft) Special Landscape Area (sq ft) Population Description User Defined Industrial 1.00 User Defined Unit 0.00 0.00 0.00 ——Truck only run 161 Truck Only Operations - Localized Analysis Custom Report, 11/12/2024 3 / 5 1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected 2. Emissions Summary 2.5. Operations Emissions by Sector, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Sector TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Mobile 0.14 0.10 2.16 1.46 < 0.005 < 0.005 0.06 0.06 < 0.005 0.02 0.02 — 450 450 0.03 0.07 0.54 472 Area 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Energy 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Water — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Waste — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total 0.14 0.10 2.16 1.46 < 0.005 < 0.005 0.06 0.06 < 0.005 0.02 0.02 0.00 450 450 0.03 0.07 0.54 472 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Mobile 0.13 0.09 2.30 1.50 < 0.005 < 0.005 0.06 0.06 < 0.005 0.02 0.02 — 455 455 0.03 0.07 0.01 478 Area 0.00 0.00 — — — — — — — — — — — — — — — — Energy 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Water — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Waste — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total 0.13 0.09 2.30 1.50 < 0.005 < 0.005 0.06 0.06 < 0.005 0.02 0.02 0.00 455 455 0.03 0.07 0.01 478 Average Daily — — — — — — — — — — — — — — — — — — Mobile 0.14 0.10 2.22 1.48 < 0.005 < 0.005 0.06 0.06 < 0.005 0.02 0.02 — 452 452 0.03 0.07 0.23 474 Area 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 162 Truck Only Operations - Localized Analysis Custom Report, 11/12/2024 4 / 5 Energy 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Water — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Waste — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total 0.14 0.10 2.22 1.48 < 0.005 < 0.005 0.06 0.06 < 0.005 0.02 0.02 0.00 452 452 0.03 0.07 0.23 474 Annual — — — — — — — — — — — — — — — — — — Mobile 0.03 0.02 0.41 0.27 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 74.8 74.8 0.01 0.01 0.04 78.5 Area 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Energy 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Water — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Waste — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Total 0.03 0.02 0.41 0.27 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 0.00 74.8 74.8 0.01 0.01 0.04 78.5 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — User Defined Industrial 0.14 0.10 2.16 1.46 < 0.005 < 0.005 0.06 0.06 < 0.005 0.02 0.02 — 450 450 0.03 0.07 0.54 472 Total 0.14 0.10 2.16 1.46 < 0.005 < 0.005 0.06 0.06 < 0.005 0.02 0.02 — 450 450 0.03 0.07 0.54 472 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — 163 Truck Only Operations - Localized Analysis Custom Report, 11/12/2024 5 / 5 4780.010.070.03455455—0.020.02< 0.0050.060.06< 0.005< 0.0051.502.300.090.13User Defined Industrial Total 0.13 0.09 2.30 1.50 < 0.005 < 0.005 0.06 0.06 < 0.005 0.02 0.02 — 455 455 0.03 0.07 0.01 478 Annual — — — — — — — — — — — — — — — — — — User Defined Industrial 0.03 0.02 0.41 0.27 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 74.8 74.8 0.01 0.01 0.04 78.5 Total 0.03 0.02 0.41 0.27 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 74.8 74.8 0.01 0.01 0.04 78.5 5. Activity Data 5.9. Operational Mobile Sources 5.9.1. Unmitigated Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Year VMT/Weekday VMT/Saturday VMT/Sunday VMT/Year User Defined Industrial 126 126 126 45,990 63.0 63.0 63.0 22,995 8. User Changes to Default Data Screen Justification Construction: Construction Phases Truck only run – zeroed out construction only parameters Operations: Vehicle Data 126 truck trips per day (63 entering and 63 exiting) Localized run -adjusted operational trip lengths to 0.5 mile to represent on-site and localized emissions only Operations: Fleet Mix 100% HHD truck fleet for truck only run 164 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 1 / 35 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report Table of Contents 1. Basic Project Information 1.1. Basic Project Information 1.2. Land Use Types 1.3. User-Selected Emission Reduction Measures by Emissions Sector 2. Emissions Summary 2.2. Construction Emissions by Year, Unmitigated 2.3. Construction Emissions by Year, Mitigated 3. Construction Emissions Details 3.1. Site Preparation (2023) - Unmitigated 3.2. Site Preparation (2023) - Mitigated 3.3. Grading (2023) - Unmitigated 3.4. Grading (2023) - Mitigated 3.5. Building Construction (2023) - Unmitigated 3.6. Building Construction (2023) - Mitigated 165 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 2 / 35 3.7. Building Construction (2024) - Unmitigated 3.8. Building Construction (2024) - Mitigated 3.9. Paving (2023) - Unmitigated 3.10. Paving (2023) - Mitigated 3.11. Architectural Coating (2024) - Unmitigated 3.12. Architectural Coating (2024) - Mitigated 5. Activity Data 5.1. Construction Schedule 5.2. Off-Road Equipment 5.2.1. Unmitigated 5.2.2. Mitigated 5.3. Construction Vehicles 5.3.1. Unmitigated 5.3.2. Mitigated 5.4. Vehicles 5.4.1. Construction Vehicle Control Strategies 5.5. Architectural Coatings 5.6. Dust Mitigation 166 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 3 / 35 5.6.1. Construction Earthmoving Activities 5.6.2. Construction Earthmoving Control Strategies 5.7. Construction Paving 5.8. Construction Electricity Consumption and Emissions Factors 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated 5.18.1.2. Mitigated 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated 5.18.1.2. Mitigated 5.18.2. Sequestration 5.18.2.1. Unmitigated 5.18.2.2. Mitigated 8. User Changes to Default Data 167 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 4 / 35 1. Basic Project Information 1.1. Basic Project Information Data Field Value Project Name Central Transport - Mitigated Construction (Tier 4 Scenario) Construction Start Date 7/1/2023 Lead Agency — Land Use Scale Project/site Analysis Level for Defaults County Windspeed (m/s)2.70 Precipitation (days)25.4 Location 36.687961, -119.784008 County Fresno City Unincorporated Air District San Joaquin Valley APCD Air Basin San Joaquin Valley TAZ 2490 EDFZ 5 Electric Utility Pacific Gas & Electric Company Gas Utility Pacific Gas & Electric App Version 2022.1.1.28 1.2. Land Use Types Land Use Subtype Size Unit Lot Acreage Building Area (sq ft)Landscape Area (sq ft) Special Landscape Area (sq ft) Population Description Unrefrigerated Warehouse-No Rail 69.0 1000sqft 1.58 69,000 8,280 ——Cross-dock transfer platform 168 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 5 / 35 ——8046,7000.151000sqft6.70General Office Building 3,200 administrative office + 3,500 office Automobile Care Center 12.0 1000sqft 0.28 12,000 1,440 ——Maintenance shop Parking Lot 13.2 Acre 13.2 0.00 69,051 ——Parking and site paving Other Asphalt Surfaces 1.00 Acre 1.00 0.00 0.00 ——One (1) additional acre added to account for off-site improvements 1.3. User-Selected Emission Reduction Measures by Emissions Sector Sector #Measure Title Construction C-5 Use Advanced Engine Tiers 2. Emissions Summary 2.2. Construction Emissions by Year, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Year TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily - Summer (Max) — — — — — — — — — — — — — — — — — — 2023 5.23 4.41 42.3 42.1 0.08 1.83 8.54 10.3 1.68 4.05 5.71 — 8,410 8,410 0.34 0.08 1.51 8,445 2024 29.1 29.1 11.8 15.2 0.03 0.50 0.38 0.89 0.46 0.09 0.56 — 3,108 3,108 0.12 0.09 2.33 3,139 Daily - Winter (Max) — — — — — — — — — — — — — — — — — — 2023 4.34 3.94 18.9 26.1 0.04 0.95 1.01 1.96 0.87 0.14 1.01 — 4,342 4,342 0.18 0.09 0.06 4,365 2024 1.62 1.36 11.9 14.8 0.03 0.50 0.38 0.89 0.46 0.09 0.56 — 3,072 3,072 0.11 0.09 0.06 3,101 169 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 6 / 35 ——————————————————Average Daily 2023 1.29 1.10 9.47 9.89 0.02 0.43 1.17 1.60 0.39 0.48 0.87 — 1,794 1,794 0.07 0.03 0.25 1,804 2024 2.18 2.09 4.35 5.45 0.01 0.18 0.14 0.32 0.17 0.03 0.20 — 1,126 1,126 0.04 0.03 0.37 1,137 Annual — — — — — — — — — — — — — — — — — — 2023 0.24 0.20 1.73 1.80 < 0.005 0.08 0.21 0.29 0.07 0.09 0.16 — 297 297 0.01 < 0.005 0.04 299 2024 0.40 0.38 0.79 0.99 < 0.005 0.03 0.03 0.06 0.03 0.01 0.04 — 186 186 0.01 0.01 0.06 188 2.3. Construction Emissions by Year, Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Year TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily - Summer (Max) — — — — — — — — — — — — — — — — — — 2023 2.64 2.63 25.7 47.5 0.08 0.21 8.54 8.64 0.21 4.05 4.15 — 8,410 8,410 0.34 0.08 1.51 8,445 2024 29.1 29.1 9.87 17.1 0.03 0.13 0.38 0.51 0.12 0.09 0.21 — 3,108 3,108 0.12 0.09 2.33 3,139 Daily - Winter (Max) — — — — — — — — — — — — — — — — — — 2023 2.63 2.60 17.6 29.4 0.04 0.13 1.01 1.14 0.13 0.14 0.27 — 4,342 4,342 0.18 0.09 0.06 4,365 2024 0.82 0.73 9.94 16.7 0.03 0.13 0.38 0.51 0.12 0.09 0.21 — 3,072 3,072 0.11 0.09 0.06 3,101 Average Daily — — — — — — — — — — — — — — — — — — 2023 0.42 0.40 5.65 10.2 0.02 0.05 1.17 1.22 0.05 0.48 0.53 — 1,794 1,794 0.07 0.03 0.25 1,804 2024 1.89 1.86 3.64 6.13 0.01 0.05 0.14 0.19 0.04 0.03 0.08 — 1,126 1,126 0.04 0.03 0.37 1,137 Annual — — — — — — — — — — — — — — — — — — 2023 0.08 0.07 1.03 1.86 < 0.005 0.01 0.21 0.22 0.01 0.09 0.10 — 297 297 0.01 < 0.005 0.04 299 2024 0.35 0.34 0.66 1.12 < 0.005 0.01 0.03 0.03 0.01 0.01 0.01 — 186 186 0.01 0.01 0.06 188 170 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 7 / 35 3. Construction Emissions Details 3.1. Site Preparation (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 4.70 3.95 39.7 35.5 0.05 1.81 — 1.81 1.66 — 1.66 — 5,295 5,295 0.21 0.04 — 5,314 Dust From Material Movement —— — — — — 7.67 7.67 — 3.94 3.94 — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.39 0.32 3.27 2.92 < 0.005 0.15 — 0.15 0.14 — 0.14 — 435 435 0.02 < 0.005 — 437 Dust From Material Movement —— — — — — 0.63 0.63 — 0.32 0.32 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 — 0.46 0.46 < 0.005 < 0.005 < 0.005 0.48 Annual — — — — — — — — — — — — — — — — — —171 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 8 / 35 Off-Roa Equipment 0.07 0.06 0.60 0.53 < 0.005 0.03 — 0.03 0.02 — 0.02 — 72.1 72.1 < 0.005 < 0.005 — 72.3 Dust From Material Movement —— — — — — 0.11 0.11 — 0.06 0.06 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 0.08 0.08 < 0.005 < 0.005 < 0.005 0.08 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.10 0.09 0.06 1.07 0.00 0.00 0.14 0.14 0.00 0.03 0.03 — 162 162 0.01 0.01 0.71 165 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.07 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 12.3 12.3 < 0.005 < 0.005 0.02 12.4 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 2.03 2.03 < 0.005 < 0.005 < 0.005 2.06 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.2. Site Preparation (2023) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —172 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 9 / 35 Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.64 0.64 14.7 28.3 0.05 0.10 — 0.10 0.10 — 0.10 — 5,295 5,295 0.21 0.04 — 5,314 Dust From Material Movement —— — — — — 7.67 7.67 — 3.94 3.94 — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.05 0.05 1.21 2.33 < 0.005 0.01 — 0.01 0.01 — 0.01 — 435 435 0.02 < 0.005 — 437 Dust From Material Movement —— — — — — 0.63 0.63 — 0.32 0.32 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 — 0.46 0.46 < 0.005 < 0.005 < 0.005 0.48 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.01 0.01 0.22 0.42 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 72.1 72.1 < 0.005 < 0.005 — 72.3 Dust From Material Movement —— — — — — 0.11 0.11 — 0.06 0.06 — — — — — — — 173 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 10 / 35 0.08< 0.005< 0.005< 0.0050.080.08—< 0.005< 0.005< 0.0050.010.01< 0.005< 0.005< 0.005< 0.005< 0.005< 0.005Onsite truck Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.10 0.09 0.06 1.07 0.00 0.00 0.14 0.14 0.00 0.03 0.03 — 162 162 0.01 0.01 0.71 165 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.07 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 12.3 12.3 < 0.005 < 0.005 0.02 12.4 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 2.03 2.03 < 0.005 < 0.005 < 0.005 2.06 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.3. Grading (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — 174 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 11 / 35 8,122—0.070.338,0948,094—1.68—1.681.83—1.830.0740.442.14.265.07Off-Roa d Equipm ent Dust From Material Movement —— — — — — 3.59 3.59 — 1.42 1.42 — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.42 0.35 3.46 3.32 0.01 0.15 — 0.15 0.14 — 0.14 — 665 665 0.03 0.01 — 668 Dust From Material Movement —— — — — — 0.30 0.30 — 0.12 0.12 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 — 0.46 0.46 < 0.005 < 0.005 < 0.005 0.48 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.08 0.06 0.63 0.61 < 0.005 0.03 — 0.03 0.03 — 0.03 — 110 110 < 0.005 < 0.005 — 111 Dust From Material Movement —— — — — — 0.05 0.05 — 0.02 0.02 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 0.08 0.08 < 0.005 < 0.005 < 0.005 0.08 Offsite — — — — — — — — — — — — — — — — — — 175 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 12 / 35 Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.15 0.15 0.10 1.68 0.00 0.00 0.22 0.22 0.00 0.05 0.05 — 255 255 0.01 0.01 1.11 260 Vendor < 0.005 < 0.005 0.07 0.03 < 0.005 < 0.005 0.01 0.02 < 0.005 < 0.005 < 0.005 — 55.4 55.4 < 0.005 0.01 0.15 58.0 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.11 0.00 0.00 0.02 0.02 0.00 < 0.005 < 0.005 — 19.3 19.3 < 0.005 < 0.005 0.04 19.6 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 4.55 4.55 < 0.005 < 0.005 0.01 4.76 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 3.19 3.19 < 0.005 < 0.005 0.01 3.24 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 0.75 0.75 < 0.005 < 0.005 < 0.005 0.79 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.4. Grading (2023) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 1.03 1.03 25.5 45.8 0.07 0.21 — 0.21 0.21 — 0.21 — 8,094 8,094 0.33 0.07 — 8,122 176 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 13 / 35 ———————1.421.42—3.593.59——————Dust From Material Movement Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.08 0.08 2.10 3.77 0.01 0.02 — 0.02 0.02 — 0.02 — 665 665 0.03 0.01 — 668 Dust From Material Movement —— — — — — 0.30 0.30 — 0.12 0.12 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 — 0.46 0.46 < 0.005 < 0.005 < 0.005 0.48 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.02 0.02 0.38 0.69 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 110 110 < 0.005 < 0.005 — 111 Dust From Material Movement —— — — — — 0.05 0.05 — 0.02 0.02 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 0.08 0.08 < 0.005 < 0.005 < 0.005 0.08 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.15 0.15 0.10 1.68 0.00 0.00 0.22 0.22 0.00 0.05 0.05 — 255 255 0.01 0.01 1.11 260177 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 14 / 35 Vendor < 0.005 < 0.005 0.07 0.03 < 0.005 < 0.005 0.01 0.02 < 0.005 < 0.005 < 0.005 — 55.4 55.4 < 0.005 0.01 0.15 58.0 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.11 0.00 0.00 0.02 0.02 0.00 < 0.005 < 0.005 — 19.3 19.3 < 0.005 < 0.005 0.04 19.6 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 4.55 4.55 < 0.005 < 0.005 0.01 4.76 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 3.19 3.19 < 0.005 < 0.005 0.01 3.24 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 0.75 0.75 < 0.005 < 0.005 < 0.005 0.79 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.5. Building Construction (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 1.50 1.26 11.8 13.2 0.02 0.55 — 0.55 0.51 — 0.51 — 2,397 2,397 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 178 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 15 / 35 ——————————————————Average Daily Off-Roa d Equipm ent 0.20 0.17 1.59 1.78 < 0.005 0.07 — 0.07 0.07 — 0.07 — 324 324 0.01 < 0.005 — 325 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.04 0.03 0.29 0.32 < 0.005 0.01 — 0.01 0.01 — 0.01 — 53.6 53.6 < 0.005 < 0.005 — 53.8 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.18 0.15 0.16 1.61 0.00 0.00 0.28 0.28 0.00 0.07 0.07 — 287 287 0.02 0.01 0.04 291 Vendor 0.02 0.02 0.56 0.20 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 — 398 398 0.01 0.06 0.03 416 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker 0.02 0.02 0.02 0.23 0.00 0.00 0.04 0.04 0.00 0.01 0.01 — 40.2 40.2 < 0.005 < 0.005 0.08 40.8 Vendor < 0.005 < 0.005 0.07 0.03 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 53.7 53.7 < 0.005 0.01 0.06 56.2 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.04 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 6.66 6.66 < 0.005 < 0.005 0.01 6.76 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 8.90 8.90 < 0.005 < 0.005 0.01 9.31 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00179 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 16 / 35 3.6. Building Construction (2023) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.66 0.59 9.30 15.0 0.02 0.13 — 0.13 0.12 — 0.12 — 2,397 2,397 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.09 0.08 1.26 2.03 < 0.005 0.02 — 0.02 0.02 — 0.02 — 324 324 0.01 < 0.005 — 325 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.02 0.01 0.23 0.37 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 53.6 53.6 < 0.005 < 0.005 — 53.8 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — 180 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 17 / 35 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.18 0.15 0.16 1.61 0.00 0.00 0.28 0.28 0.00 0.07 0.07 — 287 287 0.02 0.01 0.04 291 Vendor 0.02 0.02 0.56 0.20 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 — 398 398 0.01 0.06 0.03 416 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker 0.02 0.02 0.02 0.23 0.00 0.00 0.04 0.04 0.00 0.01 0.01 — 40.2 40.2 < 0.005 < 0.005 0.08 40.8 Vendor < 0.005 < 0.005 0.07 0.03 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 53.7 53.7 < 0.005 0.01 0.06 56.2 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.04 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 6.66 6.66 < 0.005 < 0.005 0.01 6.76 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 8.90 8.90 < 0.005 < 0.005 0.01 9.31 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.7. Building Construction (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 1.44 1.20 11.2 13.1 0.02 0.50 — 0.50 0.46 — 0.46 — 2,398 2,398 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — 181 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 18 / 35 Off-Roa Equipment 1.44 1.20 11.2 13.1 0.02 0.50 — 0.50 0.46 — 0.46 — 2,398 2,398 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.52 0.44 4.06 4.75 0.01 0.18 — 0.18 0.17 — 0.17 — 868 868 0.04 0.01 — 871 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.09 0.08 0.74 0.87 < 0.005 0.03 — 0.03 0.03 — 0.03 — 144 144 0.01 < 0.005 — 144 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.18 0.17 0.12 1.95 0.00 0.00 0.28 0.28 0.00 0.07 0.07 — 318 318 0.02 0.01 1.28 323 Vendor 0.02 0.01 0.50 0.18 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 — 392 392 0.01 0.06 1.05 410 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.16 0.14 0.15 1.47 0.00 0.00 0.28 0.28 0.00 0.07 0.07 — 282 282 0.01 0.01 0.03 285 Vendor 0.02 0.01 0.53 0.19 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 — 392 392 0.01 0.06 0.03 409 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — 182 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 19 / 35 Worker 0.06 0.05 0.05 0.56 0.00 0.00 0.10 0.10 0.00 0.02 0.02 — 106 106 0.01 < 0.005 0.20 107 Vendor 0.01 < 0.005 0.19 0.07 < 0.005 < 0.005 0.04 0.04 < 0.005 0.01 0.01 — 142 142 < 0.005 0.02 0.16 148 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.10 0.00 0.00 0.02 0.02 0.00 < 0.005 < 0.005 — 17.5 17.5 < 0.005 < 0.005 0.03 17.8 Vendor < 0.005 < 0.005 0.03 0.01 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 23.5 23.5 < 0.005 < 0.005 0.03 24.6 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.8. Building Construction (2024) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.64 0.58 9.26 15.0 0.02 0.12 — 0.12 0.11 — 0.11 — 2,398 2,398 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.64 0.58 9.26 15.0 0.02 0.12 — 0.12 0.11 — 0.11 — 2,398 2,398 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — 183 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 20 / 35 871—0.010.04868868—0.04—0.040.04—0.040.015.433.350.210.23Off-Roa d Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.04 0.04 0.61 0.99 < 0.005 0.01 — 0.01 0.01 — 0.01 — 144 144 0.01 < 0.005 — 144 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.18 0.17 0.12 1.95 0.00 0.00 0.28 0.28 0.00 0.07 0.07 — 318 318 0.02 0.01 1.28 323 Vendor 0.02 0.01 0.50 0.18 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 — 392 392 0.01 0.06 1.05 410 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.16 0.14 0.15 1.47 0.00 0.00 0.28 0.28 0.00 0.07 0.07 — 282 282 0.01 0.01 0.03 285 Vendor 0.02 0.01 0.53 0.19 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 — 392 392 0.01 0.06 0.03 409 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker 0.06 0.05 0.05 0.56 0.00 0.00 0.10 0.10 0.00 0.02 0.02 — 106 106 0.01 < 0.005 0.20 107 Vendor 0.01 < 0.005 0.19 0.07 < 0.005 < 0.005 0.04 0.04 < 0.005 0.01 0.01 — 142 142 < 0.005 0.02 0.16 148 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.10 0.00 0.00 0.02 0.02 0.00 < 0.005 < 0.005 — 17.5 17.5 < 0.005 < 0.005 0.03 17.8 Vendor < 0.005 < 0.005 0.03 0.01 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 23.5 23.5 < 0.005 < 0.005 0.03 24.6 184 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 21 / 35 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.9. Paving (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 2.32 1.95 18.5 24.7 0.04 0.95 — 0.95 0.87 — 0.87 — 3,979 3,979 0.16 0.03 — 3,993 Paving 1.86 1.86 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 2.32 1.95 18.5 24.7 0.04 0.95 — 0.95 0.87 — 0.87 — 3,979 3,979 0.16 0.03 — 3,993 Paving 1.86 1.86 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.60 5.60 < 0.005 < 0.005 < 0.005 5.88 Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.13 0.11 1.02 1.35 < 0.005 0.05 — 0.05 0.05 — 0.05 — 218 218 0.01 < 0.005 — 219 Paving 0.10 0.10 — — — — — — — — — — — — — — — — 185 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 22 / 35 0.32< 0.005< 0.005< 0.0050.300.30—< 0.005< 0.005< 0.0050.040.04< 0.005< 0.005< 0.005< 0.005< 0.005< 0.005Onsite truck Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.02 0.02 0.19 0.25 < 0.005 0.01 — 0.01 0.01 — 0.01 — 36.1 36.1 < 0.005 < 0.005 — 36.2 Paving 0.02 0.02 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 0.05 0.05 < 0.005 < 0.005 < 0.005 0.05 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.17 0.16 0.11 1.83 0.00 0.00 0.24 0.24 0.00 0.06 0.06 — 279 279 0.01 0.01 1.21 283 Vendor 0.01 < 0.005 0.15 0.05 < 0.005 < 0.005 0.03 0.03 < 0.005 0.01 0.01 — 111 111 < 0.005 0.02 0.29 116 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.15 0.13 0.14 1.38 0.00 0.00 0.24 0.24 0.00 0.06 0.06 — 247 247 0.02 0.01 0.03 250 Vendor 0.01 < 0.005 0.16 0.06 < 0.005 < 0.005 0.03 0.03 < 0.005 0.01 0.01 — 111 111 < 0.005 0.02 0.01 116 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.08 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 14.0 14.0 < 0.005 < 0.005 0.03 14.2 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 6.07 6.07 < 0.005 < 0.005 0.01 6.35 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 2.32 2.32 < 0.005 < 0.005 < 0.005 2.35 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 1.00 1.00 < 0.005 < 0.005 < 0.005 1.05 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00186 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 23 / 35 3.10. Paving (2023) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.60 0.60 17.3 27.9 0.04 0.13 — 0.13 0.13 — 0.13 — 3,979 3,979 0.16 0.03 — 3,993 Paving 1.86 1.86 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.60 0.60 17.3 27.9 0.04 0.13 — 0.13 0.13 — 0.13 — 3,979 3,979 0.16 0.03 — 3,993 Paving 1.86 1.86 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.60 5.60 < 0.005 < 0.005 < 0.005 5.88 Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.03 0.03 0.95 1.53 < 0.005 0.01 — 0.01 0.01 — 0.01 — 218 218 0.01 < 0.005 — 219 Paving 0.10 0.10 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.04 0.04 < 0.005 < 0.005 < 0.005 — 0.30 0.30 < 0.005 < 0.005 < 0.005 0.32 Annual — — — — — — — — — — — — — — — — — —187 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 24 / 35 Off-Roa Equipment 0.01 0.01 0.17 0.28 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 36.1 36.1 < 0.005 < 0.005 — 36.2 Paving 0.02 0.02 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 0.05 0.05 < 0.005 < 0.005 < 0.005 0.05 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.17 0.16 0.11 1.83 0.00 0.00 0.24 0.24 0.00 0.06 0.06 — 279 279 0.01 0.01 1.21 283 Vendor 0.01 < 0.005 0.15 0.05 < 0.005 < 0.005 0.03 0.03 < 0.005 0.01 0.01 — 111 111 < 0.005 0.02 0.29 116 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.15 0.13 0.14 1.38 0.00 0.00 0.24 0.24 0.00 0.06 0.06 — 247 247 0.02 0.01 0.03 250 Vendor 0.01 < 0.005 0.16 0.06 < 0.005 < 0.005 0.03 0.03 < 0.005 0.01 0.01 — 111 111 < 0.005 0.02 0.01 116 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.08 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 14.0 14.0 < 0.005 < 0.005 0.03 14.2 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 6.07 6.07 < 0.005 < 0.005 0.01 6.35 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 2.32 2.32 < 0.005 < 0.005 < 0.005 2.35 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 1.00 1.00 < 0.005 < 0.005 < 0.005 1.05 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.11. Architectural Coating (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e188 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 25 / 35 Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.17 0.14 0.91 1.15 < 0.005 0.03 — 0.03 0.03 — 0.03 — 134 134 0.01 < 0.005 — 134 Architect ural Coating s 28.9 28.9 — — — — — — — — — — — — — — — — Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.01 0.01 0.05 0.06 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 7.32 7.32 < 0.005 < 0.005 — 7.34 Architect ural Coating s 1.59 1.59 — — — — — — — — — — — — — — — — Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.21 1.21 < 0.005 < 0.005 — 1.22 Architect ural Coating s 0.29 0.29 — — — — — — — — — — — — — — — — 189 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 26 / 35 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.04 0.03 0.02 0.39 0.00 0.00 0.06 0.06 0.00 0.01 0.01 — 63.6 63.6 < 0.005 < 0.005 0.26 64.6 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 3.20 3.20 < 0.005 < 0.005 0.01 3.25 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.53 0.53 < 0.005 < 0.005 < 0.005 0.54 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.12. Architectural Coating (2024) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — 190 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 27 / 35 134—< 0.0050.01134134—0.03—0.030.03—0.03< 0.0051.150.910.140.17Off-Roa d Equipm ent Architect ural Coating s 28.9 28.9 — — — — — — — — — — — — — — — — Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.01 0.01 0.05 0.06 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 7.32 7.32 < 0.005 < 0.005 — 7.34 Architect ural Coating s 1.59 1.59 — — — — — — — — — — — — — — — — Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.21 1.21 < 0.005 < 0.005 — 1.22 Architect ural Coating s 0.29 0.29 — — — — — — — — — — — — — — — — Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — 191 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 28 / 35 Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.04 0.03 0.02 0.39 0.00 0.00 0.06 0.06 0.00 0.01 0.01 — 63.6 63.6 < 0.005 < 0.005 0.26 64.6 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 3.20 3.20 < 0.005 < 0.005 0.01 3.25 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.53 0.53 < 0.005 < 0.005 < 0.005 0.54 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 5. Activity Data 5.1. Construction Schedule Phase Name Phase Type Start Date End Date Days Per Week Work Days per Phase Phase Description Site Preparation Site Preparation 7/1/2023 8/13/2023 5.00 30.0 — Grading Grading 8/14/2023 9/25/2023 5.00 30.0 — Building Construction Building Construction 10/24/2023 7/3/2024 5.00 182 — Paving Paving 9/26/2023 10/23/2023 5.00 20.0 — Architectural Coating Architectural Coating 7/4/2024 7/31/2024 5.00 20.0 — 192 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 29 / 35 5.2. Off-Road Equipment 5.2.1. Unmitigated Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Site Preparation Rubber Tired Dozers Diesel Average 3.00 8.00 367 0.40 Site Preparation Tractors/Loaders/Back hoes Diesel Average 4.00 8.00 84.0 0.37 Grading Excavators Diesel Average 2.00 8.00 158 0.38 Grading Graders Diesel Average 1.00 8.00 148 0.41 Grading Rubber Tired Dozers Diesel Average 1.00 8.00 367 0.40 Grading Scrapers Diesel Average 2.00 8.00 423 0.48 Grading Tractors/Loaders/Back hoes Diesel Average 3.00 8.80 84.0 0.37 Grading Excavators Diesel Average 2.00 8.00 36.0 0.38 Building Construction Cranes Diesel Average 1.00 7.00 367 0.29 Building Construction Forklifts Diesel Average 3.00 8.00 82.0 0.20 Building Construction Generator Sets Diesel Average 1.00 8.00 14.0 0.74 Building Construction Tractors/Loaders/Back hoes Diesel Average 3.00 7.00 84.0 0.37 Building Construction Welders Diesel Average 1.00 8.00 46.0 0.45 Paving Pavers Diesel Average 2.00 8.00 130 0.42 Paving Paving Equipment Diesel Average 2.00 8.00 132 0.36 Paving Rollers Diesel Average 2.00 8.00 80.0 0.38 Paving Pavers Diesel Average 2.00 8.00 81.0 0.42 Paving Paving Equipment Diesel Average 2.00 8.00 89.0 0.36 Paving Rollers Diesel Average 2.00 8.00 36.0 0.38 Architectural Coating Air Compressors Diesel Average 1.00 6.00 37.0 0.48 5.2.2. Mitigated 193 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 30 / 35 Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Site Preparation Rubber Tired Dozers Diesel Tier 4 Interim 3.00 8.00 367 0.40 Site Preparation Tractors/Loaders/Back hoes Diesel Tier 4 Interim 4.00 8.00 84.0 0.37 Grading Excavators Diesel Tier 4 Interim 2.00 8.00 158 0.38 Grading Graders Diesel Tier 4 Interim 1.00 8.00 148 0.41 Grading Rubber Tired Dozers Diesel Tier 4 Interim 1.00 8.00 367 0.40 Grading Scrapers Diesel Tier 4 Interim 2.00 8.00 423 0.48 Grading Tractors/Loaders/Back hoes Diesel Tier 4 Interim 3.00 8.80 84.0 0.37 Grading Excavators Diesel Tier 4 Interim 2.00 8.00 36.0 0.38 Building Construction Cranes Diesel Tier 4 Interim 1.00 7.00 367 0.29 Building Construction Forklifts Diesel Tier 4 Interim 3.00 8.00 82.0 0.20 Building Construction Generator Sets Diesel Average 1.00 8.00 14.0 0.74 Building Construction Tractors/Loaders/Back hoes Diesel Tier 4 Interim 3.00 7.00 84.0 0.37 Building Construction Welders Diesel Average 1.00 8.00 46.0 0.45 Paving Pavers Diesel Tier 4 Interim 2.00 8.00 130 0.42 Paving Paving Equipment Diesel Tier 4 Interim 2.00 8.00 132 0.36 Paving Rollers Diesel Tier 4 Interim 2.00 8.00 80.0 0.38 Paving Pavers Diesel Tier 4 Interim 2.00 8.00 81.0 0.42 Paving Paving Equipment Diesel Tier 4 Interim 2.00 8.00 89.0 0.36 Paving Rollers Diesel Tier 4 Interim 2.00 8.00 36.0 0.38 Architectural Coating Air Compressors Diesel Average 1.00 6.00 37.0 0.48 5.3. Construction Vehicles 5.3.1. Unmitigated Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix 194 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 31 / 35 Site Preparation ———— Site Preparation Worker 17.5 11.4 LDA,LDT1,LDT2 Site Preparation Vendor —8.53 HHDT,MHDT Site Preparation Hauling 0.00 20.0 HHDT Site Preparation Onsite truck 2.00 0.25 HHDT Grading ———— Grading Worker 27.5 11.4 LDA,LDT1,LDT2 Grading Vendor 2.00 8.53 HHDT,MHDT Grading Hauling 0.00 20.0 HHDT Grading Onsite truck 2.00 0.25 HHDT Building Construction ———— Building Construction Worker 35.0 11.4 LDA,LDT1,LDT2 Building Construction Vendor 14.4 8.53 HHDT,MHDT Building Construction Hauling 0.00 20.0 HHDT Building Construction Onsite truck ——HHDT Paving ———— Paving Worker 30.0 11.4 LDA,LDT1,LDT2 Paving Vendor 4.00 8.53 HHDT,MHDT Paving Hauling 0.00 20.0 HHDT Paving Onsite truck 2.00 0.25 HHDT Architectural Coating ———— Architectural Coating Worker 6.99 11.4 LDA,LDT1,LDT2 Architectural Coating Vendor —8.53 HHDT,MHDT Architectural Coating Hauling 0.00 20.0 HHDT Architectural Coating Onsite truck ——HHDT 5.3.2. Mitigated Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix 195 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 32 / 35 Site Preparation ———— Site Preparation Worker 17.5 11.4 LDA,LDT1,LDT2 Site Preparation Vendor —8.53 HHDT,MHDT Site Preparation Hauling 0.00 20.0 HHDT Site Preparation Onsite truck 2.00 0.25 HHDT Grading ———— Grading Worker 27.5 11.4 LDA,LDT1,LDT2 Grading Vendor 2.00 8.53 HHDT,MHDT Grading Hauling 0.00 20.0 HHDT Grading Onsite truck 2.00 0.25 HHDT Building Construction ———— Building Construction Worker 35.0 11.4 LDA,LDT1,LDT2 Building Construction Vendor 14.4 8.53 HHDT,MHDT Building Construction Hauling 0.00 20.0 HHDT Building Construction Onsite truck ——HHDT Paving ———— Paving Worker 30.0 11.4 LDA,LDT1,LDT2 Paving Vendor 4.00 8.53 HHDT,MHDT Paving Hauling 0.00 20.0 HHDT Paving Onsite truck 2.00 0.25 HHDT Architectural Coating ———— Architectural Coating Worker 6.99 11.4 LDA,LDT1,LDT2 Architectural Coating Vendor —8.53 HHDT,MHDT Architectural Coating Hauling 0.00 20.0 HHDT Architectural Coating Onsite truck ——HHDT 5.4. Vehicles 196 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 33 / 35 5.4.1. Construction Vehicle Control Strategies Non-applicable. No control strategies activated by user. 5.5. Architectural Coatings Phase Name Residential Interior Area Coated (sq ft) Residential Exterior Area Coated (sq ft) Non-Residential Interior Area Coated (sq ft) Non-Residential Exterior Area Coated (sq ft) Parking Area Coated (sq ft) Architectural Coating 0.00 0.00 131,550 43,850 37,139 5.6. Dust Mitigation 5.6.1. Construction Earthmoving Activities Phase Name Material Imported (cy)Material Exported (cy)Acres Graded (acres)Material Demolished (sq. ft.)Acres Paved (acres) Site Preparation ——45.0 0.00 — Grading ——90.0 0.00 — Paving 0.00 0.00 0.00 0.00 14.2 5.6.2. Construction Earthmoving Control Strategies Control Strategies Applied Frequency (per day)PM10 Reduction PM2.5 Reduction Water Exposed Area 2 61%61% 5.7. Construction Paving Land Use Area Paved (acres)% Asphalt Unrefrigerated Warehouse-No Rail 0.00 0% General Office Building 0.00 0% Automobile Care Center 0.00 0% Parking Lot 13.2 100% Other Asphalt Surfaces 1.00 100% 197 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 34 / 35 5.8. Construction Electricity Consumption and Emissions Factors kWh per Year and Emission Factor (lb/MWh) Year kWh per Year CO2 CH4 N2O 2023 0.00 204 0.03 < 0.005 2024 0.00 204 0.03 < 0.005 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres 5.18.1.2. Mitigated Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated Biomass Cover Type Initial Acres Final Acres 5.18.1.2. Mitigated Biomass Cover Type Initial Acres Final Acres 5.18.2. Sequestration 5.18.2.1. Unmitigated 198 Central Transport - Mitigated Construction (Tier 4 Scenario) Custom Report, 11/12/2024 35 / 35 Tree Type Number Electricity Saved (kWh/year)Natural Gas Saved (btu/year) 5.18.2.2. Mitigated Tree Type Number Electricity Saved (kWh/year)Natural Gas Saved (btu/year) 8. User Changes to Default Data Screen Justification Construction: Construction Phases Earliest anticipated construction schedule per applicant: July 2023 – July 2024 Construction: Off-Road Equipment The horsepower hours for select pieces of equipment were increased to match the default values from CalEEMod 2020 to provide a conservative estimate of emissions. Overall equipment HP usage hours for tractors/loaders/backhoes during the building construction phase were increased to match default usage hours, as the default construction schedule was reduced. Operations: Vehicle Data - Operations: Fleet Mix - 199 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 1 / 35 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report Table of Contents 1. Basic Project Information 1.1. Basic Project Information 1.2. Land Use Types 1.3. User-Selected Emission Reduction Measures by Emissions Sector 2. Emissions Summary 2.2. Construction Emissions by Year, Unmitigated 2.3. Construction Emissions by Year, Mitigated 3. Construction Emissions Details 3.1. Site Preparation (2023) - Unmitigated 3.2. Site Preparation (2023) - Mitigated 3.3. Grading (2023) - Unmitigated 3.4. Grading (2023) - Mitigated 3.5. Building Construction (2023) - Unmitigated 3.6. Building Construction (2023) - Mitigated 200 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 2 / 35 3.7. Building Construction (2024) - Unmitigated 3.8. Building Construction (2024) - Mitigated 3.9. Paving (2023) - Unmitigated 3.10. Paving (2023) - Mitigated 3.11. Architectural Coating (2024) - Unmitigated 3.12. Architectural Coating (2024) - Mitigated 5. Activity Data 5.1. Construction Schedule 5.2. Off-Road Equipment 5.2.1. Unmitigated 5.2.2. Mitigated 5.3. Construction Vehicles 5.3.1. Unmitigated 5.3.2. Mitigated 5.4. Vehicles 5.4.1. Construction Vehicle Control Strategies 5.5. Architectural Coatings 5.6. Dust Mitigation 201 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 3 / 35 5.6.1. Construction Earthmoving Activities 5.6.2. Construction Earthmoving Control Strategies 5.7. Construction Paving 5.8. Construction Electricity Consumption and Emissions Factors 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated 5.18.1.2. Mitigated 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated 5.18.1.2. Mitigated 5.18.2. Sequestration 5.18.2.1. Unmitigated 5.18.2.2. Mitigated 8. User Changes to Default Data 202 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 4 / 35 1. Basic Project Information 1.1. Basic Project Information Data Field Value Project Name Central Transport - Mitigated Construction (Level 3 Filters Scenario) Construction Start Date 7/1/2023 Lead Agency — Land Use Scale Project/site Analysis Level for Defaults County Windspeed (m/s)2.70 Precipitation (days)25.4 Location 36.687961, -119.784008 County Fresno City Unincorporated Air District San Joaquin Valley APCD Air Basin San Joaquin Valley TAZ 2490 EDFZ 5 Electric Utility Pacific Gas & Electric Company Gas Utility Pacific Gas & Electric App Version 2022.1.1.28 1.2. Land Use Types Land Use Subtype Size Unit Lot Acreage Building Area (sq ft)Landscape Area (sq ft) Special Landscape Area (sq ft) Population Description Unrefrigerated Warehouse-No Rail 69.0 1000sqft 1.58 69,000 8,280 ——Cross-dock transfer platform 203 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 5 / 35 ——8046,7000.151000sqft6.70General Office Building 3,200 administrative office + 3,500 office Automobile Care Center 12.0 1000sqft 0.28 12,000 1,440 ——Maintenance shop Parking Lot 13.2 Acre 13.2 0.00 69,051 ——Parking and site paving Other Asphalt Surfaces 1.00 Acre 1.00 0.00 0.00 ——One (1) additional acre added to account for off-site improvements 1.3. User-Selected Emission Reduction Measures by Emissions Sector Sector #Measure Title Construction C-6 Use Diesel Particulate Filters 2. Emissions Summary 2.2. Construction Emissions by Year, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Year TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily - Summer (Max) — — — — — — — — — — — — — — — — — — 2023 5.23 4.41 42.3 42.1 0.08 1.83 8.54 10.3 1.68 4.05 5.71 — 8,410 8,410 0.34 0.08 1.51 8,445 2024 29.1 29.1 11.8 15.2 0.03 0.50 0.38 0.89 0.46 0.09 0.56 — 3,108 3,108 0.12 0.09 2.33 3,139 Daily - Winter (Max) — — — — — — — — — — — — — — — — — — 2023 4.34 3.94 18.9 26.1 0.04 0.95 1.01 1.96 0.87 0.14 1.01 — 4,342 4,342 0.18 0.09 0.06 4,365 2024 1.62 1.36 11.9 14.8 0.03 0.50 0.38 0.89 0.46 0.09 0.56 — 3,072 3,072 0.11 0.09 0.06 3,101 204 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 6 / 35 ——————————————————Average Daily 2023 1.29 1.10 9.47 9.89 0.02 0.43 1.17 1.60 0.39 0.48 0.87 — 1,794 1,794 0.07 0.03 0.25 1,804 2024 2.18 2.09 4.35 5.45 0.01 0.18 0.14 0.32 0.17 0.03 0.20 — 1,126 1,126 0.04 0.03 0.37 1,137 Annual — — — — — — — — — — — — — — — — — — 2023 0.24 0.20 1.73 1.80 < 0.005 0.08 0.21 0.29 0.07 0.09 0.16 — 297 297 0.01 < 0.005 0.04 299 2024 0.40 0.38 0.79 0.99 < 0.005 0.03 0.03 0.06 0.03 0.01 0.04 — 186 186 0.01 0.01 0.06 188 2.3. Construction Emissions by Year, Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Year TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily - Summer (Max) — — — — — — — — — — — — — — — — — — 2023 5.23 4.41 42.3 42.1 0.08 0.27 8.54 8.81 0.25 4.05 4.30 — 8,410 8,410 0.34 0.08 1.51 8,445 2024 29.1 29.1 11.8 15.2 0.03 0.15 0.38 0.53 0.14 0.09 0.23 — 3,108 3,108 0.12 0.09 2.33 3,139 Daily - Winter (Max) — — — — — — — — — — — — — — — — — — 2023 4.34 3.94 18.9 26.1 0.04 0.16 1.01 1.15 0.15 0.14 0.27 — 4,342 4,342 0.18 0.09 0.06 4,365 2024 1.62 1.36 11.9 14.8 0.03 0.15 0.38 0.53 0.14 0.09 0.23 — 3,072 3,072 0.11 0.09 0.06 3,101 Average Daily — — — — — — — — — — — — — — — — — — 2023 1.29 1.10 9.47 9.89 0.02 0.07 1.17 1.25 0.07 0.48 0.55 — 1,794 1,794 0.07 0.03 0.25 1,804 2024 2.18 2.09 4.35 5.45 0.01 0.06 0.14 0.20 0.05 0.03 0.09 — 1,126 1,126 0.04 0.03 0.37 1,137 Annual — — — — — — — — — — — — — — — — — — 2023 0.24 0.20 1.73 1.80 < 0.005 0.01 0.21 0.23 0.01 0.09 0.10 — 297 297 0.01 < 0.005 0.04 299 2024 0.40 0.38 0.79 0.99 < 0.005 0.01 0.03 0.04 0.01 0.01 0.02 — 186 186 0.01 0.01 0.06 188 205 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 7 / 35 3. Construction Emissions Details 3.1. Site Preparation (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 4.70 3.95 39.7 35.5 0.05 1.81 — 1.81 1.66 — 1.66 — 5,295 5,295 0.21 0.04 — 5,314 Dust From Material Movement —— — — — — 7.67 7.67 — 3.94 3.94 — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.39 0.32 3.27 2.92 < 0.005 0.15 — 0.15 0.14 — 0.14 — 435 435 0.02 < 0.005 — 437 Dust From Material Movement —— — — — — 0.63 0.63 — 0.32 0.32 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 — 0.46 0.46 < 0.005 < 0.005 < 0.005 0.48 Annual — — — — — — — — — — — — — — — — — —206 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 8 / 35 Off-Roa Equipment 0.07 0.06 0.60 0.53 < 0.005 0.03 — 0.03 0.02 — 0.02 — 72.1 72.1 < 0.005 < 0.005 — 72.3 Dust From Material Movement —— — — — — 0.11 0.11 — 0.06 0.06 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 0.08 0.08 < 0.005 < 0.005 < 0.005 0.08 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.10 0.09 0.06 1.07 0.00 0.00 0.14 0.14 0.00 0.03 0.03 — 162 162 0.01 0.01 0.71 165 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.07 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 12.3 12.3 < 0.005 < 0.005 0.02 12.4 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 2.03 2.03 < 0.005 < 0.005 < 0.005 2.06 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.2. Site Preparation (2023) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —207 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 9 / 35 Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 4.70 3.95 39.7 35.5 0.05 0.27 — 0.27 0.25 — 0.25 — 5,295 5,295 0.21 0.04 — 5,314 Dust From Material Movement —— — — — — 7.67 7.67 — 3.94 3.94 — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.39 0.32 3.27 2.92 < 0.005 0.02 — 0.02 0.02 — 0.02 — 435 435 0.02 < 0.005 — 437 Dust From Material Movement —— — — — — 0.63 0.63 — 0.32 0.32 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 — 0.46 0.46 < 0.005 < 0.005 < 0.005 0.48 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.07 0.06 0.60 0.53 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 72.1 72.1 < 0.005 < 0.005 — 72.3 Dust From Material Movement —— — — — — 0.11 0.11 — 0.06 0.06 — — — — — — — 208 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 10 / 35 0.08< 0.005< 0.005< 0.0050.080.08—< 0.005< 0.005< 0.0050.010.01< 0.005< 0.005< 0.005< 0.005< 0.005< 0.005Onsite truck Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.10 0.09 0.06 1.07 0.00 0.00 0.14 0.14 0.00 0.03 0.03 — 162 162 0.01 0.01 0.71 165 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.07 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 12.3 12.3 < 0.005 < 0.005 0.02 12.4 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 2.03 2.03 < 0.005 < 0.005 < 0.005 2.06 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.3. Grading (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — 209 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 11 / 35 8,122—0.070.338,0948,094—1.68—1.681.83—1.830.0740.442.14.265.07Off-Roa d Equipm ent Dust From Material Movement —— — — — — 3.59 3.59 — 1.42 1.42 — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.42 0.35 3.46 3.32 0.01 0.15 — 0.15 0.14 — 0.14 — 665 665 0.03 0.01 — 668 Dust From Material Movement —— — — — — 0.30 0.30 — 0.12 0.12 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 — 0.46 0.46 < 0.005 < 0.005 < 0.005 0.48 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.08 0.06 0.63 0.61 < 0.005 0.03 — 0.03 0.03 — 0.03 — 110 110 < 0.005 < 0.005 — 111 Dust From Material Movement —— — — — — 0.05 0.05 — 0.02 0.02 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 0.08 0.08 < 0.005 < 0.005 < 0.005 0.08 Offsite — — — — — — — — — — — — — — — — — — 210 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 12 / 35 Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.15 0.15 0.10 1.68 0.00 0.00 0.22 0.22 0.00 0.05 0.05 — 255 255 0.01 0.01 1.11 260 Vendor < 0.005 < 0.005 0.07 0.03 < 0.005 < 0.005 0.01 0.02 < 0.005 < 0.005 < 0.005 — 55.4 55.4 < 0.005 0.01 0.15 58.0 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.11 0.00 0.00 0.02 0.02 0.00 < 0.005 < 0.005 — 19.3 19.3 < 0.005 < 0.005 0.04 19.6 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 4.55 4.55 < 0.005 < 0.005 0.01 4.76 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 3.19 3.19 < 0.005 < 0.005 0.01 3.24 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 0.75 0.75 < 0.005 < 0.005 < 0.005 0.79 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.4. Grading (2023) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 5.07 4.26 42.1 40.4 0.07 0.27 — 0.27 0.25 — 0.25 — 8,094 8,094 0.33 0.07 — 8,122 211 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 13 / 35 ———————1.421.42—3.593.59——————Dust From Material Movement Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.42 0.35 3.46 3.32 0.01 0.02 — 0.02 0.02 — 0.02 — 665 665 0.03 0.01 — 668 Dust From Material Movement —— — — — — 0.30 0.30 — 0.12 0.12 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 — 0.46 0.46 < 0.005 < 0.005 < 0.005 0.48 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.08 0.06 0.63 0.61 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 110 110 < 0.005 < 0.005 — 111 Dust From Material Movement —— — — — — 0.05 0.05 — 0.02 0.02 — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 0.08 0.08 < 0.005 < 0.005 < 0.005 0.08 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.15 0.15 0.10 1.68 0.00 0.00 0.22 0.22 0.00 0.05 0.05 — 255 255 0.01 0.01 1.11 260212 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 14 / 35 Vendor < 0.005 < 0.005 0.07 0.03 < 0.005 < 0.005 0.01 0.02 < 0.005 < 0.005 < 0.005 — 55.4 55.4 < 0.005 0.01 0.15 58.0 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.11 0.00 0.00 0.02 0.02 0.00 < 0.005 < 0.005 — 19.3 19.3 < 0.005 < 0.005 0.04 19.6 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 4.55 4.55 < 0.005 < 0.005 0.01 4.76 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 3.19 3.19 < 0.005 < 0.005 0.01 3.24 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 0.75 0.75 < 0.005 < 0.005 < 0.005 0.79 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.5. Building Construction (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 1.50 1.26 11.8 13.2 0.02 0.55 — 0.55 0.51 — 0.51 — 2,397 2,397 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 213 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 15 / 35 ——————————————————Average Daily Off-Roa d Equipm ent 0.20 0.17 1.59 1.78 < 0.005 0.07 — 0.07 0.07 — 0.07 — 324 324 0.01 < 0.005 — 325 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.04 0.03 0.29 0.32 < 0.005 0.01 — 0.01 0.01 — 0.01 — 53.6 53.6 < 0.005 < 0.005 — 53.8 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.18 0.15 0.16 1.61 0.00 0.00 0.28 0.28 0.00 0.07 0.07 — 287 287 0.02 0.01 0.04 291 Vendor 0.02 0.02 0.56 0.20 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 — 398 398 0.01 0.06 0.03 416 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker 0.02 0.02 0.02 0.23 0.00 0.00 0.04 0.04 0.00 0.01 0.01 — 40.2 40.2 < 0.005 < 0.005 0.08 40.8 Vendor < 0.005 < 0.005 0.07 0.03 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 53.7 53.7 < 0.005 0.01 0.06 56.2 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.04 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 6.66 6.66 < 0.005 < 0.005 0.01 6.76 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 8.90 8.90 < 0.005 < 0.005 0.01 9.31 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00214 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 16 / 35 3.6. Building Construction (2023) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 1.50 1.26 11.8 13.2 0.02 0.16 — 0.16 0.15 — 0.15 — 2,397 2,397 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.20 0.17 1.59 1.78 < 0.005 0.02 — 0.02 0.02 — 0.02 — 324 324 0.01 < 0.005 — 325 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.04 0.03 0.29 0.32 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 53.6 53.6 < 0.005 < 0.005 — 53.8 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — 215 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 17 / 35 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.18 0.15 0.16 1.61 0.00 0.00 0.28 0.28 0.00 0.07 0.07 — 287 287 0.02 0.01 0.04 291 Vendor 0.02 0.02 0.56 0.20 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 — 398 398 0.01 0.06 0.03 416 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker 0.02 0.02 0.02 0.23 0.00 0.00 0.04 0.04 0.00 0.01 0.01 — 40.2 40.2 < 0.005 < 0.005 0.08 40.8 Vendor < 0.005 < 0.005 0.07 0.03 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 53.7 53.7 < 0.005 0.01 0.06 56.2 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.04 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 6.66 6.66 < 0.005 < 0.005 0.01 6.76 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 8.90 8.90 < 0.005 < 0.005 0.01 9.31 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.7. Building Construction (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 1.44 1.20 11.2 13.1 0.02 0.50 — 0.50 0.46 — 0.46 — 2,398 2,398 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — 216 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 18 / 35 Off-Roa Equipment 1.44 1.20 11.2 13.1 0.02 0.50 — 0.50 0.46 — 0.46 — 2,398 2,398 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.52 0.44 4.06 4.75 0.01 0.18 — 0.18 0.17 — 0.17 — 868 868 0.04 0.01 — 871 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.09 0.08 0.74 0.87 < 0.005 0.03 — 0.03 0.03 — 0.03 — 144 144 0.01 < 0.005 — 144 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.18 0.17 0.12 1.95 0.00 0.00 0.28 0.28 0.00 0.07 0.07 — 318 318 0.02 0.01 1.28 323 Vendor 0.02 0.01 0.50 0.18 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 — 392 392 0.01 0.06 1.05 410 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.16 0.14 0.15 1.47 0.00 0.00 0.28 0.28 0.00 0.07 0.07 — 282 282 0.01 0.01 0.03 285 Vendor 0.02 0.01 0.53 0.19 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 — 392 392 0.01 0.06 0.03 409 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — 217 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 19 / 35 Worker 0.06 0.05 0.05 0.56 0.00 0.00 0.10 0.10 0.00 0.02 0.02 — 106 106 0.01 < 0.005 0.20 107 Vendor 0.01 < 0.005 0.19 0.07 < 0.005 < 0.005 0.04 0.04 < 0.005 0.01 0.01 — 142 142 < 0.005 0.02 0.16 148 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.10 0.00 0.00 0.02 0.02 0.00 < 0.005 < 0.005 — 17.5 17.5 < 0.005 < 0.005 0.03 17.8 Vendor < 0.005 < 0.005 0.03 0.01 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 23.5 23.5 < 0.005 < 0.005 0.03 24.6 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.8. Building Construction (2024) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 1.44 1.20 11.2 13.1 0.02 0.14 — 0.14 0.13 — 0.13 — 2,398 2,398 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 1.44 1.20 11.2 13.1 0.02 0.14 — 0.14 0.13 — 0.13 — 2,398 2,398 0.10 0.02 — 2,406 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — 218 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 20 / 35 871—0.010.04868868—0.05—0.050.05—0.050.014.754.060.440.52Off-Roa d Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.09 0.08 0.74 0.87 < 0.005 0.01 — 0.01 0.01 — 0.01 — 144 144 0.01 < 0.005 — 144 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.18 0.17 0.12 1.95 0.00 0.00 0.28 0.28 0.00 0.07 0.07 — 318 318 0.02 0.01 1.28 323 Vendor 0.02 0.01 0.50 0.18 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 — 392 392 0.01 0.06 1.05 410 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.16 0.14 0.15 1.47 0.00 0.00 0.28 0.28 0.00 0.07 0.07 — 282 282 0.01 0.01 0.03 285 Vendor 0.02 0.01 0.53 0.19 < 0.005 0.01 0.10 0.11 0.01 0.03 0.03 — 392 392 0.01 0.06 0.03 409 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker 0.06 0.05 0.05 0.56 0.00 0.00 0.10 0.10 0.00 0.02 0.02 — 106 106 0.01 < 0.005 0.20 107 Vendor 0.01 < 0.005 0.19 0.07 < 0.005 < 0.005 0.04 0.04 < 0.005 0.01 0.01 — 142 142 < 0.005 0.02 0.16 148 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.10 0.00 0.00 0.02 0.02 0.00 < 0.005 < 0.005 — 17.5 17.5 < 0.005 < 0.005 0.03 17.8 Vendor < 0.005 < 0.005 0.03 0.01 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 23.5 23.5 < 0.005 < 0.005 0.03 24.6 219 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 21 / 35 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.9. Paving (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 2.32 1.95 18.5 24.7 0.04 0.95 — 0.95 0.87 — 0.87 — 3,979 3,979 0.16 0.03 — 3,993 Paving 1.86 1.86 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 2.32 1.95 18.5 24.7 0.04 0.95 — 0.95 0.87 — 0.87 — 3,979 3,979 0.16 0.03 — 3,993 Paving 1.86 1.86 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.60 5.60 < 0.005 < 0.005 < 0.005 5.88 Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.13 0.11 1.02 1.35 < 0.005 0.05 — 0.05 0.05 — 0.05 — 218 218 0.01 < 0.005 — 219 Paving 0.10 0.10 — — — — — — — — — — — — — — — — 220 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 22 / 35 0.32< 0.005< 0.005< 0.0050.300.30—< 0.005< 0.005< 0.0050.040.04< 0.005< 0.005< 0.005< 0.005< 0.005< 0.005Onsite truck Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.02 0.02 0.19 0.25 < 0.005 0.01 — 0.01 0.01 — 0.01 — 36.1 36.1 < 0.005 < 0.005 — 36.2 Paving 0.02 0.02 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 0.05 0.05 < 0.005 < 0.005 < 0.005 0.05 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.17 0.16 0.11 1.83 0.00 0.00 0.24 0.24 0.00 0.06 0.06 — 279 279 0.01 0.01 1.21 283 Vendor 0.01 < 0.005 0.15 0.05 < 0.005 < 0.005 0.03 0.03 < 0.005 0.01 0.01 — 111 111 < 0.005 0.02 0.29 116 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.15 0.13 0.14 1.38 0.00 0.00 0.24 0.24 0.00 0.06 0.06 — 247 247 0.02 0.01 0.03 250 Vendor 0.01 < 0.005 0.16 0.06 < 0.005 < 0.005 0.03 0.03 < 0.005 0.01 0.01 — 111 111 < 0.005 0.02 0.01 116 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.08 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 14.0 14.0 < 0.005 < 0.005 0.03 14.2 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 6.07 6.07 < 0.005 < 0.005 0.01 6.35 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 2.32 2.32 < 0.005 < 0.005 < 0.005 2.35 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 1.00 1.00 < 0.005 < 0.005 < 0.005 1.05 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00221 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 23 / 35 3.10. Paving (2023) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 2.32 1.95 18.5 24.7 0.04 0.14 — 0.14 0.13 — 0.13 — 3,979 3,979 0.16 0.03 — 3,993 Paving 1.86 1.86 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.51 5.51 < 0.005 < 0.005 < 0.005 5.79 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 2.32 1.95 18.5 24.7 0.04 0.14 — 0.14 0.13 — 0.13 — 3,979 3,979 0.16 0.03 — 3,993 Paving 1.86 1.86 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 0.03 0.02 < 0.005 < 0.005 0.74 0.74 < 0.005 0.07 0.07 — 5.60 5.60 < 0.005 < 0.005 < 0.005 5.88 Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.13 0.11 1.02 1.35 < 0.005 0.01 — 0.01 0.01 — 0.01 — 218 218 0.01 < 0.005 — 219 Paving 0.10 0.10 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.04 0.04 < 0.005 < 0.005 < 0.005 — 0.30 0.30 < 0.005 < 0.005 < 0.005 0.32 Annual — — — — — — — — — — — — — — — — — —222 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 24 / 35 Off-Roa Equipment 0.02 0.02 0.19 0.25 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 36.1 36.1 < 0.005 < 0.005 — 36.2 Paving 0.02 0.02 — — — — — — — — — — — — — — — — Onsite truck < 0.005 <0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 0.05 0.05 < 0.005 < 0.005 < 0.005 0.05 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.17 0.16 0.11 1.83 0.00 0.00 0.24 0.24 0.00 0.06 0.06 — 279 279 0.01 0.01 1.21 283 Vendor 0.01 < 0.005 0.15 0.05 < 0.005 < 0.005 0.03 0.03 < 0.005 0.01 0.01 — 111 111 < 0.005 0.02 0.29 116 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Worker 0.15 0.13 0.14 1.38 0.00 0.00 0.24 0.24 0.00 0.06 0.06 — 247 247 0.02 0.01 0.03 250 Vendor 0.01 < 0.005 0.16 0.06 < 0.005 < 0.005 0.03 0.03 < 0.005 0.01 0.01 — 111 111 < 0.005 0.02 0.01 116 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average Daily — — — — — — — — — — — — — — — — — — Worker 0.01 0.01 0.01 0.08 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 14.0 14.0 < 0.005 < 0.005 0.03 14.2 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 6.07 6.07 < 0.005 < 0.005 0.01 6.35 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 2.32 2.32 < 0.005 < 0.005 < 0.005 2.35 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 1.00 1.00 < 0.005 < 0.005 < 0.005 1.05 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.11. Architectural Coating (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e223 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 25 / 35 Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.17 0.14 0.91 1.15 < 0.005 0.03 — 0.03 0.03 — 0.03 — 134 134 0.01 < 0.005 — 134 Architect ural Coating s 28.9 28.9 — — — — — — — — — — — — — — — — Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.01 0.01 0.05 0.06 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 7.32 7.32 < 0.005 < 0.005 — 7.34 Architect ural Coating s 1.59 1.59 — — — — — — — — — — — — — — — — Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.21 1.21 < 0.005 < 0.005 — 1.22 Architect ural Coating s 0.29 0.29 — — — — — — — — — — — — — — — — 224 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 26 / 35 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.04 0.03 0.02 0.39 0.00 0.00 0.06 0.06 0.00 0.01 0.01 — 63.6 63.6 < 0.005 < 0.005 0.26 64.6 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 3.20 3.20 < 0.005 < 0.005 0.01 3.25 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.53 0.53 < 0.005 < 0.005 < 0.005 0.54 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 3.12. Architectural Coating (2024) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — — Daily, Summer (Max) — — — — — — — — — — — — — — — — — — 225 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 27 / 35 134—< 0.0050.01134134—0.03—0.030.03—0.03< 0.0051.150.910.140.17Off-Roa d Equipm ent Architect ural Coating s 28.9 28.9 — — — — — — — — — — — — — — — — Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent 0.01 0.01 0.05 0.06 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 7.32 7.32 < 0.005 < 0.005 — 7.34 Architect ural Coating s 1.59 1.59 — — — — — — — — — — — — — — — — Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Off-Roa d Equipm ent < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.21 1.21 < 0.005 < 0.005 — 1.22 Architect ural Coating s 0.29 0.29 — — — — — — — — — — — — — — — — Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — — 226 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 28 / 35 Daily, Summer (Max) — — — — — — — — — — — — — — — — — — Worker 0.04 0.03 0.02 0.39 0.00 0.00 0.06 0.06 0.00 0.01 0.01 — 63.6 63.6 < 0.005 < 0.005 0.26 64.6 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — Average Daily — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 3.20 3.20 < 0.005 < 0.005 0.01 3.25 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — — Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.53 0.53 < 0.005 < 0.005 < 0.005 0.54 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 5. Activity Data 5.1. Construction Schedule Phase Name Phase Type Start Date End Date Days Per Week Work Days per Phase Phase Description Site Preparation Site Preparation 7/1/2023 8/13/2023 5.00 30.0 — Grading Grading 8/14/2023 9/25/2023 5.00 30.0 — Building Construction Building Construction 10/24/2023 7/3/2024 5.00 182 — Paving Paving 9/26/2023 10/23/2023 5.00 20.0 — Architectural Coating Architectural Coating 7/4/2024 7/31/2024 5.00 20.0 — 227 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 29 / 35 5.2. Off-Road Equipment 5.2.1. Unmitigated Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Site Preparation Rubber Tired Dozers Diesel Average 3.00 8.00 367 0.40 Site Preparation Tractors/Loaders/Back hoes Diesel Average 4.00 8.00 84.0 0.37 Grading Excavators Diesel Average 2.00 8.00 158 0.38 Grading Graders Diesel Average 1.00 8.00 148 0.41 Grading Rubber Tired Dozers Diesel Average 1.00 8.00 367 0.40 Grading Scrapers Diesel Average 2.00 8.00 423 0.48 Grading Tractors/Loaders/Back hoes Diesel Average 3.00 8.80 84.0 0.37 Grading Excavators Diesel Average 2.00 8.00 36.0 0.38 Building Construction Cranes Diesel Average 1.00 7.00 367 0.29 Building Construction Forklifts Diesel Average 3.00 8.00 82.0 0.20 Building Construction Generator Sets Diesel Average 1.00 8.00 14.0 0.74 Building Construction Tractors/Loaders/Back hoes Diesel Average 3.00 7.00 84.0 0.37 Building Construction Welders Diesel Average 1.00 8.00 46.0 0.45 Paving Pavers Diesel Average 2.00 8.00 130 0.42 Paving Paving Equipment Diesel Average 2.00 8.00 132 0.36 Paving Rollers Diesel Average 2.00 8.00 80.0 0.38 Paving Pavers Diesel Average 2.00 8.00 81.0 0.42 Paving Paving Equipment Diesel Average 2.00 8.00 89.0 0.36 Paving Rollers Diesel Average 2.00 8.00 36.0 0.38 Architectural Coating Air Compressors Diesel Average 1.00 6.00 37.0 0.48 5.2.2. Mitigated 228 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 30 / 35 Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Site Preparation Rubber Tired Dozers Diesel Average 3.00 8.00 367 0.40 Site Preparation Tractors/Loaders/Back hoes Diesel Average 4.00 8.00 84.0 0.37 Grading Excavators Diesel Average 2.00 8.00 158 0.38 Grading Graders Diesel Average 1.00 8.00 148 0.41 Grading Rubber Tired Dozers Diesel Average 1.00 8.00 367 0.40 Grading Scrapers Diesel Average 2.00 8.00 423 0.48 Grading Tractors/Loaders/Back hoes Diesel Average 3.00 8.80 84.0 0.37 Grading Excavators Diesel Average 2.00 8.00 36.0 0.38 Building Construction Cranes Diesel Average 1.00 7.00 367 0.29 Building Construction Forklifts Diesel Average 3.00 8.00 82.0 0.20 Building Construction Generator Sets Diesel Average 1.00 8.00 14.0 0.74 Building Construction Tractors/Loaders/Back hoes Diesel Average 3.00 7.00 84.0 0.37 Building Construction Welders Diesel Average 1.00 8.00 46.0 0.45 Paving Pavers Diesel Average 2.00 8.00 130 0.42 Paving Paving Equipment Diesel Average 2.00 8.00 132 0.36 Paving Rollers Diesel Average 2.00 8.00 80.0 0.38 Paving Pavers Diesel Average 2.00 8.00 81.0 0.42 Paving Paving Equipment Diesel Average 2.00 8.00 89.0 0.36 Paving Rollers Diesel Average 2.00 8.00 36.0 0.38 Architectural Coating Air Compressors Diesel Average 1.00 6.00 37.0 0.48 5.3. Construction Vehicles 5.3.1. Unmitigated Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix 229 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 31 / 35 Site Preparation ———— Site Preparation Worker 17.5 11.4 LDA,LDT1,LDT2 Site Preparation Vendor —8.53 HHDT,MHDT Site Preparation Hauling 0.00 20.0 HHDT Site Preparation Onsite truck 2.00 0.25 HHDT Grading ———— Grading Worker 27.5 11.4 LDA,LDT1,LDT2 Grading Vendor 2.00 8.53 HHDT,MHDT Grading Hauling 0.00 20.0 HHDT Grading Onsite truck 2.00 0.25 HHDT Building Construction ———— Building Construction Worker 35.0 11.4 LDA,LDT1,LDT2 Building Construction Vendor 14.4 8.53 HHDT,MHDT Building Construction Hauling 0.00 20.0 HHDT Building Construction Onsite truck ——HHDT Paving ———— Paving Worker 30.0 11.4 LDA,LDT1,LDT2 Paving Vendor 4.00 8.53 HHDT,MHDT Paving Hauling 0.00 20.0 HHDT Paving Onsite truck 2.00 0.25 HHDT Architectural Coating ———— Architectural Coating Worker 6.99 11.4 LDA,LDT1,LDT2 Architectural Coating Vendor —8.53 HHDT,MHDT Architectural Coating Hauling 0.00 20.0 HHDT Architectural Coating Onsite truck ——HHDT 5.3.2. Mitigated Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix 230 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 32 / 35 Site Preparation ———— Site Preparation Worker 17.5 11.4 LDA,LDT1,LDT2 Site Preparation Vendor —8.53 HHDT,MHDT Site Preparation Hauling 0.00 20.0 HHDT Site Preparation Onsite truck 2.00 0.25 HHDT Grading ———— Grading Worker 27.5 11.4 LDA,LDT1,LDT2 Grading Vendor 2.00 8.53 HHDT,MHDT Grading Hauling 0.00 20.0 HHDT Grading Onsite truck 2.00 0.25 HHDT Building Construction ———— Building Construction Worker 35.0 11.4 LDA,LDT1,LDT2 Building Construction Vendor 14.4 8.53 HHDT,MHDT Building Construction Hauling 0.00 20.0 HHDT Building Construction Onsite truck ——HHDT Paving ———— Paving Worker 30.0 11.4 LDA,LDT1,LDT2 Paving Vendor 4.00 8.53 HHDT,MHDT Paving Hauling 0.00 20.0 HHDT Paving Onsite truck 2.00 0.25 HHDT Architectural Coating ———— Architectural Coating Worker 6.99 11.4 LDA,LDT1,LDT2 Architectural Coating Vendor —8.53 HHDT,MHDT Architectural Coating Hauling 0.00 20.0 HHDT Architectural Coating Onsite truck ——HHDT 5.4. Vehicles 231 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 33 / 35 5.4.1. Construction Vehicle Control Strategies Non-applicable. No control strategies activated by user. 5.5. Architectural Coatings Phase Name Residential Interior Area Coated (sq ft) Residential Exterior Area Coated (sq ft) Non-Residential Interior Area Coated (sq ft) Non-Residential Exterior Area Coated (sq ft) Parking Area Coated (sq ft) Architectural Coating 0.00 0.00 131,550 43,850 37,139 5.6. Dust Mitigation 5.6.1. Construction Earthmoving Activities Phase Name Material Imported (cy)Material Exported (cy)Acres Graded (acres)Material Demolished (sq. ft.)Acres Paved (acres) Site Preparation ——45.0 0.00 — Grading ——90.0 0.00 — Paving 0.00 0.00 0.00 0.00 14.2 5.6.2. Construction Earthmoving Control Strategies Control Strategies Applied Frequency (per day)PM10 Reduction PM2.5 Reduction Water Exposed Area 2 61%61% 5.7. Construction Paving Land Use Area Paved (acres)% Asphalt Unrefrigerated Warehouse-No Rail 0.00 0% General Office Building 0.00 0% Automobile Care Center 0.00 0% Parking Lot 13.2 100% Other Asphalt Surfaces 1.00 100% 232 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 34 / 35 5.8. Construction Electricity Consumption and Emissions Factors kWh per Year and Emission Factor (lb/MWh) Year kWh per Year CO2 CH4 N2O 2023 0.00 204 0.03 < 0.005 2024 0.00 204 0.03 < 0.005 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres 5.18.1.2. Mitigated Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated Biomass Cover Type Initial Acres Final Acres 5.18.1.2. Mitigated Biomass Cover Type Initial Acres Final Acres 5.18.2. Sequestration 5.18.2.1. Unmitigated 233 Central Transport - Mitigated Construction (Level 3 Filters Scenario) Custom Report, 11/12/2024 35 / 35 Tree Type Number Electricity Saved (kWh/year)Natural Gas Saved (btu/year) 5.18.2.2. Mitigated Tree Type Number Electricity Saved (kWh/year)Natural Gas Saved (btu/year) 8. User Changes to Default Data Screen Justification Construction: Construction Phases Earliest anticipated construction schedule per applicant: July 2023 – July 2024 Construction: Off-Road Equipment The horsepower hours for select pieces of equipment were increased to match the default values from CalEEMod 2020 to provide a conservative estimate of emissions. Overall equipment HP usage hours for tractors/loaders/backhoes during the building construction phase were increased to match default usage hours, as the default construction schedule was reduced. Operations: Vehicle Data - Operations: Fleet Mix - 234 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum ATTACHMENT B Health Risk Assessment 235 Health Risk Assessment General Parameters 236 AERMOD View - Lakes Environmental Software D:\Move\0014-024\Transport\Transport.isc SCALE: 0 0.1 km 1:2,978 PROJECT TITLE: Air Dispersion Concentration Trend - Zoomed In Near Project Site COMMENTS:COMPANY NAME: MODELER: DATE: 5/25/2023 PROJECT NO.: SOURCES: 2 RECEPTORS: 156 OUTPUT TYPE: Concentration MAX: 51.6 ug/m^3 237 AERMOD View - Lakes Environmental Software D:\Move\0014-024\Transport\Transport.isc SCALE: 0 0.4 km 1:10,928 PROJECT TITLE: Air Dispersion Concentration Trend (Unit Emissions - Construction Site) Graphical Representation of AERMOD Inputs (Construction) COMMENTS:COMPANY NAME: MODELER: DATE: 5/25/2023 PROJECT NO.: SOURCES: 2 RECEPTORS: 156 OUTPUT TYPE: Concentration MAX: 51.6 ug/m^3 238 AERMOD View - Lakes Environmental Software D:\Move\0014-024\Ops\Ops.isc SCALE: 0 0.4 km 1:11,758 PROJECT TITLE:Graphical Representation of AERMOD Inputs (Operational DPM) COMMENTS:COMPANY NAME: MODELER: DATE: 5/25/2023 PROJECT NO.: SOURCES: 7 RECEPTORS: 156 239 AERMOD View - Lakes Environmental Software D:\Move\0014-024\Ops\Ops.isc SCALE: 0 0.1 km 1:3,204 PROJECT TITLE: Operational DPM AERMOD Inputs - Zoomed In Near the Project Site COMMENTS:COMPANY NAME: MODELER: DATE: 5/25/2023 PROJECT NO.: SOURCES: 7 RECEPTORS: 156 240 243 Health Risk Assessment Unmitigated Construction 244 Central Transport Regional Facility Project Site - Construction DPM Emissions as PM10 Exhaust Estimation of Annual Onsite Construction Emissions Start of Construction 7/1/2023 End of Construction 7/31/2024 Total Number of Days 396 396 Number of Hours 9,504 9,504 Number of Years 1.08 Size of the construction area source:61,767.4 sq-meters Year Unmitigated On-site Construction On-site DPM Activity (pounds) 2023 On-site Site Preparation 54.1523 2023 On-site Grading 52.7982 2023 On-site Building Construction 27.2443 2024 On-site Building Construction 65.7758 2024 On-site Paving 10.7334 2024 On-site Architectural Coating 0.6374 Total Unmitigated DPM (On-site)211.3413 pounds Average Emission 9.595E+04 grams 2.804E-03 grams/sec 4.540E-08 grams/m2-sec Tons/Construction Period 211.3413 Pounds/Construction Period 211.3413 Pounds/Day 0.5337 Pounds/Hour (lbs/hr)0.0222 Average Pounds per Year (lbs/yr) 138.7594 245 Central Transport Regional Facility Estimation of Annual Offsite Construction DPM Emissions (Unmitigated) Start of Construction 7/1/2023 End of Construction 7/31/2024 Total Number of Days 396 396 Number of Hours 9,504 9,504 2023 2023 2023 2024 2024 2024 Construction Trip Type Site Preparation Grading Building Construction Building Construction Paving Architectural Coating Total (pounds) Total (pounds)0.00099 0.02356 0.26645 0.714390239 0.03075 0.63738 1.67352 Haul Truck Vendor Truck Worker Total Site Preparation 0.00 0.00 17.50 17.50 Grading 0.00 2.00 22.50 24.50 Building Construction 0.00 14.37 34.96 49.34 Paving 0.00 4.00 15.00 19.00 Architectural Coating 0.00 0.00 6.99 6.99 Total 0.00 20.37 96.96 117.33 Haul Truck Vendor Truck Worker Total (pounds)(pounds)(pounds)(pounds) Total DPM 0.000E+00 2.906E-01 1.383E+00 1.674E+00 Average Emissions Grams 0.000E+00 1.319E+02 6.278E+02 Grams/sec 0.000E+00 3.856E-06 1.835E-05 Default Distance 20 8.53 11.41 Vehicle Travel Distances in the Construction HRA (miles) Road Segment 1 (mi)0.63 0.63 0.63 miles Trip Distribution (percent) Off-site Road Segment 1 100.0% 100.0% 100.0% off-site Total Average Offsite Vehicle Emissions Along Travel Distance (g/sec)Total Road Segment 1 0.000E+00 2.859E-07 1.017E-06 1.303E-06 Grams/sec Pounds/Hour Pounds/Day Pounds/year Tons/year Road Segment 1 1.303E-06 1.034E-05 2.482E-04 9.060E-02 4.530E-05 Default Vehicle Travel Distance in CalEEMod 246 Health Risk Summary - Unmitigated Construction (Summary of HARP2 Results) Central Transport Regional Facility Cancer MAXHI MAXHI RISK_SUM Risk/million NonCancer Chronic Acute Maximum Risk 9.899E-06 9.90 7.616E-03 0.00E+00 X Y 0.0076 MEI UTM 251417.25 4063705.56 Receptor # 26 *HARP - HRACalc v22118 5/25/2023 4:30:22 PM - Cancer Risk - Input File: F:\Move\0014-024\HARP\TRANSPORT CONSTRUCTION\hra\Unmit ConHRAInput.hra *HARP - HRACalc v22118 5/25/2023 4:30:22 PM - Chronic Risk - Input File: F:\Move\0014-024\HARP\TRANSPORT CONSTRUCTION\hra\Unmit ConHRAInput.hra *HARP - HRACalc v22118 5/25/2023 4:30:22 PM - Acute Risk - Input File: F:\Move\0014-024\HARP\TRANSPORT CONSTRUCTION\hra\Unmit ConHRAInput.hra MAXHI MAXHI REC GRP X Y RISK_SUM SCENARIO NonCancerChronic Acute 1 ALL 251764.75 4063976.15 3.8701E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.9773E-04 0.00E+00 2 ALL 251726.96 4064070.11 2.8513E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.1935E-04 0.00E+00 3 ALL 251689.18 4064164.07 2.3496E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.8076E-04 0.00E+00 4 ALL 251623.83 4064231.20 2.4626E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.8945E-04 0.00E+00 5 ALL 251513.84 4064275.85 3.2076E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.4676E-04 0.00E+00 6 ALL 251438.02 4064311.82 3.5595E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.7384E-04 0.00E+00 7 ALL 251783.23 4063871.66 6.4345E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.9502E-04 0.00E+00 8 ALL 251782.81 4063814.14 8.5783E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.5995E-04 0.00E+00 9 ALL 251782.40 4063756.63 1.0718E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.2453E-04 0.00E+00 10 ALL 251863.39 4063978.79 2.7102E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.0850E-04 0.00E+00 11 ALL 251843.15 4064029.13 2.3122E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.7788E-04 0.00E+00 12 ALL 251822.91 4064079.46 2.0279E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.5601E-04 0.00E+00 13 ALL 251802.67 4064129.80 1.8276E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4060E-04 0.00E+00 14 ALL 251782.43 4064180.13 1.6788E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2915E-04 0.00E+00 15 ALL 251762.18 4064230.47 1.5664E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2051E-04 0.00E+00 16 ALL 251692.17 4064302.39 1.6519E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2709E-04 0.00E+00 17 ALL 251642.40 4064323.99 1.8474E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4212E-04 0.00E+00 18 ALL 251592.63 4064345.58 2.0483E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.5758E-04 0.00E+00 19 ALL 251542.86 4064367.17 2.2248E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.7116E-04 0.00E+00 20 ALL 251493.09 4064388.77 2.3566E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.8130E-04 0.00E+00 21 ALL 251443.32 4064410.36 2.4432E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.8796E-04 0.00E+00 22 ALL 251883.64 4063928.46 3.2341E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.4881E-04 0.00E+00 23 ALL 251883.22 4063870.94 4.2667E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.2824E-04 0.00E+00 24 ALL 251882.81 4063813.42 5.4770E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.2136E-04 0.00E+00 25 ALL 251882.40 4063755.91 6.7043E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.1578E-04 0.00E+00 26 ALL 251417.25 4063705.56 9.8992E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.6157E-03 0.00E+00 27 ALL 251417.92 4063681.40 7.1683E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.5147E-03 0.00E+00 28 ALL 251416.49 4063663.79 5.8110E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.4705E-03 0.00E+00 29 ALL 251412.99 4063623.41 3.7509E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.8856E-03 0.00E+00 30 ALL 251498.72 4063668.40 5.1196E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.9386E-03 0.00E+00 31 ALL 251353.54 4063571.62 1.9855E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.5275E-03 0.00E+00 32 ALL 251477.29 4063553.03 2.1254E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.6351E-03 0.00E+00 33 ALL 251369.81 4063551.70 1.7263E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3281E-03 0.00E+00 34 ALL 251408.36 4063375.57 5.5996E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.3079E-04 0.00E+00 35 ALL 251487.54 4063408.15 7.9994E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.1541E-04 0.00E+00 36 ALL 251575.18 4063438.62 1.0636E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.1824E-04 0.00E+00 37 ALL 251676.28 4063511.07 1.4354E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1043E-03 0.00E+00 38 ALL 251711.65 4063592.92 1.6738E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2877E-03 0.00E+00 39 ALL 251747.03 4063674.77 1.5148E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1653E-03 0.00E+00 40 ALL 251316.62 4063361.78 4.2082E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.2374E-04 0.00E+00 41 ALL 251216.54 4063365.73 3.6784E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.8299E-04 0.00E+00 42 ALL 251116.47 4063369.67 3.3898E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.6079E-04 0.00E+00 43 ALL 251408.33 4063277.13 3.4157E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.6278E-04 0.00E+00 44 ALL 251499.56 4063311.61 4.8409E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.7242E-04 0.00E+00 45 ALL 251590.79 4063346.09 6.5903E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.0701E-04 0.00E+00 46 ALL 251682.02 4063380.57 8.1568E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.2752E-04 0.00E+00 47 ALL 251746.98 4063442.57 9.9663E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.6673E-04 0.00E+00 48 ALL 251785.67 4063532.10 1.1679E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.9848E-04 0.00E+00 49 ALL 251824.36 4063621.62 1.0946E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.4210E-04 0.00E+00 50 ALL 251312.68 4063261.86 2.7421E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.1095E-04 0.00E+00 51 ALL 251212.61 4063265.80 2.5619E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.9709E-04 0.00E+00 247 52 ALL 251112.53 4063269.75 2.4718E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.9016E-04 0.00E+00 53 ALL 250750.28 4063734.07 7.8343E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.0271E-04 0.00E+00 54 ALL 250786.04 4063639.07 6.8737E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.2881E-04 0.00E+00 55 ALL 250821.79 4063544.07 5.2759E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.0589E-04 0.00E+00 56 ALL 250885.80 4063475.42 4.2815E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.2938E-04 0.00E+00 57 ALL 250978.07 4063433.12 3.8416E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.9554E-04 0.00E+00 58 ALL 250737.34 4063943.02 1.1887E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.1446E-04 0.00E+00 59 ALL 250649.21 4063740.09 5.8939E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.5343E-04 0.00E+00 60 ALL 250682.73 4063651.03 5.5371E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.2598E-04 0.00E+00 61 ALL 250716.25 4063561.97 4.7769E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.6750E-04 0.00E+00 62 ALL 250749.77 4063472.91 3.7717E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.9016E-04 0.00E+00 63 ALL 250809.78 4063408.55 3.2027E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.4639E-04 0.00E+00 64 ALL 250896.28 4063368.89 2.8738E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.2109E-04 0.00E+00 65 ALL 250982.78 4063329.23 2.6640E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.0495E-04 0.00E+00 66 ALL 250634.10 4063838.44 6.7736E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.2111E-04 0.00E+00 67 ALL 250637.38 4063946.07 8.3282E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.4070E-04 0.00E+00 68 ALL 251100.51 4064315.37 7.1077E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.4681E-04 0.00E+00 69 ALL 251016.32 4064272.32 9.5637E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.3576E-04 0.00E+00 70 ALL 250932.12 4064229.27 1.1810E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.0859E-04 0.00E+00 71 ALL 250847.92 4064186.21 1.2970E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.9778E-04 0.00E+00 72 ALL 250800.49 4064117.70 1.4589E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1224E-03 0.00E+00 73 ALL 251192.40 4064335.92 5.4742E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.2114E-04 0.00E+00 74 ALL 251281.48 4064325.84 4.7667E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.6671E-04 0.00E+00 75 ALL 251102.49 4064415.35 4.4752E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.4428E-04 0.00E+00 76 ALL 251018.30 4064372.30 5.9452E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.5738E-04 0.00E+00 77 ALL 250934.10 4064329.25 7.4857E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.7590E-04 0.00E+00 78 ALL 250849.90 4064286.19 8.7343E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.7195E-04 0.00E+00 79 ALL 250765.71 4064243.14 9.4102E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.2395E-04 0.00E+00 80 ALL 250718.27 4064174.63 1.0560E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.1241E-04 0.00E+00 81 ALL 250707.60 4064080.67 1.1673E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.9807E-04 0.00E+00 82 ALL 250696.93 4063986.71 1.0828E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.3306E-04 0.00E+00 83 ALL 250686.25 4063892.75 8.9217E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.8636E-04 0.00E+00 84 ALL 250675.58 4063798.78 7.0926E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.4565E-04 0.00E+00 85 ALL 251194.38 4064435.90 3.5504E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.7314E-04 0.00E+00 86 ALL 251293.97 4064433.92 2.9745E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.2884E-04 0.00E+00 87 ALL 251393.55 4064431.95 2.4941E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.9187E-04 0.00E+00 88 ALL 251472.38 4063724.17 8.9832E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.9110E-03 0.00E+00 89 ALL 251473.87 4063705.27 7.6175E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.8603E-03 0.00E+00 90 ALL 251471.88 4063668.95 5.6106E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.3163E-03 0.00E+00 91 ALL 251467.90 4063551.80 2.0914E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.6089E-03 0.00E+00 92 ALL 251405.96 4063570.45 2.2316E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.7168E-03 0.00E+00 93 ALL 251385.57 4063551.30 1.7933E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3796E-03 0.00E+00 94 ALL 251474.54 4063431.36 9.0152E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.9356E-04 0.00E+00 95 ALL 251475.81 4063417.20 8.2767E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.3675E-04 0.00E+00 96 ALL 251471.79 4063390.13 6.9994E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.3848E-04 0.00E+00 97 ALL 251481.30 4063383.16 6.8399E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.2621E-04 0.00E+00 98 ALL 251471.79 4063376.18 6.4659E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.9744E-04 0.00E+00 99 ALL 251472.00 4063367.09 6.1502E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.7315E-04 0.00E+00 100 ALL 251396.31 4063445.74 8.2203E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.3241E-04 0.00E+00 101 ALL 251383.41 4063445.32 7.9035E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.0803E-04 0.00E+00 102 ALL 251521.05 4063429.67 9.5993E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.3849E-04 0.00E+00 103 ALL 251521.48 4063419.52 9.0388E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.9538E-04 0.00E+00 104 ALL 251553.09 4063527.74 1.7995E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3844E-03 0.00E+00 105 ALL 251552.49 4063511.24 1.6239E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2493E-03 0.00E+00 106 ALL 251533.28 4063510.94 1.6192E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2457E-03 0.00E+00 107 ALL 251467.58 4063531.34 1.7853E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3734E-03 0.00E+00 108 ALL 251495.48 4063533.14 1.8534E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4259E-03 0.00E+00 109 ALL 251579.79 4063520.24 1.6965E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3051E-03 0.00E+00 110 ALL 251581.89 4063507.94 1.5797E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2153E-03 0.00E+00 111 ALL 251656.29 4063429.03 1.0219E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.8615E-04 0.00E+00 112 ALL 251522.48 4063454.54 1.1203E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.6188E-04 0.00E+00 113 ALL 251655.99 4063419.43 9.7693E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.5157E-04 0.00E+00 114 ALL 251769.83 4063416.82 8.8604E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.8165E-04 0.00E+00 115 ALL 251795.25 4063414.70 8.5056E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.5435E-04 0.00E+00 116 ALL 251395.34 4063957.20 7.3026E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.6181E-03 0.00E+00 117 ALL 251422.90 4063957.35 4.9780E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.8297E-03 0.00E+00 118 ALL 251355.08 4063984.61 6.6183E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.0916E-03 0.00E+00 119 ALL 251335.03 4063985.55 7.7738E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.9806E-03 0.00E+00 120 ALL 251407.73 4064058.90 1.5774E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2135E-03 0.00E+00 248 121 ALL 251426.03 4064065.51 1.3297E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0230E-03 0.00E+00 122 ALL 251427.83 4064076.01 1.2140E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.3394E-04 0.00E+00 123 ALL 251421.34 4064100.09 1.0592E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.1487E-04 0.00E+00 124 ALL 251431.96 4064108.12 9.5226E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.3260E-04 0.00E+00 125 ALL 251431.75 4064099.01 1.0115E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.7814E-04 0.00E+00 126 ALL 251377.11 4064117.44 1.1728E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.0229E-04 0.00E+00 127 ALL 251427.84 4064139.77 8.0047E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.1582E-04 0.00E+00 128 ALL 251425.89 4064130.45 8.5285E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.5612E-04 0.00E+00 129 ALL 251437.60 4064128.71 8.1906E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.3012E-04 0.00E+00 130 ALL 251442.01 4064153.19 7.0341E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.4115E-04 0.00E+00 131 ALL 251429.79 4064167.76 6.8087E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.2380E-04 0.00E+00 132 ALL 251423.21 4064173.87 6.7550E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.1968E-04 0.00E+00 133 ALL 251392.66 4064185.78 7.1041E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.4654E-04 0.00E+00 134 ALL 251430.10 4064186.09 6.1931E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.7645E-04 0.00E+00 135 ALL 251421.48 4064186.09 6.3800E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.9083E-04 0.00E+00 136 ALL 251280.01 4064312.85 5.0857E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.9126E-04 0.00E+00 137 ALL 251254.80 4064290.65 6.0142E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.6269E-04 0.00E+00 138 ALL 251271.00 4064286.74 5.9146E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.5502E-04 0.00E+00 139 ALL 251380.24 4064290.05 4.4242E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.4036E-04 0.00E+00 140 ALL 251374.24 4064324.56 3.8741E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.9804E-04 0.00E+00 141 ALL 251373.04 4064311.35 4.1074E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.1599E-04 0.00E+00 142 ALL 251497.58 4064233.03 3.9628E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.0487E-04 0.00E+00 143 ALL 251496.68 4064221.92 4.1444E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.1883E-04 0.00E+00 144 ALL 251511.09 4064227.62 3.8234E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.9414E-04 0.00E+00 145 ALL 251527.29 4064233.63 3.5120E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.7019E-04 0.00E+00 146 ALL 251524.59 4064221.92 3.6962E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.8436E-04 0.00E+00 147 ALL 251494.72 4064278.46 3.4181E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.6297E-04 0.00E+00 148 ALL 251496.00 4064258.31 3.6448E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.8040E-04 0.00E+00 149 ALL 251510.03 4064257.29 3.4619E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.6633E-04 0.00E+00 150 ALL 251526.86 4064257.54 3.2479E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.4987E-04 0.00E+00 151 ALL 251612.98 4064260.98 2.3660E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.8202E-04 0.00E+00 152 ALL 250773.31 4063447.18 3.5490E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.7304E-04 0.00E+00 153 ALL 250909.68 4064317.38 7.8747E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.0582E-04 0.00E+00 154 ALL 250904.38 4064270.76 9.6074E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.3912E-04 0.00E+00 155 ALL 250885.67 4064329.39 7.4721E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.7485E-04 0.00E+00 156 ALL 250867.66 4064335.04 7.2801E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.6007E-04 0.00E+00 249 HARP2 - HRACalc (dated 22118) 5/25/2023 4:30:22 PM - Output Log GLCs loaded successfully Pollutants loaded successfully Pathway receptors loaded successfully ********************************** RISK SCENARIO SETTINGS Receptor Type: Resident Scenario: All Calculation Method: HighEnd ********************************** EXPOSURE DURATION PARAMETERS FOR CANCER Start Age: -0.25 Total Exposure Duration: 1.5 Exposure Duration Bin Distribution 3rd Trimester Bin: 0.25 0<2 Years Bin: 1.5 2<9 Years Bin: 0 2<16 Years Bin: 0 16<30 Years Bin: 0 16 to 70 Years Bin: 0 ********************************** PATHWAYS ENABLED NOTE: Inhalation is always enabled and used for all assessments. The remaining pathways are only used for cancer and noncancer chronic assessments. Inhalation: True Soil: True Dermal: True Mother's milk: True Water: False Fish: False Homegrown crops: True 251 Beef: False Dairy: False Pig: False Chicken: False Egg: False ********************************** INHALATION Daily breathing rate: LongTerm24HR **Worker Adjustment Factors** Worker adjustment factors enabled: NO **Fraction at time at home** 3rd Trimester to 16 years: OFF 16 years to 70 years: OFF ********************************** SOIL & DERMAL PATHWAY SETTINGS Deposition rate (m/s): 0.02 Soil mixing depth (m): 0.01 Dermal climate: Mixed ********************************** HOMEGROWN CROP PATHWAY SETTINGS Household type: HouseholdsthatGarden Fraction leafy: 0.137 Fraction exposed: 0.137 Fraction protected: 0.137 Fraction root: 0.137 ********************************** TIER 2 SETTINGS Tier2 adjustments were used in this assessment. Please see the input file for details. Tier2 - What was changed: ED or start age changed| 252 Calculating cancer risk Cancer risk breakdown by pollutant and receptor saved to: F:\Move\0014-024\HARP\TRANSPORT CONSTRUCTION\hra\Unmit ConCancerRisk.csv Cancer risk total by receptor saved to: F:\Move\0014-024\HARP\TRANSPORT CONSTRUCTION\hra\Unmit ConCancerRiskSumByRec.csv Calculating chronic risk Chronic risk breakdown by pollutant and receptor saved to: F:\Move\0014-024\HARP\TRANSPORT CONSTRUCTION\hra\Unmit ConNCChronicRisk.csv Chronic risk total by receptor saved to: F:\Move\0014-024\HARP\TRANSPORT CONSTRUCTION\hra\Unmit ConNCChronicRiskSumByRec.csv Calculating acute risk Acute risk breakdown by pollutant and receptor saved to: F:\Move\0014-024\HARP\TRANSPORT CONSTRUCTION\hra\Unmit ConNCAcuteRisk.csv Acute risk total by receptor saved to: F:\Move\0014-024\HARP\TRANSPORT CONSTRUCTION\hra\Unmit ConNCAcuteRiskSumByRec.csv HRA ran successfully 253 Health Risk Assessment Mitigated Construction Tier 4 Equipment Scenario 254 Central Transport Regional Facility (Mitigated Construction - Tier 4 Scenario) Project Site - Construction DPM Emissions as PM10 Exhaust Estimation of Annual Onsite Construction Emissions Start of Construction 7/1/2023 End of Construction 7/31/2024 Total Number of Days 396 396 Number of Hours 9,504 9,504 Number of Years 1.08 Size of the construction area source:61,767.4 sq-meters Year Tier 4 Mitigated On-site Construction On-site DPM Activity (pounds) 2023 On-site Site Preparation 2.9880 2023 On-site Grading 6.3064 2023 On-site Building Construction 6.3237 2024 On-site Building Construction 15.8731 2024 On-site Paving 2.6556 2024 On-site Architectural Coating 0.5864 Total Tier 4 Mitigated DPM (On-site)34.7331 pounds Average Emission 1.577E+04 grams 4.609E-04 grams/sec 7.462E-09 grams/m2-sec Tons/Construction Period 34.7331 Pounds/Construction Period 34.7331 Pounds/Day 0.0877 Pounds/Hour (lbs/hr)0.0037 Average Pounds per Year (lbs/yr)22.8045 255 Central Transport Regional Facility (Mitigated Construction - Tier 4 Scenario) Estimation of Annual Offsite Construction DPM Emissions (Tier 4 Mitigated Construction - No Change Compared to Unmitigated) Start of Construction 7/1/2023 End of Construction 7/31/2024 Total Number of Days 396 396 Number of Hours 9,504 9,504 2023 2023 2023 2024 2024 2024 Construction Trip Type Site Preparation Grading Building Construction Building Construction Paving Architectural Coating Total (pounds) Total (pounds)0.00099 0.02356 0.26645 0.714390239 0.03075 0.63738 1.67352 Haul Truck Vendor Truck Worker Total Site Preparation 0.00 0.00 17.50 17.50 Grading 0.00 2.00 22.50 24.50 Building Construction 0.00 14.37 34.96 49.34 Paving 0.00 4.00 15.00 19.00 Architectural Coating 0.00 0.00 6.99 6.99 Total 0.00 20.37 96.96 117.33 Haul Truck Vendor Truck Worker Total (pounds) (pounds) (pounds) (pounds) Total DPM 0.000E+00 2.906E-01 1.383E+00 1.674E+00 Average Emissions Grams 0.000E+00 1.319E+02 6.278E+02 Grams/sec 0.000E+00 3.856E-06 1.835E-05 Default Distance 20 8.53 11.41 Vehicle Travel Distances in the Construction HRA (miles) Road Segment 1 (mi)0.63 0.63 0.63 miles Trip Distribution (percent) Off-site Road Segment 1 100.0% 100.0% 100.0% off-site Total Average Offsite Vehicle Emissions Along Travel Distance (g/sec)Total Road Segment 1 0.000E+00 2.859E-07 1.017E-06 1.303E-06 Grams/sec Pounds/Hour Pounds/Day Pounds/year Tons/year Road Segment 1 1.303E-06 1.034E-05 2.482E-04 9.060E-02 4.530E-05 Default Vehicle Travel Distance in CalEEMod 256 Health Risk Summary - Tier 4 Mitigated Construction (Summary of HARP2 Results) Central Transport Regional Facility (Mitigated Construction - Tier 4 Scenario) Cancer MAXHI MAXHI RISK_SUM Risk/million NonCancer Chronic Acute Maximum Risk 1.637E-06 1.64 1.260E-03 0.00E+00 X Y MEI UTM 251417.25 4063705.56 Receptor # 26 *HARP - HRACalc v22118 11/12/2024 11:16:20 PM - Cancer Risk - Input File: F:\HRA\0014-024\HARP\03 - T4 Mit Con\hra\Mit Con T4HRAInput.hra *HARP - HRACalc v22118 11/12/2024 11:16:20 PM - Chronic Risk - Input File: F:\HRA\0014-024\HARP\03 - T4 Mit Con\hra\Mit Con T4HRAInput.hra *HARP - HRACalc v22118 11/12/2024 11:16:20 PM - Acute Risk - Input File: F:\HRA\0014-024\HARP\03 - T4 Mit Con\hra\Mit Con T4HRAInput.hra MAXHI MAXHI REC GRP X Y RISK_SUM SCENARIO NonCancerChronic Acute 1 ALL 251764.75 4063976.15 6.4275E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.9448E-05 0.00E+00 2 ALL 251726.96 4064070.11 4.7611E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.6628E-05 0.00E+00 3 ALL 251689.18 4064164.07 3.9417E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.0324E-05 0.00E+00 4 ALL 251623.83 4064231.20 4.1590E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.1996E-05 0.00E+00 5 ALL 251513.84 4064275.85 5.7890E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.4536E-05 0.00E+00 6 ALL 251438.02 4064311.82 6.8342E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.2577E-05 0.00E+00 7 ALL 251783.23 4063871.66 1.0640E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.1854E-05 0.00E+00 8 ALL 251782.81 4063814.14 1.4164E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0897E-04 0.00E+00 9 ALL 251782.40 4063756.63 1.7680E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3602E-04 0.00E+00 10 ALL 251863.39 4063978.79 4.4965E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.4592E-05 0.00E+00 11 ALL 251843.15 4064029.13 3.8432E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.9566E-05 0.00E+00 12 ALL 251822.91 4064079.46 3.3761E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.5973E-05 0.00E+00 13 ALL 251802.67 4064129.80 3.0462E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.3435E-05 0.00E+00 14 ALL 251782.43 4064180.13 2.7999E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.1540E-05 0.00E+00 15 ALL 251762.18 4064230.47 2.6120E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.0094E-05 0.00E+00 16 ALL 251692.17 4064302.39 2.7554E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.1198E-05 0.00E+00 17 ALL 251642.40 4064323.99 3.0863E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.3743E-05 0.00E+00 18 ALL 251592.63 4064345.58 3.4304E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.6391E-05 0.00E+00 19 ALL 251542.86 4064367.17 3.7412E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.8782E-05 0.00E+00 20 ALL 251493.09 4064388.77 3.9847E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.0655E-05 0.00E+00 21 ALL 251443.32 4064410.36 4.1273E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.1752E-05 0.00E+00 22 ALL 251883.64 4063928.46 5.3562E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.1207E-05 0.00E+00 23 ALL 251883.22 4063870.94 7.0551E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.4277E-05 0.00E+00 24 ALL 251882.81 4063813.42 9.0456E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.9590E-05 0.00E+00 25 ALL 251882.40 4063755.91 1.1063E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.5113E-05 0.00E+00 26 ALL 251417.25 4063705.56 1.6373E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2596E-03 0.00E+00 27 ALL 251417.92 4063681.40 1.1889E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.1464E-04 0.00E+00 28 ALL 251416.49 4063663.79 9.6554E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.4281E-04 0.00E+00 29 ALL 251412.99 4063623.41 6.2629E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.8182E-04 0.00E+00 30 ALL 251498.72 4063668.40 8.4730E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.5185E-04 0.00E+00 31 ALL 251353.54 4063571.62 3.2977E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.5370E-04 0.00E+00 32 ALL 251477.29 4063553.03 3.5818E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.7556E-04 0.00E+00 33 ALL 251369.81 4063551.70 2.8804E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.2159E-04 0.00E+00 34 ALL 251408.36 4063375.57 1.0186E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.8361E-05 0.00E+00 35 ALL 251487.54 4063408.15 1.3723E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0557E-04 0.00E+00 36 ALL 251575.18 4063438.62 1.7668E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3593E-04 0.00E+00 37 ALL 251676.28 4063511.07 2.3691E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.8226E-04 0.00E+00 38 ALL 251711.65 4063592.92 2.7595E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.1230E-04 0.00E+00 39 ALL 251747.03 4063674.77 2.4971E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.9211E-04 0.00E+00 40 ALL 251316.62 4063361.78 7.0486E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.4226E-05 0.00E+00 41 ALL 251216.54 4063365.73 6.1055E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.6971E-05 0.00E+00 42 ALL 251116.47 4063369.67 5.6090E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.3151E-05 0.00E+00 43 ALL 251408.33 4063277.13 5.7251E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.4044E-05 0.00E+00 44 ALL 251499.56 4063311.61 8.2465E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.3442E-05 0.00E+00 45 ALL 251590.79 4063346.09 1.0973E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.4420E-05 0.00E+00 46 ALL 251682.02 4063380.57 1.3493E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0381E-04 0.00E+00 47 ALL 251746.98 4063442.57 1.6449E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2654E-04 0.00E+00 48 ALL 251785.67 4063532.10 1.9256E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4814E-04 0.00E+00 49 ALL 251824.36 4063621.62 1.8045E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3882E-04 0.00E+00 50 ALL 251312.68 4063261.86 4.5584E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.5069E-05 0.00E+00 51 ALL 251212.61 4063265.80 4.2464E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.2668E-05 0.00E+00 257 52 ALL 251112.53 4063269.75 4.0890E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.1457E-05 0.00E+00 53 ALL 250750.28 4063734.07 1.2901E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.9252E-05 0.00E+00 54 ALL 250786.04 4063639.07 1.1322E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.7103E-05 0.00E+00 55 ALL 250821.79 4063544.07 8.6946E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.6889E-05 0.00E+00 56 ALL 250885.80 4063475.42 7.0609E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.4321E-05 0.00E+00 57 ALL 250978.07 4063433.12 6.3421E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.8791E-05 0.00E+00 58 ALL 250737.34 4063943.02 1.9563E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.5050E-04 0.00E+00 59 ALL 250649.21 4063740.09 9.7074E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.4681E-05 0.00E+00 60 ALL 250682.73 4063651.03 9.1204E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.0165E-05 0.00E+00 61 ALL 250716.25 4063561.97 7.8700E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.0546E-05 0.00E+00 62 ALL 250749.77 4063472.91 6.2167E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.7827E-05 0.00E+00 63 ALL 250809.78 4063408.55 5.2818E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.0634E-05 0.00E+00 64 ALL 250896.28 4063368.89 4.7432E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.6490E-05 0.00E+00 65 ALL 250982.78 4063329.23 4.4007E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.3855E-05 0.00E+00 66 ALL 250634.10 4063838.44 1.1154E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.5811E-05 0.00E+00 67 ALL 250637.38 4063946.07 1.3710E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0548E-04 0.00E+00 68 ALL 251100.51 4064315.37 1.1738E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.0301E-05 0.00E+00 69 ALL 251016.32 4064272.32 1.5764E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2128E-04 0.00E+00 70 ALL 250932.12 4064229.27 1.9449E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4963E-04 0.00E+00 71 ALL 250847.92 4064186.21 2.1349E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.6424E-04 0.00E+00 72 ALL 250800.49 4064117.70 2.4008E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.8470E-04 0.00E+00 73 ALL 251192.40 4064335.92 9.0721E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.9794E-05 0.00E+00 74 ALL 251281.48 4064325.84 7.9537E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.1190E-05 0.00E+00 75 ALL 251102.49 4064415.35 7.4019E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.6944E-05 0.00E+00 76 ALL 251018.30 4064372.30 9.8122E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.5488E-05 0.00E+00 77 ALL 250934.10 4064329.25 1.2339E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.4926E-05 0.00E+00 78 ALL 250849.90 4064286.19 1.4386E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1068E-04 0.00E+00 79 ALL 250765.71 4064243.14 1.5493E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1919E-04 0.00E+00 80 ALL 250718.27 4064174.63 1.7381E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3372E-04 0.00E+00 81 ALL 250707.60 4064080.67 1.9211E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4780E-04 0.00E+00 82 ALL 250696.93 4063986.71 1.7822E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3711E-04 0.00E+00 83 ALL 250686.25 4063892.75 1.4687E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1299E-04 0.00E+00 84 ALL 250675.58 4063798.78 1.1680E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.9855E-05 0.00E+00 85 ALL 251194.38 4064435.90 5.8913E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.5323E-05 0.00E+00 86 ALL 251293.97 4064433.92 4.9631E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.8182E-05 0.00E+00 87 ALL 251393.55 4064431.95 4.1879E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.2218E-05 0.00E+00 88 ALL 251472.38 4063724.17 1.4883E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1450E-03 0.00E+00 89 ALL 251473.87 4063705.27 1.2631E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.7175E-04 0.00E+00 90 ALL 251471.88 4063668.95 9.3364E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.1827E-04 0.00E+00 91 ALL 251467.90 4063551.80 3.5537E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.7340E-04 0.00E+00 92 ALL 251405.96 4063570.45 3.7528E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.8871E-04 0.00E+00 93 ALL 251385.57 4063551.30 3.0032E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.3104E-04 0.00E+00 94 ALL 251474.54 4063431.36 1.5637E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2030E-04 0.00E+00 95 ALL 251475.81 4063417.20 1.4375E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1059E-04 0.00E+00 96 ALL 251471.79 4063390.13 1.2310E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.4700E-05 0.00E+00 97 ALL 251481.30 4063383.16 1.1864E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.1272E-05 0.00E+00 98 ALL 251471.79 4063376.18 1.1400E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.7706E-05 0.00E+00 99 ALL 251472.00 4063367.09 1.0853E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.3496E-05 0.00E+00 100 ALL 251396.31 4063445.74 1.4230E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0948E-04 0.00E+00 101 ALL 251383.41 4063445.32 1.3534E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0412E-04 0.00E+00 102 ALL 251521.05 4063429.67 1.6114E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2397E-04 0.00E+00 103 ALL 251521.48 4063419.52 1.5186E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1683E-04 0.00E+00 104 ALL 251553.09 4063527.74 2.9826E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.2946E-04 0.00E+00 105 ALL 251552.49 4063511.24 2.6938E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.0724E-04 0.00E+00 106 ALL 251533.28 4063510.94 2.6924E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.0714E-04 0.00E+00 107 ALL 251467.58 4063531.34 3.0493E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.3459E-04 0.00E+00 108 ALL 251495.48 4063533.14 3.1034E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.3875E-04 0.00E+00 109 ALL 251579.79 4063520.24 2.8075E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.1599E-04 0.00E+00 110 ALL 251581.89 4063507.94 2.6151E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.0118E-04 0.00E+00 111 ALL 251656.29 4063429.03 1.6900E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3002E-04 0.00E+00 112 ALL 251522.48 4063454.54 1.8754E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4428E-04 0.00E+00 113 ALL 251655.99 4063419.43 1.6161E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2433E-04 0.00E+00 114 ALL 251769.83 4063416.82 1.4624E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1251E-04 0.00E+00 115 ALL 251795.25 4063414.70 1.4035E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0798E-04 0.00E+00 116 ALL 251395.34 4063957.20 1.2056E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.2751E-04 0.00E+00 117 ALL 251422.90 4063957.35 8.2792E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.3693E-04 0.00E+00 118 ALL 251355.08 4063984.61 1.0908E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.3920E-04 0.00E+00 119 ALL 251335.03 4063985.55 1.2802E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.8486E-04 0.00E+00 120 ALL 251407.73 4064058.90 2.6573E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.0443E-04 0.00E+00 258 121 ALL 251426.03 4064065.51 2.2833E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.7566E-04 0.00E+00 122 ALL 251427.83 4064076.01 2.0972E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.6134E-04 0.00E+00 123 ALL 251421.34 4064100.09 1.8255E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4044E-04 0.00E+00 124 ALL 251431.96 4064108.12 1.6765E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2898E-04 0.00E+00 125 ALL 251431.75 4064099.01 1.7740E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3648E-04 0.00E+00 126 ALL 251377.11 4064117.44 1.9659E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.5124E-04 0.00E+00 127 ALL 251427.84 4064139.77 1.4123E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0865E-04 0.00E+00 128 ALL 251425.89 4064130.45 1.4943E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1496E-04 0.00E+00 129 ALL 251437.60 4064128.71 1.4757E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1353E-04 0.00E+00 130 ALL 251442.01 4064153.19 1.3019E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0016E-04 0.00E+00 131 ALL 251429.79 4064167.76 1.2184E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.3737E-05 0.00E+00 132 ALL 251423.21 4064173.87 1.1936E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.1830E-05 0.00E+00 133 ALL 251392.66 4064185.78 1.2132E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.3336E-05 0.00E+00 134 ALL 251430.10 4064186.09 1.1164E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.5886E-05 0.00E+00 135 ALL 251421.48 4064186.09 1.1277E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.6759E-05 0.00E+00 136 ALL 251280.01 4064312.85 8.4812E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.5247E-05 0.00E+00 137 ALL 251254.80 4064290.65 9.9956E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.6898E-05 0.00E+00 138 ALL 251271.00 4064286.74 9.8439E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.5731E-05 0.00E+00 139 ALL 251380.24 4064290.05 7.5969E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.8444E-05 0.00E+00 140 ALL 251374.24 4064324.56 6.6304E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.1009E-05 0.00E+00 141 ALL 251373.04 4064311.35 7.0256E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.4049E-05 0.00E+00 142 ALL 251497.58 4064233.03 7.3605E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.6626E-05 0.00E+00 143 ALL 251496.68 4064221.92 7.6800E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.9084E-05 0.00E+00 144 ALL 251511.09 4064227.62 6.8855E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.2972E-05 0.00E+00 145 ALL 251527.29 4064233.63 6.1980E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.7683E-05 0.00E+00 146 ALL 251524.59 4064221.92 6.5297E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.0234E-05 0.00E+00 147 ALL 251494.72 4064278.46 6.5131E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.0106E-05 0.00E+00 148 ALL 251496.00 4064258.31 6.8712E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.2862E-05 0.00E+00 149 ALL 251510.03 4064257.29 6.2889E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.8382E-05 0.00E+00 150 ALL 251526.86 4064257.54 5.7459E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.4204E-05 0.00E+00 151 ALL 251612.98 4064260.98 3.9950E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.0734E-05 0.00E+00 152 ALL 250773.31 4063447.18 5.8509E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.5013E-05 0.00E+00 153 ALL 250909.68 4064317.38 1.2977E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.9833E-05 0.00E+00 154 ALL 250904.38 4064270.76 1.5825E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2175E-04 0.00E+00 155 ALL 250885.67 4064329.39 1.2313E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.4727E-05 0.00E+00 156 ALL 250867.66 4064335.04 1.1996E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.2289E-05 0.00E+00 259 HARP2 - HRACalc (dated 22118) 11/12/2024 11:16:20 PM - Output Log GLCs loaded successfully Pollutants loaded successfully Pathway receptors loaded successfully ********************************** RISK SCENARIO SETTINGS Receptor Type: Resident Scenario: All Calculation Method: HighEnd ********************************** EXPOSURE DURATION PARAMETERS FOR CANCER Start Age: -0.25 Total Exposure Duration: 1.5 Exposure Duration Bin Distribution 3rd Trimester Bin: 0.25 0<2 Years Bin: 1.5 2<9 Years Bin: 0 2<16 Years Bin: 0 16<30 Years Bin: 0 16 to 70 Years Bin: 0 ********************************** PATHWAYS ENABLED NOTE: Inhalation is always enabled and used for all assessments. The remaining pathways are only used for cancer and noncancer chronic assessments. Inhalation: True Soil: True Dermal: True Mother's milk: True Water: False Fish: False Homegrown crops: True 261 Beef: False Dairy: False Pig: False Chicken: False Egg: False ********************************** INHALATION Daily breathing rate: LongTerm24HR **Worker Adjustment Factors** Worker adjustment factors enabled: NO **Fraction at time at home** 3rd Trimester to 16 years: OFF 16 years to 70 years: OFF ********************************** SOIL & DERMAL PATHWAY SETTINGS Deposition rate (m/s): 0.02 Soil mixing depth (m): 0.01 Dermal climate: Mixed ********************************** HOMEGROWN CROP PATHWAY SETTINGS Household type: HouseholdsthatGarden Fraction leafy: 0.137 Fraction exposed: 0.137 Fraction protected: 0.137 Fraction root: 0.137 ********************************** TIER 2 SETTINGS Tier2 adjustments were used in this assessment. Please see the input file for details. Tier2 - What was changed: ED or start age changed| 262 Calculating cancer risk Cancer risk breakdown by pollutant and receptor saved to: F:\HRA\0014-024\HARP\03 - T4 Mit Con\hra\Mit Con T4CancerRisk.csv Cancer risk total by receptor saved to: F:\HRA\0014-024\HARP\03 - T4 Mit Con\hra\Mit Con T4CancerRiskSumByRec.csv Calculating chronic risk Chronic risk breakdown by pollutant and receptor saved to: F:\HRA\0014-024\HARP\03 - T4 Mit Con\hra\Mit Con T4NCChronicRisk.csv Chronic risk total by receptor saved to: F:\HRA\0014-024\HARP\03 - T4 Mit Con\hra\Mit Con T4NCChronicRiskSumByRec.csv Calculating acute risk Acute risk breakdown by pollutant and receptor saved to: F:\HRA\0014-024\HARP\03 - T4 Mit Con\hra\Mit Con T4NCAcuteRisk.csv Acute risk total by receptor saved to: F:\HRA\0014-024\HARP\03 - T4 Mit Con\hra\Mit Con T4NCAcuteRiskSumByRec.csv HRA ran successfully 263 Health Risk Assessment Mitigated Construction Level 3 Filters Equipment Scenario 264 Project Site - Construction DPM Emissions as PM10 Exhaust Estimation of Annual Onsite Construction Emissions Start of Construction 7/1/2023 End of Construction 7/31/2024 Total Number of Days 396 396 Number of Hours 9,504 9,504 Number of Years 1.08 Size of the construction area source:61,767.4 sq-meters Year Level 3 Filters Mitigated On-site Construction On-site DPM Activity (pounds) 2023 On-site Site Preparation 8.1228 2023 On-site Grading 8.2214 2023 On-site Building Construction 7.8074 2024 On-site Building Construction 18.9228 2024 On-site Paving 2.8471 2024 On-site Architectural Coating 0.6374 Total Mitigated DPM (On-site)46.5589 pounds Average Emission 2.114E+04 grams 6.178E-04 grams/sec 1.000E-08 grams/m2-sec Tons/Construction Period 46.5589 Pounds/Construction Period 46.5589 Pounds/Day 0.1176 Pounds/Hour (lbs/hr)0.0049 Average Pounds per Year (lbs/yr)30.5690 Central Transport Regional Facility (Mitigated Construction - Level 3 Filters Scenario) 265 Central Transport Regional Facility (Mitigated Construction - Level 3 Filters Scenario) Start of Construction 7/1/2023 End of Construction 7/31/2024 Total Number of Days 396 396 Number of Hours 9,504 9,504 2023 2023 2023 2024 2024 2024 Construction Trip Type Site Preparation Grading Building Construction Building Construction Paving Architectural Coating Total (pounds) Total (pounds)0.00099 0.02356 0.26645 0.714390239 0.03075 0.63738 1.67352 Haul Truck Vendor Truck Worker Total Site Preparation 0.00 0.00 17.50 17.50 Grading 0.00 2.00 22.50 24.50 Building Construction 0.00 14.37 34.96 49.34 Paving 0.00 4.00 15.00 19.00 Architectural Coating 0.00 0.00 6.99 6.99 Total 0.00 20.37 96.96 117.33 Haul Truck Vendor Truck Worker Total (pounds) (pounds) (pounds) (pounds) Total DPM 0.000E+00 2.906E-01 1.383E+00 1.674E+00 Average Emissions Grams 0.000E+00 1.319E+02 6.278E+02 Grams/sec 0.000E+00 3.856E-06 1.835E-05 Default Distance 20 8.53 11.41 Vehicle Travel Distances in the Construction HRA (miles) Road Segment 1 (mi)0.63 0.63 0.63 miles Trip Distribution (percent) Off-site Road Segment 1 100.0% 100.0% 100.0% off-site Total Average Offsite Vehicle Emissions Along Travel Distance (g/sec)Total Road Segment 1 0.000E+00 2.859E-07 1.017E-06 1.303E-06 Grams/sec Pounds/Hour Pounds/Day Pounds/year Tons/year Road Segment 1 1.303E-06 1.034E-05 2.482E-04 9.060E-02 4.530E-05 Default Vehicle Travel Distance in CalEEMod Estimation of Annual Offsite Construction DPM Emissions (Level 3 Filters Mitigated Construction - No Change Compared to Unmitigated) 266 Health Risk Summary - Level 3 Filters Mitigated Construction (Summary of HARP2 Results) Central Transport Regional Facility (Mitigated Construction - Level 3 Filters Scenario) Cancer MAXHI MAXHI RISK_SUM Risk/million NonCancer Chronic Acute Maximum Risk 2.191E-06 2.19 1.685E-03 0.00E+00 X Y MEI UTM 251417.25 4063705.56 Receptor # 26 *HARP - HRACalc v22118 11/12/2024 11:46:46 PM - Cancer Risk - Input File: F:\HRA\0014-024\HARP\02 - Level 3 Mit Con\hra\Mit Con L3HRAInput.hra *HARP - HRACalc v22118 11/12/2024 11:46:46 PM - Chronic Risk - Input File: F:\HRA\0014-024\HARP\02 - Level 3 Mit Con\hra\Mit Con L3HRAInput.hra *HARP - HRACalc v22118 11/12/2024 11:46:46 PM - Acute Risk - Input File: F:\HRA\0014-024\HARP\02 - Level 3 Mit Con\hra\Mit Con L3HRAInput.hra MAXHI MAXHI REC GRP X Y RISK_SUM SCENARIO NonCancerChronic Acute 1 ALL 251764.75 4063976.15 8.5886E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.6074E-05 0.00E+00 2 ALL 251726.96 4064070.11 6.3515E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.8864E-05 0.00E+00 3 ALL 251689.18 4064164.07 5.2511E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.0398E-05 0.00E+00 4 ALL 251623.83 4064231.20 5.5295E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.2539E-05 0.00E+00 5 ALL 251513.84 4064275.85 7.5492E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.8078E-05 0.00E+00 6 ALL 251438.02 4064311.82 8.7600E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.7393E-05 0.00E+00 7 ALL 251783.23 4063871.66 1.4236E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0952E-04 0.00E+00 8 ALL 251782.81 4063814.14 1.8960E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4586E-04 0.00E+00 9 ALL 251782.40 4063756.63 2.3673E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.8212E-04 0.00E+00 10 ALL 251863.39 4063978.79 6.0102E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.6238E-05 0.00E+00 11 ALL 251843.15 4064029.13 5.1341E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.9498E-05 0.00E+00 12 ALL 251822.91 4064079.46 4.5080E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.4681E-05 0.00E+00 13 ALL 251802.67 4064129.80 4.0660E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.1281E-05 0.00E+00 14 ALL 251782.43 4064180.13 3.7365E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.8746E-05 0.00E+00 15 ALL 251762.18 4064230.47 3.4859E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.6818E-05 0.00E+00 16 ALL 251692.17 4064302.39 3.6770E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.8288E-05 0.00E+00 17 ALL 251642.40 4064323.99 4.1167E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.1670E-05 0.00E+00 18 ALL 251592.63 4064345.58 4.5723E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.5176E-05 0.00E+00 19 ALL 251542.86 4064367.17 4.9804E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.8315E-05 0.00E+00 20 ALL 251493.09 4064388.77 5.2959E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.0742E-05 0.00E+00 21 ALL 251443.32 4064410.36 5.4869E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.2212E-05 0.00E+00 22 ALL 251883.64 4063928.46 7.1632E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.5108E-05 0.00E+00 23 ALL 251883.22 4063870.94 9.4397E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.2622E-05 0.00E+00 24 ALL 251882.81 4063813.42 1.2107E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.3144E-05 0.00E+00 25 ALL 251882.40 4063755.91 1.4812E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1395E-04 0.00E+00 26 ALL 251417.25 4063705.56 2.1905E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.6852E-03 0.00E+00 27 ALL 251417.92 4063681.40 1.5893E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2227E-03 0.00E+00 28 ALL 251416.49 4063663.79 1.2900E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.9242E-04 0.00E+00 29 ALL 251412.99 4063623.41 8.3551E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.4278E-04 0.00E+00 30 ALL 251498.72 4063668.40 1.1334E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.7193E-04 0.00E+00 31 ALL 251353.54 4063571.62 4.4064E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.3899E-04 0.00E+00 32 ALL 251477.29 4063553.03 4.7652E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.6660E-04 0.00E+00 33 ALL 251369.81 4063551.70 3.8435E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.9569E-04 0.00E+00 34 ALL 251408.36 4063375.57 1.3253E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0196E-04 0.00E+00 35 ALL 251487.54 4063408.15 1.8160E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3971E-04 0.00E+00 36 ALL 251575.18 4063438.62 2.3607E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.8161E-04 0.00E+00 37 ALL 251676.28 4063511.07 3.1715E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.4399E-04 0.00E+00 38 ALL 251711.65 4063592.92 3.6955E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.8431E-04 0.00E+00 39 ALL 251747.03 4063674.77 3.3442E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.5727E-04 0.00E+00 40 ALL 251316.62 4063361.78 9.3944E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.2274E-05 0.00E+00 41 ALL 251216.54 4063365.73 8.1598E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.2775E-05 0.00E+00 42 ALL 251116.47 4063369.67 7.5033E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.7724E-05 0.00E+00 43 ALL 251408.33 4063277.13 7.6289E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.8691E-05 0.00E+00 44 ALL 251499.56 4063311.61 1.0936E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.4132E-05 0.00E+00 45 ALL 251590.79 4063346.09 1.4651E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1272E-04 0.00E+00 46 ALL 251682.02 4063380.57 1.8052E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3888E-04 0.00E+00 47 ALL 251746.98 4063442.57 2.2021E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.6941E-04 0.00E+00 48 ALL 251785.67 4063532.10 2.5787E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.9839E-04 0.00E+00 49 ALL 251824.36 4063621.62 2.4166E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.8591E-04 0.00E+00 50 ALL 251312.68 4063261.86 6.0893E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.6846E-05 0.00E+00 51 ALL 251212.61 4063265.80 5.6775E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.3678E-05 0.00E+00 52 ALL 251112.53 4063269.75 5.4703E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.2084E-05 0.00E+00 53 ALL 250750.28 4063734.07 1.7283E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3296E-04 0.00E+00 54 ALL 250786.04 4063639.07 1.5167E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1668E-04 0.00E+00 55 ALL 250821.79 4063544.07 1.1645E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.9589E-05 0.00E+00 56 ALL 250885.80 4063475.42 9.4550E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.2740E-05 0.00E+00 267 57 ALL 250978.07 4063433.12 8.4898E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.5314E-05 0.00E+00 58 ALL 250737.34 4063943.02 2.6212E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.0166E-04 0.00E+00 59 ALL 250649.21 4063740.09 1.3004E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0004E-04 0.00E+00 60 ALL 250682.73 4063651.03 1.2217E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.3991E-05 0.00E+00 61 ALL 250716.25 4063561.97 1.0542E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.1100E-05 0.00E+00 62 ALL 250749.77 4063472.91 8.3260E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.4054E-05 0.00E+00 63 ALL 250809.78 4063408.55 7.0726E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.4411E-05 0.00E+00 64 ALL 250896.28 4063368.89 6.3499E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.8851E-05 0.00E+00 65 ALL 250982.78 4063329.23 5.8899E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.5312E-05 0.00E+00 66 ALL 250634.10 4063838.44 1.4943E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1496E-04 0.00E+00 67 ALL 250637.38 4063946.07 1.8369E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4131E-04 0.00E+00 68 ALL 251100.51 4064315.37 1.5711E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2087E-04 0.00E+00 69 ALL 251016.32 4064272.32 2.1113E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.6242E-04 0.00E+00 70 ALL 250932.12 4064229.27 2.6055E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.0045E-04 0.00E+00 71 ALL 250847.92 4064186.21 2.8604E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.2005E-04 0.00E+00 72 ALL 250800.49 4064117.70 3.2170E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.4749E-04 0.00E+00 73 ALL 251192.40 4064335.92 1.2130E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.3320E-05 0.00E+00 74 ALL 251281.48 4064325.84 1.0613E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.1648E-05 0.00E+00 75 ALL 251102.49 4064415.35 9.9028E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.6185E-05 0.00E+00 76 ALL 251018.30 4064372.30 1.3136E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0106E-04 0.00E+00 77 ALL 250934.10 4064329.25 1.6525E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2713E-04 0.00E+00 78 ALL 250849.90 4064286.19 1.9272E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4826E-04 0.00E+00 79 ALL 250765.71 4064243.14 2.0757E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.5969E-04 0.00E+00 80 ALL 250718.27 4064174.63 2.3289E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.7916E-04 0.00E+00 81 ALL 250707.60 4064080.67 2.5741E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.9803E-04 0.00E+00 82 ALL 250696.93 4063986.71 2.3880E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.8371E-04 0.00E+00 83 ALL 250686.25 4063892.75 1.9678E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.5139E-04 0.00E+00 84 ALL 250675.58 4063798.78 1.5647E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2038E-04 0.00E+00 85 ALL 251194.38 4064435.90 7.8742E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.0578E-05 0.00E+00 86 ALL 251293.97 4064433.92 6.6225E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.0948E-05 0.00E+00 87 ALL 251393.55 4064431.95 5.5775E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.2909E-05 0.00E+00 88 ALL 251472.38 4063724.17 1.9902E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.5311E-03 0.00E+00 89 ALL 251473.87 4063705.27 1.6886E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2991E-03 0.00E+00 90 ALL 251471.88 4063668.95 1.2468E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 9.5919E-04 0.00E+00 91 ALL 251467.90 4063551.80 4.7162E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.6282E-04 0.00E+00 92 ALL 251405.96 4063570.45 4.9957E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.8433E-04 0.00E+00 93 ALL 251385.57 4063551.30 4.0029E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.0795E-04 0.00E+00 94 ALL 251474.54 4063431.36 2.0627E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.5869E-04 0.00E+00 95 ALL 251475.81 4063417.20 1.8954E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4582E-04 0.00E+00 96 ALL 251471.79 4063390.13 1.6172E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2442E-04 0.00E+00 97 ALL 251481.30 4063383.16 1.5650E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2040E-04 0.00E+00 98 ALL 251471.79 4063376.18 1.4967E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1514E-04 0.00E+00 99 ALL 251472.00 4063367.09 1.4245E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0959E-04 0.00E+00 100 ALL 251396.31 4063445.74 1.8782E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4449E-04 0.00E+00 101 ALL 251383.41 4063445.32 1.7920E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3786E-04 0.00E+00 102 ALL 251521.05 4063429.67 2.1463E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.6512E-04 0.00E+00 103 ALL 251521.48 4063419.52 2.0221E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.5557E-04 0.00E+00 104 ALL 251553.09 4063527.74 3.9878E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.0679E-04 0.00E+00 105 ALL 251552.49 4063511.24 3.6008E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.7702E-04 0.00E+00 106 ALL 251533.28 4063510.94 3.5964E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.7668E-04 0.00E+00 107 ALL 251467.58 4063531.34 4.0406E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.1085E-04 0.00E+00 108 ALL 251495.48 4063533.14 4.1367E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 3.1824E-04 0.00E+00 109 ALL 251579.79 4063520.24 3.7554E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.8891E-04 0.00E+00 110 ALL 251581.89 4063507.94 3.4977E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.6909E-04 0.00E+00 111 ALL 251656.29 4063429.03 2.2611E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.7395E-04 0.00E+00 112 ALL 251522.48 4063454.54 2.5000E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.9233E-04 0.00E+00 113 ALL 251655.99 4063419.43 2.1620E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.6633E-04 0.00E+00 114 ALL 251769.83 4063416.82 1.9578E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.5062E-04 0.00E+00 115 ALL 251795.25 4063414.70 1.8791E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4456E-04 0.00E+00 116 ALL 251395.34 4063957.20 1.6139E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2416E-03 0.00E+00 117 ALL 251422.90 4063957.35 1.1058E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.5072E-04 0.00E+00 118 ALL 251355.08 4063984.61 1.4610E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1239E-03 0.00E+00 119 ALL 251335.03 4063985.55 1.7150E-06 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3194E-03 0.00E+00 120 ALL 251407.73 4064058.90 3.5356E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.7200E-04 0.00E+00 121 ALL 251426.03 4064065.51 3.0208E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.3240E-04 0.00E+00 122 ALL 251427.83 4064076.01 2.7696E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.1307E-04 0.00E+00 123 ALL 251421.34 4064100.09 2.4125E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.8560E-04 0.00E+00 124 ALL 251431.96 4064108.12 2.2019E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.6940E-04 0.00E+00 125 ALL 251431.75 4064099.01 2.3325E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.7945E-04 0.00E+00 126 ALL 251377.11 4064117.44 2.6196E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 2.0153E-04 0.00E+00 127 ALL 251427.84 4064139.77 1.8537E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4261E-04 0.00E+00 128 ALL 251425.89 4064130.45 1.9653E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.5120E-04 0.00E+00 129 ALL 251437.60 4064128.71 1.9254E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.4812E-04 0.00E+00 130 ALL 251442.01 4064153.19 1.6857E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2968E-04 0.00E+00 268 131 ALL 251429.79 4064167.76 1.5928E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2253E-04 0.00E+00 132 ALL 251423.21 4064173.87 1.5660E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2048E-04 0.00E+00 133 ALL 251392.66 4064185.78 1.6077E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2368E-04 0.00E+00 134 ALL 251430.10 4064186.09 1.4563E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1204E-04 0.00E+00 135 ALL 251421.48 4064186.09 1.4794E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.1382E-04 0.00E+00 136 ALL 251280.01 4064312.85 1.1319E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 8.7077E-05 0.00E+00 137 ALL 251254.80 4064290.65 1.3353E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0273E-04 0.00E+00 138 ALL 251271.00 4064286.74 1.3145E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.0113E-04 0.00E+00 139 ALL 251380.24 4064290.05 1.0051E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.7322E-05 0.00E+00 140 ALL 251374.24 4064324.56 8.7805E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.7551E-05 0.00E+00 141 ALL 251373.04 4064311.35 9.3055E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.1589E-05 0.00E+00 142 ALL 251497.58 4064233.03 9.5212E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.3249E-05 0.00E+00 143 ALL 251496.68 4064221.92 9.9408E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 7.6477E-05 0.00E+00 144 ALL 251511.09 4064227.62 8.9846E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.9121E-05 0.00E+00 145 ALL 251527.29 4064233.63 8.1347E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.2582E-05 0.00E+00 146 ALL 251524.59 4064221.92 8.5675E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.5911E-05 0.00E+00 147 ALL 251494.72 4064278.46 8.3658E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.4360E-05 0.00E+00 148 ALL 251496.00 4064258.31 8.8517E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.8098E-05 0.00E+00 149 ALL 251510.03 4064257.29 8.1859E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.2976E-05 0.00E+00 150 ALL 251526.86 4064257.54 7.5360E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 5.7976E-05 0.00E+00 151 ALL 251612.98 4064260.98 5.3117E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 4.0864E-05 0.00E+00 152 ALL 250773.31 4063447.18 7.8356E-08 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 6.0281E-05 0.00E+00 153 ALL 250909.68 4064317.38 1.7381E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.3371E-04 0.00E+00 154 ALL 250904.38 4064270.76 2.1199E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.6309E-04 0.00E+00 155 ALL 250885.67 4064329.39 1.6492E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2688E-04 0.00E+00 156 ALL 250867.66 4064335.04 1.6068E-07 1.5YrCancerHighEnd_InhSoilDermMMilkCrops 1.2361E-04 0.00E+00 269 HARP2 - HRACalc (dated 22118) 11/12/2024 11:46:46 PM - Output Log GLCs loaded successfully Pollutants loaded successfully Pathway receptors loaded successfully ********************************** RISK SCENARIO SETTINGS Receptor Type: Resident Scenario: All Calculation Method: HighEnd ********************************** EXPOSURE DURATION PARAMETERS FOR CANCER Start Age: -0.25 Total Exposure Duration: 1.5 Exposure Duration Bin Distribution 3rd Trimester Bin: 0.25 0<2 Years Bin: 1.5 2<9 Years Bin: 0 2<16 Years Bin: 0 16<30 Years Bin: 0 16 to 70 Years Bin: 0 ********************************** PATHWAYS ENABLED NOTE: Inhalation is always enabled and used for all assessments. The remaining pathways are only used for cancer and noncancer chronic assessments. Inhalation: True Soil: True Dermal: True Mother's milk: True 271 Water: False Fish: False Homegrown crops: True Beef: False Dairy: False Pig: False Chicken: False Egg: False ********************************** INHALATION Daily breathing rate: LongTerm24HR **Worker Adjustment Factors** Worker adjustment factors enabled: NO **Fraction at time at home** 3rd Trimester to 16 years: OFF 16 years to 70 years: OFF ********************************** SOIL & DERMAL PATHWAY SETTINGS Deposition rate (m/s): 0.02 Soil mixing depth (m): 0.01 Dermal climate: Mixed ********************************** HOMEGROWN CROP PATHWAY SETTINGS Household type: HouseholdsthatGarden Fraction leafy: 0.137 Fraction exposed: 0.137 Fraction protected: 0.137 Fraction root: 0.137 272 ********************************** TIER 2 SETTINGS Tier2 adjustments were used in this assessment. Please see the input file for details. Tier2 - What was changed: ED or start age changed| Calculating cancer risk Cancer risk breakdown by pollutant and receptor saved to: F:\HRA\0014-024\HARP\02 - Level 3 Mit Con\hra\Mit Con L3CancerRisk.csv Cancer risk total by receptor saved to: F:\HRA\0014-024\HARP\02 - Level 3 Mit Con\hra\Mit Con L3CancerRiskSumByRec.csv Calculating chronic risk Chronic risk breakdown by pollutant and receptor saved to: F:\HRA\0014-024\HARP\02 - Level 3 Mit Con\hra\Mit Con L3NCChronicRisk.csv Chronic risk total by receptor saved to: F:\HRA\0014-024\HARP\02 - Level 3 Mit Con\hra\Mit Con L3NCChronicRiskSumByRec.csv Calculating acute risk Acute risk breakdown by pollutant and receptor saved to: F:\HRA\0014-024\HARP\02 - Level 3 Mit Con\hra\Mit Con L3NCAcuteRisk.csv Acute risk total by receptor saved to: F:\HRA\0014-024\HARP\02 - Level 3 Mit Con\hra\Mit Con L3NCAcuteRiskSumByRec.csv HRA ran successfully 273 Health Risk Screening Operational DPM Health Risk Assessment 274 Central Transport Regional Facility DPM - Project Operations Emission Assumptions Emission Factors 1) Truck Emissions (1) EMFAC2021 for emission rates (a) Calculations for Fresno County - 2024 Operational Year (b) Truck Mix (c) Truck Idle One instance per trip (d) Onsite Vehicle Travel Speed 5 mph for trucks (e) Offsite Vehicle Travel Speed Traffic Allocation 1) Traffic distribution based on site layout identified in the site plan 2) Project-specific trip generation 3) Onsite travel emissions generated from diesel vehicles 4) Onsite idling emissions generated only by trucks Emission Source Configuration 1) Project onsite truck traffic represented by a line source 2) Project onsite truck idling represented as line sources (series of point sources) 3) Offsite vehicles represented by a line source Onsite Vehicle Travel Segments Segment Source ID Segment Travel Distance (m) On-site Truck Travel SLINE2 759.2 Onsite Truck Idling On-site Idling – Location 1 SLINE3 196.0 On-site Idling – Location 2 SLINE4 249.2 On-site Idling – Location 3 SLINE5 214.9 On-site Idling – Location 4 SLINE6 188.6 Offsite Vehicle Travel Segments Segment Segment Travel Distance (m) Offsite Travel SLINE1 1017.7 Other Input Parameters Truck Operations (hr/day):24 Dock Idle 2 5-25 mph aggregated for trucks (per SJVAPCD staff comment on modeling assumptions for a similar project) 100% HHD Parking Idle 1 Parking Idle 2 Dock Idle 1 275 Central Transport Regional Facility Vehicle Fleet Mix Total Daily Truck Trips Trucks Total Daily Truck Trips (Trips/day)Daily Trips 126.000 126.00 126 Fleet Mix 100.0%100.0% — 126 Vehicle Fleet Trucks Project Vehicle Mix % Diesel Trips Trips HHDT (4+ axle truck)100.0% 100.0%126 126.0 0 126 100.00% 0.00% Truck Subtotal 100.0%126 126.0 0 126 100.00% 0.00% 100.00% Truck fleet mix consistent with the project CalEEMod runs used in the Air Quality Analysis. Assumed 100% diesel for HHDT. % Non- Diesel Trips Total Trips Total Number of Daily Trips Number of Daily Diesel Number of Daily Non- Total Number of Daily Trips % Diesel Trips 276 Central Transport Regional Facility Trip Distribution Vehicle Allocation - Number of Daily Diesel Trips Allocation of Truck Trips Percent Allocation - On-site Travel 100% On-site Travel – Route 1 (DSL trucks) 100% Total Diesel Truck Trips Segment - On-site Travel Source ID LDA LDT1 LDT2 MDT LHDT1 LHDT2 MHDT HHDT OBUS UBUS SBUS MH Total On-site Truck Travel SLINE2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 126.0 0.0 0.0 0.0 0.0 126.0 Total Diesel Trucks — 0 0 0 0 0 0 0 126 0 0 0 0 126 23.1% On-site Idling – Location 1 29.4% On-site Idling – Location 2 25.3% On-site Idling – Location 3 22.2% On-site Idling – Location 4 100% Total Diesel Truck Trips Segment - On-site Truck Idle Source ID LDA LDT1 LDT2 MDT LHDT1 LHDT2 MHDT HHDT OBUS UBUS SBUS MH Total On-site Idling – Location 1 SLINE3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 29.1 0.0 0.0 0.0 0.0 29.1 On-site Idling – Location 2 SLINE4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 37.0 0.0 0.0 0.0 0.0 37.0 On-site Idling – Location 3 SLINE5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 31.9 0.0 0.0 0.0 0.0 31.9 On-site Idling – Location 4 SLINE6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 28.0 0.0 0.0 0.0 0.0 28.0 Total Idling (Diesel Trucks Idling)— 0 0 0 0 0 0 0 126 0 0 0 0 126 Percent Allocation of Trips - On-site Diesel Truck Idling 277 Central Transport Regional Facility Diesel Vehicle Emissions Processes Modeled Diesel vehicle exhaust Diesel vehicle idling Facility Operations 24 hrs/day, 52 weeks/year On-site Travel Links Modeled Link Truck Type Average Speed (mph) Emission Factor (g/mi) Trips per Daily (in and out) Link Length (m) Link Length (mi) Ave Emissions Over Link (g/day) Ave Emissions (lbs/day) Average Emissions (g/sec) Total Emissions for all Vehicles (g/sec) SLINE2 HHDT 5 0.114 126.0 759.2 0.47 6.785E+00 1.49E-02 7.853E-05 7.8527E-05 278 Central Transport Regional Facility Diesel Truck Idling Emissions Onsite Vehicle Travel Segments Truck Type DPM Emission Factor (grams/day) Idling Time (min) Number Idling Vehicle Trips/day Emissions (g/day) Emissions (lb/day) Average Emissions (g/sec) Total Emissions for all Vehicles (g/sec) SLINE3 HHDT 1.445 15 29.1 4.38E-01 9.65E-04 5.07E-06 5.0692E-06 SLINE4 HHDT 1.445 15 37.0 5.57E-01 1.23E-03 6.45E-06 6.4452E-06 SLINE5 HHDT 1.445 15 31.9 4.80E-01 1.06E-03 5.56E-06 5.5581E-06 SLINE6 HHDT 1.445 15 28.0 4.80E-01 1.06E-03 5.56E-06 5.5581E-06 279 DPM - Project Operations 2024 EMFAC Running Diesel Exhaust Emissions in units of grams/mile Source: EMFAC2021 (v1.0.2) Emission Rates Tulare County Emission Factor (g/mi) 5 mph 10 mph 25 mph 35 mph HHDT DSL 0.114 0.02 0.007 — 281 Off-site Truck Running Emissions for the Health Risk Screening Analysis—Central Transport Regional Facility Source: EMFAC2021 (v1.0.2) Emission Rates Region Type: County Region: Fresno Calendar Year: 2024 Season: Annual Vehicle Classification: EMFAC2007 Categories Units: miles/year for CVMT and EVMT, g/mile for RUNEX, PMBW and PMTW, mph for Speed, kWh/mile for Energy Consumption, gallon/mile for Fuel Consumption. PHEV calculated based on total VMT. Region Calendar Year Vehicle Category Model Year Speed Fuel VMT NOx_RUNEX PM2.5_RUNEX PM10_RUNEX CO2_RUNEX CH4_RUNEX N2O_RUNEX ROG_RUNEX TOG_RUNEX CO_RUNEX SOx_RUNEX Fresno 2024 HHDT Aggregate 5 Diesel 857.6377001 18.43067276 0.109234569 0.114173672 3444.177406 0.026135401 0.542631553 0.562688021 0.640577479 1.32784874 0.0326143 Fresno 2024 HHDT Aggregate 10 Diesel 13804.72972 8.860856617 0.018519159 0.019356513 2983.611313 0.005132034 0.470069177 0.110491284 0.125785916 0.721051203 0.028253015 Fresno 2024 HHDT Aggregate 15 Diesel 31594.8451 5.559237449 0.009599707 0.010033764 2397.51481 0.001999007 0.377729435 0.043038072 0.048995569 0.390042408 0.022703032 Fresno 2024 HHDT Aggregate 20 Diesel 56529.76866 3.720822821 0.006338918 0.006625536 2056.020635 0.00107288 0.323926888 0.023098803 0.026296229 0.251493406 0.019469286 Fresno 2024 HHDT Aggregate 25 Diesel 37757.57659 3.319151302 0.007035557 0.007353673 1875.744823 0.000938538 0.295524361 0.020206466 0.023003523 0.209120641 0.017762182 Total 39.89074095 0.15072791 0.157543157 12757.06899 0.03527786 2.009881414 0.759522646 0.864658717 2.899556397 0.120801815 Running Emissions 5-25 MPH Averaged NOx_RUNEX PM2.5_RUNEX PM10_RUNEX CO2_RUNEX CH4_RUNEX N2O_RUNEX ROG_RUNEX TOG_RUNEX CO_RUNEX SOx_RUNEX HHDT 7.9781 0.0301 0.0315 2551.4138 0.0071 0.4020 0.1519 0.1729 0.5799 0.0242 282 Central Transport Regional Facility Summary of Emissions in Pounds Diesel Truck Idling Emissions Segment - On-site Truck Idle Emissions (g/day) Emissions (lb/day) Emissions (lb/year) Max Emissions in an Hour (lbs/hr) Source Group On-site Idling – Location 1 PARKING1 0.437982707 0.00096472 0.352122661 9.6472E-05 IDLE1 On-site Idling – Location 2 PARKING2 0.556863727 0.001226572 0.447698812 0.000122657 IDLE2 On-site Idling – Location 3 DOCK1 0.480216754 0.001057746 0.386077346 0.000105775 IDLE3 On-site Idling – Location 4 DOCK2 0.480216754 0.001057746 0.386077346 0.000105775 IDLE4 Subtotal Idle 1.955279941 0.004306784 1.571976164 Diesel Truck On-site Travel Emissions (5 mph) Segment Source ID Source # Source Group Emissions (g/day) Emissions (lb/day) Emissions (lb/year) Max Emissions in an Hour (lbs/hr) On-site Truck Travel ONSITE 3 ONSITE 6.784731004 0.014944341 5.454684618 0.001494434 Subtotal On-site Travel 6.784731004 0.014944341 5.454684618 Diesel Truck Localized Off-site Travel Emissions (5-25 mph aggregated) Segment Source ID Source # Source Group Emissions (g/day) Emissions (lb/day) Emissions (lb/year) Max Emissions in an Hour (lbs/hr) Offsite Travel OFFRD 2 OFFRD 12.54959718 0.027642285 10.08943386 0.004607047 Subtotal Off-site Travel 12.54959718 0.027642285 10.08943386 Notes: Divided pounds per day by 10 hours to estimate maximum pounds in an hour. 283 HARP2 - HRACalc (dated 22118) 11/12/2024 9:10:51 PM - Output Log GLCs loaded successfully Pollutants loaded successfully Pathway receptors loaded successfully ********************************** RISK SCENARIO SETTINGS Receptor Type: Resident Scenario: All Calculation Method: HighEnd ********************************** EXPOSURE DURATION PARAMETERS FOR CANCER Start Age: -0.25 Total Exposure Duration: 70 Exposure Duration Bin Distribution 3rd Trimester Bin: 0.25 0<2 Years Bin: 2 2<9 Years Bin: 0 2<16 Years Bin: 14 16<30 Years Bin: 0 16 to 70 Years Bin: 54 ********************************** PATHWAYS ENABLED NOTE: Inhalation is always enabled and used for all assessments. The remaining pathways are only used for cancer and noncancer chronic assessments. Inhalation: True Soil: True Dermal: True Mother's milk: True 284 Water: False Fish: False Homegrown crops: True Beef: False Dairy: False Pig: False Chicken: True Egg: True ********************************** INHALATION Daily breathing rate: LongTerm24HR **Worker Adjustment Factors** Worker adjustment factors enabled: NO **Fraction at time at home** 3rd Trimester to 16 years: OFF 16 years to 70 years: OFF ********************************** SOIL & DERMAL PATHWAY SETTINGS Deposition rate (m/s): 0.02 Soil mixing depth (m): 0.01 Dermal climate: Mixed ********************************** HOMEGROWN CROP PATHWAY SETTINGS Household type: HouseholdsthatGarden Fraction leafy: 0.137 Fraction exposed: 0.137 Fraction protected: 0.137 Fraction root: 0.137 285 ********************************** PIG, CHICKEN, & EGG PATHWAY SETTINGS Surface area (m^2): 0 Volume (kg): 0 Volume changes per year: 0 Pig Fraction consumed from contaminated water source: 0 Fraction consumed of contaminated leafy crop: 0.25 Fraction consumed of contaminated exposed crop: 0.25 Fraction consumed of contaminated protected crop: 0.25 Fraction consumed of contaminated root crop: 0.25 Chicken Fraction consumed from contaminated water source: 0 Fraction consumed of contaminated leafy crop: 0.25 Fraction consumed of contaminated exposed crop: 0.25 Fraction consumed of contaminated protected crop: 0.25 Fraction consumed of contaminated root crop: 0.25 Egg Fraction consumed from contaminated water source: 0 Fraction consumed of contaminated leafy crop: 0.25 Fraction consumed of contaminated exposed crop: 0.25 Fraction consumed of contaminated protected crop: 0.25 Fraction consumed of contaminated root crop: 0.25 ********************************** TIER 2 SETTINGS Tier2 adjustments were used in this assessment. Please see the input file for details. Tier2 - What was changed: ED or start age changed| Calculating cancer risk Cancer risk breakdown by pollutant and receptor saved to: F:\HRA\0014-024\HARP\06 - CT Ops Third Tri V2\hra\Ops 286 Starting Third TrimesterCancerRisk.csv Cancer risk total by receptor saved to: F:\HRA\0014-024\HARP\06 - CT Ops Third Tri V2\hra\Ops Starting Third TrimesterCancerRiskSumByRec.csv Calculating chronic risk Chronic risk breakdown by pollutant and receptor saved to: F:\HRA\0014-024\HARP\06 - CT Ops Third Tri V2\hra\Ops Starting Third TrimesterNCChronicRisk.csv Chronic risk total by receptor saved to: F:\HRA\0014-024\HARP\06 - CT Ops Third Tri V2\hra\Ops Starting Third TrimesterNCChronicRiskSumByRec.csv Calculating acute risk Acute risk breakdown by pollutant and receptor saved to: F:\HRA\0014-024\HARP\06 - CT Ops Third Tri V2\hra\Ops Starting Third TrimesterNCAcuteRisk.csv Acute risk total by receptor saved to: F:\HRA\0014-024\HARP\06 - CT Ops Third Tri V2\hra\Ops Starting Third TrimesterNCAcuteRiskSumByRec.csv HRA ran successfully 287 HARP2 - HRACalc (dated 22118) 11/12/2024 9:23:39 PM - Output Log GLCs loaded successfully Pollutants loaded successfully Pathway receptors loaded successfully ********************************** RISK SCENARIO SETTINGS Receptor Type: Resident Scenario: All Calculation Method: HighEnd ********************************** EXPOSURE DURATION PARAMETERS FOR CANCER Start Age: 1.5 Total Exposure Duration: 68.5 Exposure Duration Bin Distribution 3rd Trimester Bin: 0 0<2 Years Bin: 0.5 2<9 Years Bin: 0 2<16 Years Bin: 14 16<30 Years Bin: 0 16 to 70 Years Bin: 54 ********************************** PATHWAYS ENABLED NOTE: Inhalation is always enabled and used for all assessments. The remaining pathways are only used for cancer and noncancer chronic assessments. Inhalation: True Soil: True Dermal: True Mother's milk: True Water: False Fish: False Homegrown crops: True 288 Beef: False Dairy: False Pig: False Chicken: True Egg: True ********************************** INHALATION Daily breathing rate: LongTerm24HR **Worker Adjustment Factors** Worker adjustment factors enabled: NO **Fraction at time at home** 3rd Trimester to 16 years: OFF 16 years to 70 years: OFF ********************************** SOIL & DERMAL PATHWAY SETTINGS Deposition rate (m/s): 0.02 Soil mixing depth (m): 0.01 Dermal climate: Mixed ********************************** HOMEGROWN CROP PATHWAY SETTINGS Household type: HouseholdsthatGarden Fraction leafy: 0.137 Fraction exposed: 0.137 Fraction protected: 0.137 Fraction root: 0.137 ********************************** PIG, CHICKEN, & EGG PATHWAY SETTINGS Surface area (m^2): 0 Volume (kg): 0 289 Volume changes per year: 0 Pig Fraction consumed from contaminated water source: 0 Fraction consumed of contaminated leafy crop: 0.25 Fraction consumed of contaminated exposed crop: 0.25 Fraction consumed of contaminated protected crop: 0.25 Fraction consumed of contaminated root crop: 0.25 Chicken Fraction consumed from contaminated water source: 0 Fraction consumed of contaminated leafy crop: 0.25 Fraction consumed of contaminated exposed crop: 0.25 Fraction consumed of contaminated protected crop: 0.25 Fraction consumed of contaminated root crop: 0.25 Egg Fraction consumed from contaminated water source: 0 Fraction consumed of contaminated leafy crop: 0.25 Fraction consumed of contaminated exposed crop: 0.25 Fraction consumed of contaminated protected crop: 0.25 Fraction consumed of contaminated root crop: 0.25 ********************************** TIER 2 SETTINGS Tier2 adjustments were used in this assessment. Please see the input file for details. Tier2 - What was changed: ED or start age changed| Calculating cancer risk Cancer risk breakdown by pollutant and receptor saved to: F:\HRA\0014-024\HARP\07 - CT Ops After Con V2\hra\Ops Starting After ConCancerRisk.csv Cancer risk total by receptor saved to: F:\HRA\0014-024\HARP\07 - CT Ops After Con V2\hra\Ops Starting After ConCancerRiskSumByRec.csv Calculating chronic risk Chronic risk breakdown by pollutant and receptor saved to: F:\HRA\0014-024\HARP\07 - CT Ops After Con V2\hra\Ops Starting After ConNCChronicRisk.csv Chronic risk total by receptor saved to: F:\HRA\0014-024\HARP\07 - CT Ops After Con V2\hra\Ops Starting After ConNCChronicRiskSumByRec.csv Calculating acute risk 290 Acute risk breakdown by pollutant and receptor saved to: F:\HRA\0014-024\HARP\07 - CT Ops After Con V2\hra\Ops Starting After ConNCAcuteRisk.csv Acute risk total by receptor saved to: F:\HRA\0014-024\HARP\07 - CT Ops After Con V2\hra\Ops Starting After ConNCAcuteRiskSumByRec.csv HRA ran successfully 291 Central Transport Regional Facility Crown Enterprises, Inc. Relocation and Annexation Project Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum ATTACHMENT C Energy Consumption Calculations 292 Central Transport Regional Facility—Energy Consumption Summary Summary of Energy Use During Construction (Annually) Construction vehicle fuel 6,110 gallons (gasoline, diesel) Construction equipment fuel 15,312 gallons (diesel) Construction office trailer electricity 18,315 kilowatt hours Summary of Energy Use During Proposed Operations (Annually) Operational vehicle fuel consumption (passenger vehicles)34,061 gallons (gasoline, diesel) Operational vehicle fuel consumption (trucks)382,655 Total Operational vehicle fuel consumption 416,716 Operational natural gas consumption 1,127,316 kilo-British Thermal Units Operational electricity consumption 1,544,582 kilowatt hours 293 Construction Vehicle Fuel Calculations (Page 1 of 2) EMFAC2017 (v1.0.2) Emissions Inventory VMT = Vehicle Miles Traveled Region Type: County FE = Fuel Economy Region: FRESNO Calendar Year: 2023 Season: Annual Vehicle Classification: EMFAC2007 Categories Units: miles/day for VMT, trips/day for Trips, tons/day for Emissions, 1000 gallons/day for Fuel Consumption. Note 'day' in the unit is operation day. Region Calendar Year Vehicle Class Model Year Speed Fuel Population VMT (mi/day) Fuel Consumption (1000 gallons/day) FE (mi/gallon)VMT*FE FRESNO 2023 HHDT Aggregated Aggregated GAS 3.5782796 472.6746 0.119101015 3.9686863 1875.89707 FRESNO 2023 HHDT Aggregated Aggregated DSL 16286.775 2254835 343.1505226 6.5709803 14816478.5 FRESNO 2023 LDA Aggregated Aggregated GAS 360187.01 13826269 450.5829573 30.6852916 424263110 FRESNO 2023 LDA Aggregated Aggregated DSL 2734.6688 113419.6 2.240176367 50.6297489 5742404.2 FRESNO 2023 LDT1 Aggregated Aggregated GAS 39099.954 1354857 52.1252267 25.9923405 35215895 FRESNO 2023 LDT1 Aggregated Aggregated DSL 29.873939 419.4733 0.01653543 25.3681542 10641.264 FRESNO 2023 LDT2 Aggregated Aggregated GAS 129640.03 4712300 198.0045045 23.7989558 112147830 FRESNO 2023 LDT2 Aggregated Aggregated DSL 548.33145 23832.77 0.640468806 37.211438 886851.466 FRESNO 2023 LHDT1 Aggregated Aggregated GAS 10624.694 355805.2 42.963626 8.28154456 2946616.48 FRESNO 2023 LHDT1 Aggregated Aggregated DSL 10656.827 371708.6 21.02038574 17.6832447 6573014.58 FRESNO 2023 LHDT2 Aggregated Aggregated GAS 1825.478 59952.67 8.323817429 7.20254474 431811.769 FRESNO 2023 LHDT2 Aggregated Aggregated DSL 3628.5616 128355.2 8.141716014 15.7651287 2023536.27 FRESNO 2023 MDV Aggregated Aggregated GAS 124848.66 4140988 215.1808357 19.244221 79690080.1 FRESNO 2023 MDV Aggregated Aggregated DSL 2105.9419 86518.71 3.196155058 27.0696208 2342028.55 FRESNO 2023 MHDT Aggregated Aggregated GAS 926.14745 51879.66 10.96463468 4.73154504 245470.961 FRESNO 2023 MHDT Aggregated Aggregated DSL 9736.5049 659605.7 71.4206232 9.23550746 6091793.35 Worker Weighted Average Fuel Economy 27.21916 Vendor Weighted Average Fuel Economy 8.53306276 Haul Weighted Average Fuel Economy 6.5704349 California Air Resource Board (CARB). EMFAC2017 Web Database. Website: https://arb.ca.gov/emfac/2017/. Accessed May 2023. Given Calculations 294 Construction Equipment Fuel Calculation (Page 1 of 2) Source: CalEEMod Output Central Transport Project Construction Schedule Construction Area Phase Type Start Date End Date Num Days Week Num Days Project Construction Site Preparation 7/1/2023 8/13/2023 5 30 Project Construction Grading 8/14/2023 9/25/2023 5 30 Project Construction Building Construction 10/24/2023 7/3/2024 5 182 Project Construction Paving 9/26/2023 10/23/2023 5 20 Project Construction Architectural Coating 7/4/2024 7/31/2024 5 20 Construction Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Number of Days HP Hours Fuel (gallons/HP- hour) Diesel Fuel Usage Site Preparation Rubber Tired Dozers 3 8 367 0.40 30 105,696.00 0.02046 2,162.70 Site Preparation Tractors/Loaders/Backhoes 4 8 84 0.37 30 29,836.80 0.01894 565.15 Grading Excavators 2 8 158 0.38 30 28,819.20 0.01976 569.55 Grading Graders 1 8 148 0.41 30 14,563.20 0.02120 308.72 Grading Rubber Tired Dozers 1 8 367 0.40 30 35,232.00 0.02046 720.90 Grading Scrapers 2 8 423 0.48 30 97,459.20 0.02486 2,423.20 Grading Tractors/Loaders/Backhoes 3 8.8 84 0.37 30 24,615.36 0.01894 466.25 Building Construction Cranes 1 7 367 0.29 182 135,591.82 0.01500 2,033.24 Building Construction Forklifts 3 8 82 0.20 182 71,635.20 0.02081 1,490.66 Building Construction Generator Sets 1 8 14 0.74 182 15,084.16 0.04240 639.61 Building Construction Tractors/Loaders/Backhoes 3 7 84 0.37 182 118,787.76 0.01894 2,249.99 Building Construction Welders 1 8 46 0.45 182 30,139.20 0.02588 780.08 Paving Pavers 2 8 130 0.42 20 17,472.00 0.02151 375.87 Paving Paving Equipment 2 8 132 0.36 20 15,206.40 0.01833 278.73 Paving Rollers 2 8 80 0.38 20 9,728.00 0.01942 188.89 Architectural Coating Air Compressors 1 6 37 0.48 20 2,131.20 0.02766 58.94 Total Construction Equipment Fuel Consumption (gallons)15,312.49 Notes: Equipment assumptions are provided in the CalEEMod output files. Source of usage estimates: California Air Resource Board (CARB). 2022. OFFROAD2017 (v1.0.1) Emissions Inventory Website: https://www.arb.ca.gov/orion/. Accessed May 1, 2023. 296 Construction Equipment Fuel Calculation (Page 2 of 2) OFFROAD2017 (v1.0.1) Emissions Inventory Region Type: County Region: Fresno Scenario: All Adopted Rules - Exhaust Vehicle Classification: OFFROAD2017 Equipment Types Units: Emissions: tons/day, Fuel Consumption: gallons/year, Activity: hours/year, HP-Hours: HP-hours/year Region Vehicle Class Model Year HP_Bin Fuel Fuel (gallons/year) Horsepower Hours (HP- hours/year) Fuel (gallons/HP- hour) Fresno ConstMin - Cranes Aggregated 75 Diesel 283.187 18885.015 0.014995321 Fresno ConstMin - Excavators Aggregated 175 Diesel 247434.805 12520180.193 0.019762879 Fresno ConstMin - Graders Aggregated 175 Diesel 151368.953 7140536.907 0.021198539 Fresno ConstMin - Pavers Aggregated 175 Diesel 32732.189 1521509.140 0.021512976 Fresno ConstMin - Paving Equipment Aggregated 175 Diesel 13696.518 747231.968 0.018329673 Fresno ConstMin - Rollers Aggregated 100 Diesel 79011.010 4069235.397 0.019416672 Fresno ConstMin - Rough Terrain Forklifts Aggregated 100 Diesel 200971.731 9657888.419 0.020809076 Fresno ConstMin - Rubber Tired Dozers Aggregated 300 Diesel 10331.179 504908.236 0.020461498 Fresno ConstMin - Scrapers Aggregated 300 Diesel 90981.977 3659218.054 0.024863776 Fresno ConstMin - Tractors/Loaders/Backhoes Aggregated 175 Diesel 211438.622 11162834.316 0.018941303 Fresno ConstMin - Tractors/Loaders/Backhoes Aggregated 300 Diesel 127421.155 6692059.770 0.019040648 Fresno ConstMin - Trenchers Aggregated 100 Diesel 17961.409 689768.533 0.026039763 Fresno OFF - ConstMin - Cement and Mortar Mixers Aggregated 25 Diesel 1766.600 55224.500 0.031989425 Fresno OFF - ConstMin - Concrete/Industrial Saws Aggregated 50 Diesel 901.550 21319.650 0.04228728 Fresno OFF - Light Commercial - Generator Sets Aggregated 50 Diesel 49348.000 1163787.900 0.042402916 Fresno OFF - Light Commercial - Welders Aggregated 50 Diesel 82263.700 3178347.000 0.025882542 Fresno OFF - Light Commercial - Air Compressors Aggregated 50 Diesel 17928.800 648240.000 0.027657658 297 Construction Office Electricity Calculation Energy Appendix: CalEEMod Typical Construction Trailer Typical Construction Trailer - Fresno County, Annual kWh/yr = kilowatt hours per year Energy by Land Use - Electricity Annual 16,881 kWh/yr Total Over Construction 18,315 kWh Total Construction Schedule Start 7/1/2023 End 7/31/2024 Total Calendar Days 396 Years 1.08 298 Operational Fuel Calculation—Project-generated Operational Trips California Air Resource Board (CARB). EMFAC2021. Website: https://arb.ca.gov/emfac/emissions-inventory/. Accessed May 26, 2023. Source: EMFAC2021 (v1.0.2) Emissions Inventory VMT = Vehicle Miles Traveled Region Type: County FE = Fuel Economy Region: Fresno Calendar Year: 2024 Season: Annual Vehicle Classification: EMFAC2007 Categories Units: miles/day for CVMT and EVMT, trips/day for Trips, kWh/day for Energy Consumption, tons/day for Emissions, 1000 gallons/day for Fuel Consumption Region Calendar Year Vehicle Class Model Year Speed Fuel Population VMT Fuel Consumption FE VMT*FE Fresno 2024 LDA Aggregate Aggregate Gasoline 315119.5806 12133467.41 410.3671735 29.56734406 358754405.4 Fresno 2024 LDA Aggregate Aggregate Diesel 708.812072 21074.60505 0.474386501 44.42496785 936238.6519 Total VMT 12154542.01 Weighted Average Fuel Economy 29.5931055 Fresno 2024 LDT1 Aggregate Aggregate Gasoline 30596.80393 993295.8066 40.64748998 24.4368301 24273000.87 Fresno 2024 LDT1 Aggregate Aggregate Diesel 18.8924069 217.8616063 0.00859385 25.35087331 5522.981979 Fresno 2024 LDT2 Aggregate Aggregate Gasoline 145366.0625 5656653.971 237.1886608 23.84875378 134904147.8 Fresno 2024 LDT2 Aggregate Aggregate Diesel 375.2275066 15817.53015 0.461913662 34.24347759 541647.2392 Fresno 2024 MDV Aggregate Aggregate Gasoline 130595.6269 4577942.101 237.8965609 19.24341438 88095236.88 Fresno 2024 MDV Aggregate Aggregate Diesel 1857.31625 70493.78446 2.818651003 25.00975977 1763032.615 Total VMT 11314421.06 Weighted Average Fuel Economy 22.05880329 Fresno 2024 LHDT1 Aggregate Aggregate Gasoline 12363.75636 442604.9108 46.68025073 9.481630965 4196616.427 Fresno 2024 LHDT1 Aggregate Aggregate Diesel 11041.74007 396666.7609 25.1163181 15.79318909 6264633.159 Fresno 2024 LHDT2 Aggregate Aggregate Gasoline 2053.928866 70185.22247 8.437278009 8.318467448 583833.4885 Fresno 2024 LHDT2 Aggregate Aggregate Diesel 4082.416061 149342.534 11.38052244 13.12264307 1959768.77 Fresno 2024 MHDT Aggregate Aggregate Gasoline 939.8774941 52454.03356 11.171826 4.695206816 246282.5359 Fresno 2024 MHDT Aggregate Aggregate Diesel 7764.571273 374754.4819 43.22629384 8.669595486 3248969.765 Total VMT 1486007.944 Weighted Average Fuel Economy 11.10364464 Fresno 2024 HHDT Aggregate Aggregate Gasoline 0.917790183 69.44543013 0.018035207 3.850547992 267.4029615 Fresno 2024 HHDT Aggregate Aggregate Diesel 14420.40105 2065363.161 343.6885277 6.009403847 12411601.32 Total VMT 2065432.606 Weighted Average Fuel Economy 6.00933126 Fresno 2024 OBUS Aggregate Aggregate Gasoline 300.7854604 14710.91671 3.105113165 4.737642698 69695.06715 Fresno 2024 OBUS Aggregate Aggregate Diesel 150.8808684 12692.98469 1.947163676 6.518704536 82741.81685 Fresno 2024 SBUS Aggregate Aggregate Gasoline 315.6763807 18881.1255 1.889359024 9.993402658 188686.6897 Fresno 2024 SBUS Aggregate Aggregate Diesel 853.5858604 19294.30333 2.320553465 8.314526519 160422.9967 Fresno 2024 UBUS Aggregate Aggregate Gasoline 89.80815774 4205.592643 0.876027146 4.800756077 20190.02444 Fresno 2024 UBUS Aggregate Aggregate Diesel 17.99174808 1956.602447 0.214585524 9.118054245 17840.40725 Total VMT 71741.52531 Weighted Average Fuel Economy 7.521125314 Fresno 2024 MCY Aggregate Aggregate Gasoline 15858.59323 86629.61026 2.10465997 41.16085804 3565749.09 Total VMT 86629.61026 Weighted Average Fuel Economy 41.16085804 Given Calculations 299 Operational Fuel Calculation—Project-generated Operational Trips (Passenger Vehicle Run) Total Operational VMT Central Transport - Buildout Year Operations (Passenger Vehicles) Annual VMT (miles) Total VMT 759,468 By Vehicle Type (Average Fleet Mix for Passenger Vehicles) LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH 46.728286 4.239474 20.381239 18.518420 3.238280 0.848983 1.217699 2.051242 0.062658 0.034678 2.191199 0.184199 0.303644 Fraction of 1 Percent of Vehicle Trips Annual VMT Daily VMT Average Fuel Economy (miles/gallon) Total Daily Fuel Consumption (gallons) Total Annual Fuel Consumption (gallons) Passenger Cars (LDA)0.4673 46.73 354,886 972 29.59 32.9 11,992 0.4314 43.14 327,628 898 22.06 40.7 14,852 0.0530 5.30 40,289 110 11.10 9.9 3,628 HHDT 0.0205 2.05 15,579 43 6.01 7.1 2,592 MCY 0.0219 2.19 16,641 46 41.16 1.1 404 Buses/Other 0.0059 0.59 4,444 12 7.52 1.6 591 Total —100.0 759,468 2,081 93.3 34,061 Light Trucks and Medium Vehicles (LDT1, LDT2, and MDV) LHDT1, LHDT2, and MHDT 300 Operational Fuel Calculation—Project-generated Operational Trips (Trucks Only) Total Operational VMT Central Transport - Buildout Year Operations (Trucks Only) Annual VMT (miles) Total VMT 2,299,500 By Vehicle Type (Average Fleet Mix for Truck Only Run) LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 100.000000 0.000000 0.000000 0.000000 0.000000 0.000000 Fraction of 1 Percent of Vehicle Trips Annual VMT Daily VMT Average Fuel Economy (miles/gallon) Total Daily Fuel Consumption (gallons) Total Annual Fuel Consumption (gallons) Passenger Cars (LDA)0.0000 0.00 0 0 29.59 0.0 0 0.0000 0.00 0 0 22.06 0.0 0 0.0000 0.00 0 0 11.10 0.0 0 HHDT 1.0000 100.00 2,299,500 6,300 6.01 1048.4 382,655 MCY 0.0000 0.00 0 0 41.16 0.0 0 Buses/Other 0.0000 0.00 0 0 7.52 0.0 0 Total —100.0 2,299,500 6,300 1,048.4 382,655 Light Trucks and Medium Vehicles (LDT1, LDT2, and MDV) LHDT1, LHDT2, and MHDT 301 Project Operations Natural Gas Use Source: CalEEMod Output kBTU/yr = kilo-British Thermal Units/year CalEEMod Land Use Natural Gas Use (kBTU/yr) Unrefrigerated Warehouse-No Rail 368056.4071 General Office Building 267591.8918 Automobile Care Center 491667.8308 Parking Lot 0 Other Asphalt Surfaces 0 Total 1,127,316 kBTU/yr Central Transport - Buildout Year Operations 302 Project Operations Electricity Use Source: CalEEMod Output kWh/yr = kilowatt hours per year Electricity Use CalEEMod Land Use (kWh/yr) Unrefrigerated Warehouse-No Rail 741,047 General Office Building 157,091 Automobile Care Center 142,370 Parking Lot 504,075 Other Asphalt Surfaces 0 Total 1,544,582 kWh/yr *The estimates above account for total consumption and not demand after incorporation of renewable energy. Central Transport - Buildout Year Operations 303 Construction Trailer Custom Report, 5/26/2023 1 / 5 Construction Trailer Custom Report Table of Contents 1. Basic Project Information 1.1. Basic Project Information 1.2. Land Use Types 4. Operations Emissions Details 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated 5. Activity Data 5.11. Operational Energy Consumption 5.11.1. Unmitigated 7. Health and Equity Details 7.1. CalEnviroScreen 4.0 Scores 8. User Changes to Default Data 304 Construction Trailer Custom Report, 5/26/2023 2 / 5 1. Basic Project Information 1.1. Basic Project Information Data Field Value Project Name Construction Trailer Operational Year 2023 Lead Agency — Land Use Scale Project/site Analysis Level for Defaults County Windspeed (m/s)2.70 Precipitation (days)25.4 Location 36.687961, -119.784008 County Fresno City Unincorporated Air District San Joaquin Valley APCD Air Basin San Joaquin Valley TAZ 2490 EDFZ 5 Electric Utility Pacific Gas & Electric Company Gas Utility Pacific Gas & Electric App Version 2022.1.1.13 1.2. Land Use Types Land Use Subtype Size Unit Lot Acreage Building Area (sq ft)Landscape Area (sq ft) Special Landscape Area (sq ft) Population Description General Office Building 0.72 1000sqft 0.02 720 0.00 ——— 305 Construction Trailer Custom Report, 5/26/2023 3 / 5 4. Operations Emissions Details 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) — — — — — — — — — — — — — — — — — — General Office Building — — — — — — — — — — — — 9.43 9.43 < 0.005 < 0.005 — 9.53 Total — — — — — — — — — — — — 9.43 9.43 < 0.005 < 0.005 — 9.53 Daily, Winter (Max) — — — — — — — — — — — — — — — — — — General Office Building — — — — — — — — — — — — 9.43 9.43 < 0.005 < 0.005 — 9.53 Total — — — — — — — — — — — — 9.43 9.43 < 0.005 < 0.005 — 9.53 Annual — — — — — — — — — — — — — — — — — — General Office Building — — — — — — — — — — — — 1.56 1.56 < 0.005 < 0.005 — 1.58 Total — — — — — — — — — — — — 1.56 1.56 < 0.005 < 0.005 — 1.58 5. Activity Data 5.11. Operational Energy Consumption 306 Construction Trailer Custom Report, 5/26/2023 4 / 5 5.11.1. Unmitigated Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr)CO2 CH4 N2O Natural Gas (kBTU/yr) General Office Building 16,881 204 0.0330 0.0040 28,756 7. Health and Equity Details 7.1. CalEnviroScreen 4.0 Scores The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. Indicator Result for Project Census Tract Exposure Indicators — AQ-Ozone 80.0 AQ-PM 94.3 AQ-DPM 35.0 Drinking Water 98.5 Lead Risk Housing 72.8 Pesticides 92.0 Toxic Releases 76.5 Traffic 3.39 Effect Indicators — CleanUp Sites 85.6 Groundwater 70.6 Haz Waste Facilities/Generators 97.9 Impaired Water Bodies 0.00 Solid Waste 92.0 Sensitive Population — Asthma 93.4 307 Construction Trailer Custom Report, 5/26/2023 5 / 5 Cardio-vascular 75.0 Low Birth Weights 74.2 Socioeconomic Factor Indicators — Education 73.4 Housing 20.6 Linguistic 63.0 Poverty 78.0 Unemployment 60.6 8. User Changes to Default Data 308 Appendix B – Phase I Environmental Site Assessment & A S S O C I A T E S , I N C. GEOTECHNICAL ENGINEERING  ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING & INSPECTION 215 West Dakota Avenue • Clovis, California 93612 • (559) 348-2200 • FAX (559) 348-2190 With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx January 18, 2023 Project No. 014-22174 Ms. Emily Bowen Crawford & Bowen Planning, Inc. 113 N. Church Street, Suite 302 Visalia, California 93291 emily@candbplanning.com RE: Phase I Environmental Site Assessment Fresno Crown Truck Project South Cherry Avenue APN 329-100-52 Fresno, California 93706 Dear Ms. Bowen: Krazan & Associates, Inc., (Krazan) completed a Phase I Environmental Site Assessment at the referenced site summarized in a report dated January 18, 2023. We appreciate the opportunity to serve your environmental due diligence needs. During the course of this assessment, Krazan identified no evidence of recognized environmental conditions (RECs), controlled RECs (CRECs) or historical RECs (HRECs) in connection with the subject site as defined by ASTM E 1527-13. However, the following potential areas of concern (PAOCs) and site development issues were identified in connection with the subject site: PAOCs Krazan’s review of historical aerial photographs and historical topographic maps indicates that a rural residence was located in the southeastern portion of the subject site from at least 1946 until at least 1967. Additionally, historical aerial photographs of the subject site and surrounding vicinity taken during the 1937- to 1998-time interval indicate the presence of on-site and immediately proximate farming operations expected to utilize fuel-powered trucks and tractors/farm equipment. Mr. Andrew Falzarano, a representative of the owner of the subject site familiar with the subject site for the past six months, indicated that he was unaware of USTs being located at the subject site and no records of USTs for the subject site are on file with the local regulatory agencies. However, USTs on rural or agricultural properties historically have been exempt from requirements for registration with regulatory agencies. Krazan’s experience with such properties has shown that it is not uncommon for property owners/operators to install USTs for their convenience, especially in the vicinity of structures, which are undocumented and whose presence would remain unknown in spite of the standard data research conducted in the course of this Phase I ESA. It is therefore possible that subsurface features such as unregistered USTs may exist in the vicinity of the former on-site structures which remain unknown based upon the absence of any regulatory, municipality, interview data, or other evidence indicating their presence or location. Consequently, despite an absence of data suggesting their presence, the presence or absence of USTs associated with the subject site prior to the current owner of the subject site is unknown. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 2 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx During redevelopment of the subject site, if a UST or associated piping is encountered, please contact Krazan for a supplemental assessment. Site Development Issues An apparently vandalized and non-operational water well is present in the central-eastern portion of the subject site. The well appeared to be an agricultural water well which was electrically powered when last used. Additionally, Krazan’s review of historical aerial photographs indicates that a residence was located in the southeastern portion of the subject site circa 1946. A domestic water well and septic system potentially associated with this residence may be located in the southeastern portion of the subject site. If the existing water well and/or any water wells or septic systems identified during the planned redevelopment of the subject site are not to be utilized in the redevelopment, they should be properly abandoned, removed, or destroyed in accordance with State and local guidelines. If you have any questions regarding the information presented in this report, please call me at (559) 348- 2200. Respectfully submitted, KRAZAN & ASSOCIATES, INC. Jason R. Paul, PG 7557 Environmental Regional Manager JRP/mlt TABLE OF CONTENTS EXECUTIVE SUMMARY..................................................................................................................... i 1.0 INTRODUCTION....................................................................................................................... 1 2.0 PURPOSE AND SCOPE OF ASSESSMENT ............................................................................ 3 2.1 Purpose ..................................................................................................................................... 3 2.2 Scope of Work........................................................................................................................... 3 3.0 SUBJECT SITE SETTING ........................................................................................................ 4 3.1 Geology and Hydrogeology ....................................................................................................... 5 4.0 SITE BACKGROUND ............................................................................................................... 6 4.1 Sanborn Fire Insurance Maps..................................................................................................... 6 4.2 USGS Topographic Quadrangle Maps ....................................................................................... 6 4.3 City Cross Reference Directories ............................................................................................... 7 4.4 Aerial Photograph Interpretation ................................................................................................ 8 4.5 Municipal Records .................................................................................................................. 10 4.6 Previous Environmental Assessments ...................................................................................... 11 4.7 Agricultural Chemicals ............................................................................................................ 11 5.0 USER-PROVIDED INFORMATION ...................................................................................... 12 5.1 Environmental Liens/Activity and Use Limitations Report ....................................................... 12 5.2 Title Report ............................................................................................................................. 12 5.3 Interviews................................................................................................................................ 12 5.4 Phase I Environmental Site Assessment User Questionnaire .................................................... 13 6.0 SITE RECONNAISSANCE ...................................................................................................... 15 6.1 Observations ........................................................................................................................... 15 6.2 Adjacent Streets and Property Usage ....................................................................................... 17 6.3 ASTM Non-Scope Considerations ........................................................................................... 17 6.4 Regulatory Agency Records Review ........................................................................................ 18 7.0 DISCUSSION OF FINDINGS .................................................................................................. 23 7.1 Evaluation of Data Gaps/Data Failure ...................................................................................... 23 8.0 CONCLUSIONS ....................................................................................................................... 25 9.0 RELIANCE ............................................................................................................................... 26 10.0 LIMITATIONS ..................................................................................................................... 26 11.0 QUALIFICATIONS .............................................................................................................. 27 REFERENCES .................................................................................................................................... 29 GLOSSARY OF TERMS .................................................................................................................... 30 TABLE OF CONTENTS(continued) FIGURES Figure No. 1 Vicinity Map Figure No. 2 Parcel Map Figure No. 3 Site Map Figure No. 4 Topographic Map PHOTOGRAPHS APPENDICES Appendix A EDR – Certified Sanborn® Map Report EDR – Historical Topo Map Report EDR – City Directory Image Report EDR – Aerial Photo Decade Package Appendix B Environmental Lien/Activity Use Limitations Report Preliminary Title Report Phase I ESA Questionnaires Appendix C EDR – Radius Map Report i EXECUTIVE SUMMARY Krazan & Associates, Inc. (Krazan) has conducted a Phase I Environmental Site Assessment (ESA) of the 15.22-acre property which is associated with Fresno County Assessor’s Parcel Number (APN) 329-100-52 (subject site). The subject site is located west of South Cherry Avenue and 1,260 feet south of East North Avenue within an unincorporated area of Fresno County, California 93706. At the time of Krazan’s December 26, 2022 site reconnaissance, the subject site was vacant land which appeared to have been utilized for agricultural purposes previously. Krazan’s historical research indicates: 1) the subject site was vacant land from at least 1923 until approximately 1945, 2) the southeastern portion of the subject site was occupied by a rural residence from approximately 1946 until at least 1967, and 3) the subject site has not been occupied by any structures since at least 1973. Portions of the subject site appear to have utilized for agricultural purposes (grain crops) from at least 1937 until at least 1998. The subject site appears to have been vacant uncultivated land since at least 2006. Crown Enterprises, Inc. plans to develop the property with a trucking logistics facility. The site is located in a mixed commercial/light industrial, residential, and agricultural area of Fresno County. During the course of this assessment, Krazan identified no evidence of recognized environmental conditions (RECs), controlled RECs (CRECs) or historical RECs (HRECs) in connection with the subject site as defined by ASTM E 1527-13. However, the following potential areas of concern (PAOCs) and site development issues were identified in connection with the subject site: PAOCs Krazan’s review of historical aerial photographs and historical topographic maps indicates that a rural residence was located in the southeastern portion of the subject site from at least 1946 until at least 1967. Additionally, historical aerial photographs of the subject site and surrounding vicinity taken during the 1937- to 1998-time interval indicate the presence of on-site and immediately proximate farming operations expected to utilize fuel-powered trucks and tractors/farm equipment. Mr. Andrew Falzarano, a representative of the owner of the subject site familiar with the subject site for the past six months, indicated that he was unaware of USTs being located at the subject site and no records of USTs for the subject site are on file with the local regulatory agencies. However, USTs on rural or agricultural properties historically have been exempt from requirements for registration with regulatory agencies. Krazan’s experience with such properties has shown that it is not uncommon for property owners/operators to install USTs for their convenience, especially in the vicinity of structures, which are undocumented and whose presence would remain unknown in spite of the standard data research conducted in the course of this Phase I ESA. It is therefore possible that subsurface features such as unregistered USTs may exist in the vicinity of the former on-site structures which remain unknown based upon the absence of any regulatory, municipality, interview data, or other evidence indicating their presence or location. Consequently, despite an absence of data suggesting their presence, the presence or absence of USTs associated with the subject site prior to the current owner of the subject site is unknown. Site Development Issues An apparently vandalized and non-operational water well is present in the central-eastern portion of the subject site. The well appeared to be an agricultural water well which was electrically powered when last used. Additionally, Krazan’s review of historical aerial photographs indicates that a residence was located in the southeastern portion of the subject site circa 1946. A domestic water well and septic system potentially associated with this residence may be located in the southeastern portion of the subject site. If the existing water well and/or any water wells or septic systems identified during the planned redevelopment of the subject site are not to be utilized in the redevelopment, they should be properly abandoned, removed, or destroyed in accordance with State and local guidelines. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 1 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx 1.0 INTRODUCTION The subject site is located west of South Cherry Avenue and 1,260 feet south of East North Avenue within an unincorporated area of Fresno County, California 93706. The subject site, 15.22 acres in area, is associated with Fresno County Assessor’s Parcel Number (APN) 329-100-52. The subject site does not appear to be associated with an address. At the time of Krazan’s December 26, 2022 site reconnaissance, the subject site was vacant land which appeared to have been utilized for agricultural purposes previously. Krazan’s historical research indicates: 1) the subject site was vacant land from at least 1923 until approximately 1945, 2) the southeastern portion of the subject site was occupied by a rural residence from approximately 1946 until at least 1967, and 3) the subject site has not been occupied by any structures since at least 1973. Portions of the subject site appear to have been utilized for agricultural purposes (grain crops) from at least 1937 until at least 1998. The subject site appears to have been vacant uncultivated land since at least 2006. Krazan conducted the Phase I ESA of the subject site in conformance with the American Society for Testing and Materials (ASTM) E 1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.This Phase I ESA constitutes all appropriate inquiry (AAI) designed to identify recognized environmental conditions (RECs) in connection with the previous ownership and uses of the subject site as defined by ASTM E 1527-13. ASTM E 1527-13 Section 1.1.1 Recognized Environmental Conditions – In defining a standard of good commercial and customary practice for conducting an environmental site assessment of a parcel of property, the goal of the processes established by this practice is to identify recognized environmental conditions. The term recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.De minimis conditions are not recognized environmental conditions. It is incumbent upon the user to read this Phase I ESA report in its entirety. If not otherwise defined within the text of this report, please refer to the Glossary of Terms Section following the References Section for definitions of terms and acronyms utilized within this Phase I ESA report. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 2 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx Previous Environmental Assessments No previous environmental assessments were provided to Krazan by Crawford & Bowen Planning Inc. for review as part of this Phase I ESA. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 3 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx 2.0 PURPOSE AND SCOPE OF ASSESSMENT 2.1 Purpose According to ASTM E 1527-13, the purpose of this practice is to define good commercial and customary practice in the United States of America for conducting an environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. §9601) and petroleum products. As such, this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitation on CERCLA liability (hereinafter, the landowner liability protections,or LLPs): that is, the practice that constitutes all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial and customary practice as defined at 42 U.S.C. §9601(35)(B). 2.2 Scope of Work The scope of work for this Phase I ESA conforms to ASTM E 1527-13. The Phase I ESA includes the following scope of work: a) a site reconnaissance of existing on-site conditions and observations of adjacent property uses, b) a review of user-provided documents and search of available current land title records compiled by AFX Corp., Inc., c) a review of historical aerial photographs, a review of pertinent building permit records, cross-reference directories, historical Sanborn Fire Insurance Maps (SFIMs), and interview(s) with person(s) knowledgeable of the previous and current ownership and uses of the subject site, d) a review of local regulatory agency records, and e) a review of local, state, and federal regulatory agency lists compiled by Environmental Data Resources, Inc. (EDR). Krazan was provided written authorization to conduct the Phase I ESA by Ms. Emily Bowen with Crawford & Bowen Planning, Inc. on December 20, 2022 in Krazan’s November 17, 2022 Proposal/Cost Estimate No. P22-478. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 5 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx 3.1 Geology and Hydrogeology The subject site is located within the San Joaquin Valley, a broad structural trough bound by the Sierra Nevada and Coast Ranges of California. The San Joaquin Valley, which comprises the southern portion of the Great Valley of California, has been filled with several thousand feet of sedimentary deposits. Sediments in the eastern valley, derived from the erosion of the Sierra Nevada, have been deposited by major to minor west-flowing drainages and their tributaries. Near-surface sediments are dominated by sands and silty sands with lesser silts, minor clays, and gravel. The sedimentary deposits in the region form large coalescing alluvial fans with gentle slopes. Groundwater in the subject site vicinity was reported to be first encountered at a depth of approximately 105 feet bgs in Spring 2022. The groundwater flow direction in the area of the subject site is generally toward the southwest. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 6 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx 4.0 SITE BACKGROUND A review of historical Sanborn Fire Insurance Maps (SFIMs), historic USGS topographic maps, reasonably ascertainable city cross-reference directories, historical aerial photographs, local agency records and previous environmental reports, as made available to Krazan, were utilized to assess the history of the subject site. 4.1 Sanborn Fire Insurance Maps Krazan reviews Sanborn Fire Insurance Maps (SFIMs) to evaluate prior land use of the subject site and the adjacent properties. SFIMs typically exist for cities with populations of 2,000 or more, the coverage dependent on the location of the subject site within the city limits. Krazan contracted with Environmental Data Resources, Inc. (EDR) to provide copies of available SFIMs for the subject site and the adjacent properties. EDR’s search of Sanborn Insurance maps revealed no coverage for the subject site and the adjacent properties. Refer to Appendix A –EDR – Certified Sanborn® Map Report for details. 4.2 USGS Topographic Quadrangle Map Krazan reviewed the 15-minute Fresno, California topographic quadrangle map dated 1923, the 7.5-minute Fresno, California topographic quadrangle map dated 1942, and the 7.5-minute Fresno South, California topographic quadrangle maps dated 1946, 1947, 1963, 1972, 1981, 2012, 2015, and 2018. According to review of the historical topographic quadrangle maps which covered the subject site and the adjacent properties: 1) the subject site was vacant land from at least 1923 until at least 1947, 2) the southeastern portion of the subject site was occupied by a residential-type structure and the remainder of the subject site was vacant land in 1963, and 3) the subject site was vacant land from at least 1972 until at least 1981. Subject site and adjacent/vicinity property usage is summarized in the following table. Refer to Figure 4 and Appendix A –EDR - Historical Topo Map Report for copies of the maps. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 11 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx file with the FCPWPD for the subject site APN. Therefore, no permits for items of potential environmental concern such as underground storage tanks, septic systems, or previous structures/features are on file with the Fresno County Public Works and Planning Department for the subject site. Fresno County Fire Protection District The Fresno County Fire Protection District (FCFPD) has jurisdiction for fire protection for the subject site and the immediate vicinity. During the course of previous Phase I ESAs conducted in unincorporated areas of Fresno County, representatives of the Fresno County Fire Protection District have stated that records of hazardous materials storage and hazardous materials spill incidents are kept by the Fresno County Environmental Health Division, the CUPA for Fresno County. Furthermore, hazardous and/or flammable materials incidents have historically been filed according to the date of occurrence and not by the location of occurrence by the Fresno County Fire Protection District. 4.6 Previous Environmental Assessments No previous environmental assessments were provided to Krazan by Crawford & Bowen Planning, Inc. for review as part of this Phase I ESA. 4.7 Agricultural Chemicals Review of historical aerial photographs indicates that portions of the subject site were utilized for agricultural purposes from at least 1937 until at least 1998. Although the potential exists that environmentally persistent pesticides/herbicides were historically applied to crops grown on the subject site circa 1940s to 1970s; 1) no material evidence of the use of environmentally persistent pesticides/herbicides was obtained during the course of this assessment, 2) the subject site does not appear to have been occupied by a vineyard or an orchard which are typically more directly correlated with adverse impacts from the historical use of environmentally persistent pesticides/herbicides, and 3) it is anticipated that any environmentally persistent pesticides/herbicides potentially located on site will be dislocated and diluted as a result of the rough grading and trenching operations which will be conducted in connection with the proposed commercial redevelopment of the property. Consequently, given the above-referenced factors and Krazan’s experience in the subject site vicinity, the potential for elevated concentrations of environmentally persistent pesticides/herbicides related to crop cultivation to exist in the near-surface soils of common agricultural ground at concentrations which would require regulatory action appears unlikely low. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 12 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx 5.0 USER-PROVIDED INFORMATION A review of user-provided information was conducted in order to help identify pertinent information regarding potential environmental impacts associated with the subject site. 5.1 Environmental Liens/Activity and Use Limitations Report An Environmental Lien/Activity and Use Limitations (EL/AUL) Report was completed by AFX Corp. Inc. (AFX) for the subject site on December 22, 2022. The AFX EL/AUL Report provides results from a search of available land title records for environmental cleanup liens and other activity and use limitations, such as engineering controls and institutional controls. The subject site EL/AUL Report was reviewed to identify potential environmental liens, institutional controls (ICs), environmental land use controls (LUCs), environmental activity and use limitations (AULs), or declaration of environmental use restrictions (DEULs) which may have been filed against the subject site or exist in connection with the subject site as indicated by the subject site EL/AUL Report. Krazan’s review of the EL/AUL Report indicated no liens, judgments, ICs, LUCs, AULs, or DEULs were found for the subject site according to the scope of work and limitations. Refer to Appendix B –AFX EL/AUL Report for details. 5.2 Title Report A Preliminary Title Report (PTR) dated September 1, 2017, prepared for the subject site by First American Title Company, was provided by Crown Enterprises, LLC, the property owner and one of the Phase I ESA users. The subject site PTR was reviewed to identify potential environmental deed restrictions, environmental liens, or environmental activity and use limitations (AULs) which may have occurred on or exist in connection with the subject site. Krazan’s review of the PTR indicated no environmental deed restrictions, environmental liens or environmental AULs for the subject site. However, as quoted from the subject site PTR, “It is important to note that this Preliminary Title Report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land.” The absence of a condition of title represents a data gap. Refer to Appendix B –PTR for details. 5.3 Interviews Krazan conducts interviews with the owner of the subject site, a key site manager, subject site occupant(s), and/or the previous owner/occupant(s) of the subject site. The interview(s) is/are designed to provide pertinent information regarding potential environmental impacts associated with the subject site. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 13 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx Subject Site Owner –An interview was conducted with Mr. Falzarano, representative of the owner of the subject site, via his completion of an environmental questionnaire. According to questionnaire responses, Mr. Falzarano indicated that he has been familiar with the subject site for the past six months. Mr. Falzarano indicated that the subject site is currently vacant land which has not been developed with any structures previously. Mr. Falzarano indicated that the subject site appears to have been farmland historically. According to Mr. Falzarano, to the best of his knowledge, no use, storage, or disposal of hazardous materials; no existing or former ASTs or USTs; no hazardous materials spills, no environmental cleanups, no on-site treatment and/or discharge of waste; no environmental liens, AULs, engineering or institutional controls, no on-site leach fields, dry wells, sumps, or disposal ponds; no buried materials; no monitoring, domestic, or irrigation wells; or any items of environmental concern are associated with the subject site. Mr. Falzarano indicated that he is not aware of any obvious indications pointing to the presence or likely presence of contamination of the subject property. Mr. Falzarano indicated that the reason for preparation of this Phase I ESA is related to a proposed development. Additionally, Mr. Falzarano indicated that the purchase price of the subject site reasonably reflects fair market value. Refer to Appendix B –Owner Questionnaire completed by Mr. Falzarano for details. Previous Subject Site Owner Interview A Phase I ESA interview with a previous owner of the subject site was not conducted as contact information was not reasonably available. 5.4 Phase I Environmental Site Assessment User Questionnaire In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the Brownfields Amendments), the user must provide the following information (if available) to the environmental professional. Failure to provide this information could result in a determination that all appropriate inquiry is not complete. The user is asked to provide information or knowledge of the following: 1. Environmental cleanup liens that are filed or recorded against the site. 2.Activity and land use limitations that are in place on the site or that have been filed or recorded in a registry. 3. Specialized knowledge or experience of the person seeking to qualify for the LLPs. 4. Relationship of the purchase price to the fair market value of the property if it were not contaminated. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 14 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx 5.Commonly known or reasonably ascertainable information about the property. 6. The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation. 7. The reason for preparation of this Phase I ESA. On December 22, 2022, a completed Phase I ESA User questionnaire was received from Ms. Emily Bowen, representative of Crawford & Bowen Planning, Inc., one of the Phase I ESA users. According to the questionnaire responses, Ms. Bowen, to the best of her knowledge as the user of this Phase I ESA, was not aware of any environmental cleanup liens and/or activity or land use limitations which have been filed or recorded against the subject site. Ms. Bowen indicated that she has no knowledge of the historical uses of the subject site. Ms. Bowen has no specialized knowledge or experience of the prior nature of the business or chemical utilization on the subject site. Ms. Bowen indicated that she did not have knowledge of the past or current presence of specific chemicals or hazardous materials, unauthorized spills or chemical releases or of any environmental cleanups in connection with the subject site. Ms. Bowen indicated that she is not aware of any obvious indications pointing to the presence or likely presence of contamination of the subject property. Ms. Bowen indicated that the purchase price of the subject site reasonably reflects fair market value and indicated that the reason for preparation of this Phase I ESA is related to preparation of an environmental document pursuant to CEQA. Refer to Appendix B –Phase I ESA Questionnaires for details. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 18 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx Zone 1 being those areas with the average predicted indoor radon concentration in residential dwellings exceeding the EPA Action Limit of 4.0 pCi/L. It is important to note that the EPA has found homes with elevated levels of radon in all three zones, and the EPA recommends site-specific testing in order to determine radon levels at a specific location. However, the map does give a valuable indication of the propensity of radon gas accumulation in structures. Review of the EPA Map of Radon Zones places the Property in Zone 2, where average predicted radon levels are between 2.0 and 4.0 pCi/L. Therefore, the available data suggests that the potential for radon to adversely impact the subject site appears to be low. Environmental Non-Compliance Issues No material non-compliance issues were identified in connection with the subject site in the process of preparing this report. Activity and Use Limitations No activity and use limitations were identified in connection with the subject site in the process of preparing this report. 6.4 Regulatory Agency Records Review A review of Federal and State regulatory databases was conducted to help determine if hazardous materials have been handled, stored, or generated on the subject site and/or the adjacent properties and businesses. The Federal and State environmental databases consulted in the course of this assessment were compiled by Environmental Data Resources, Inc. (EDR) and identified facilities within the search distances specified in ASTM 1527-13. Krazan did not verify the locations and distances of every property listed by the EDR Radius Map Report. Krazan verified the location and distances of the properties Krazan deemed as having the potential to adversely impact the subject site. The actual location of the listed properties may differ from the EDR listing. No EDR-listed unmapped (non-geocoded) sites identified were determined to be located on or adjacent to the subject site. Refer to Appendix C –EDR Radius Map Report for the Map Findings Summary and complete details of the complete report. Regulatory records are reviewed based on the following criteria: 1) properties with known soils and/or groundwater releases considered to represent the potential for impact to the subject site that are located within 1,760 feet of the subject site for constituents of concern impacts or 528 feet of the subject site for petroleum hydrocarbon impacts; 2) properties that are adjacent or in proximity to the subject site included within the EDR regulatory database report or noted during the site reconnaissance to possibly handle, store, or generate hazardous materials. Applicable property records are discussed below. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 19 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx No Federal Superfund – National Priorities List (NPL) sites were determined to be located within a one- mile radius of the subject site. State of California Environmental Protection Agency Krazan’s December 22, 2022 review of the State of California Environmental Protection Agency (CalEPA) – Department of Toxic Substances Control (DTSC) Envirostor database available via the DTSC’s Internet Website indicated that no records of cleanup sites including State response sites, voluntary cleanup sites, school cleanup sites, or military or school evaluation sites are listed for the subject site, the adjacent properties, or properties located within 500 feet of the subject site. State of California Regional Water Quality Control Board - Geotracker Krazan’s December 22, 2022 review of the State of California Regional Water Quality Control Board (RWQCB) Geotracker database available via the RWQCB Internet Website did not identify any cleanup sites including LUST sites, cleanup program sites, or military sites at the subject site, the adjacent properties, or properties located within 500 feet of the subject site. California Department of Conservation, California Geologic Energy Management Division Krazan’s January 3, 2023 review of the State of California Department of Conservation, California Geologic Energy Management Division (CalGEM) Online Mapping System indicated that no plugged and abandoned or producing oil wells are located on or adjacent to the subject site. State of California Office of Emergency Services – Spills Database Krazan’s January 3, 2023 review of the State of California Office of Emergency Services (Cal OES) Spill Reports database, available via the Cal OES website indicated that no hazardous materials spill reports are included in the Cal OES Spill Reports database for subject site APN 329-100-52. Fresno County Department of Public Health – Environmental Health Division The Fresno County Department of Public Health, Environmental Health Division (FCEHD) is the lead regulatory agency or Certified Unified Program Agency (CUPA) for hazardous materials handling facilities located in Fresno County. Krazan’s review of the FCEHD CUPA and Solid Waste Programs Resource List (CUPA List) dated June 28, 2021 and January 3, 2023 review of the FCEHD on-line Environmental Health Document Portal indicated that no hazardous materials storage, hazardous waste generator, AST, UST, leaking UST (LUST), environmental cleanup site/site mitigation, and/or hazardous materials release incident records are on file with the FCEHD for the subject site. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 20 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx Cecil Hardy 3264 South Cherry Avenue Adjacent to the east According to records on file with the FCEHD, a 500-gallon gasoline UST was removed from the 3264 South Cherry Avenue property under FCEHD oversight in 2014. The former UST was located approximately 370 feet east of the subject site. No holes were noted in the UST at removal and no discolored soil was observed in the tank excavation pit. Analysis of a soil sample collected from the base of the excavation revealed that none of the gasoline derived constituents of potential concern were present above their respective laboratory reporting limits. Based on the removal of the potential contamination source, the reported absence of a fuel release, and the location of the former UST approximately 370 feet distant, there is no evidence to indicate that this former UST represents an environmental concern in connection with the subject site. Additionally, according to the California Environmental Reporting System (CERS) database available via the CalEPA Regulated Site Portal at the CalEPA website, no HMBP chemical inventory records and no CUPA compliance evaluation inspection records are included in the database for the northern, southern, eastern, or western adjacent properties suggesting that hazardous materials are not stored in reportable quantity and that hazardous waste is not generated in reportable quantity at these properties. Records are included in the CERS database for the property located 200 feet northeast of the subject site which are discussed below: Valley Iron 3114 South Cherry Avenue 200 feet northeast According to records on file with the FCEHD, the Valley Iron occupant of the 3114 South Cherry Avenue address maintains permits with the FCEHD as a chemical storage facility and as a hazardous waste generator. According to information on file with the FCEHD as contained in the CERS database, a HMBP was submitted for Valley Iron on February 10, 2022. Krazan’s January 3, 2023 review of the CERS database indicated that six chemicals/hazardous materials are used/stored at this property in reportable quantity, including: 1) oxygen – refrigerated liquid (120- 599 gallons), 2) oxygen – compressed gas (0-2,599 cubic feet), 3) nitrogen (0-2,599 cubic feet), 4) propane (600-1,199 gallons) E-Weld (12-59 gallons), and 6) oil/lubricant (12-59 gallons). A hazardous materials release response plan compliance evaluation inspection of this facility conducted by the FCEHD on April 26, 2016 revealed one violation for failure to submit a site map. A hazardous waste generator compliance evaluation inspection of this facility conducted by the FCEHD on April 26, 2016 revealed no violations. Krazan’s review of records on file with the FCEHD as contained in the CERS database for the facility/property located at 3114 South Cherry Avenue revealed no evidence of a documented release of hazardous materials or hazardous waste to the subsurface. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 21 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx Regulatory Database Review Several agencies have published documents that list businesses or properties which have handled hazardous materials or waste or may have experienced site contamination. The lists consulted in the course of our assessment were compiled by EDR and Krazan and represent reasonably ascertainable current listings. Krazan did not verify the locations and distances of every property listed by EDR. Krazan verified the location and distances of the properties Krazan deemed as having the potential to adversely impact the subject site. The actual location of the listed properties may differ from the EDR listing. No EDR-listed unmapped (non-geocoded) sites identified were determined to be located on or adjacent to the subject site. The subject site location was not listed in the EDR regulatory agency database report. Cecil Hardy, identified as 3264 South Cherry Avenue, is listed as a CUPA Listing site associated with the removal of a 500-gallon gasoline UST which is reportedly located 49 feet east of the subject site. Records on file with the FCEHD for this adjacent property UST removal site were discussed previously. AKAL Roadside Service, identified as 3216 South Cherry Avenue, is listed in the EDR report as a CUPA Listings site associated with its permitting as a waste tire facility which is reportedly located 59 feet east-northeast of the subject site. John Brown DBA Performance Power Systems and She Synthetic Synthetics, identified as 3195 South Cherry Avenue and reportedly located 225 feet northeast of the subject site (the 3195 South Cherry Avenue address is actually located adjacent to the north of the subject site), are listed in the EDR report as RCRA NonGen and No Longer Regulated (NLR) facilities indicating that these facilities are non-generating facilities which are no longer regulated. No violations were listed in association with any of these facilities/addresses and none are listed on a database indicating a release to the subsurface has occurred. These facilities are not considered to be an environmental concern in connection with the subject site. Hazardous Materials Migration in Soils and/or Groundwater No sites with reported releases of hazardous materials to the subsurface were reported within a 1,500-foot radius of the subject site. In general, potentially hazardous materials or petroleum products released from facilities located generally hydraulically upgradient within the subject site vicinity, or in a hydraulically cross-gradient direction in proximity to the site, may have a reasonable potential of migrating to the subject site via groundwater flow. This opinion is based on the assumption that non-vaporous hazardous materials generally do not migrate large distances laterally within the soil, but rather tend to migrate with groundwater in the general direction of groundwater flow. However, the potential for migration of volatile hazardous materials may include movement within soils, groundwater flow or potentially omni-directionally if present in a vaporous state. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 22 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx Hazardous Materials Migration in Vapor Hazardous materials or petroleum product vapors which may have the potential to migrate into the subsurface of the subject site may be caused by the release of vapors from contaminated soil or groundwater either on or in the vicinity of the subject site from current or historical uses of the subject site and/or adjacent or vicinity properties. Current or past land uses such as gasoline stations (using petroleum hydrocarbons), dry cleaning establishments (using chlorinated volatile organic compounds), former manufactured gas plant sites (using volatile and semi-volatile organic compounds), and former industrial sites such as those that had vapor degreasing or other parts-cleaning operations (using chlorinated volatile organic compounds) are of particular concern. Constituent of concern vapors are capable of migrating great distances omni- directionally along subsurface conduits such as pipelines, utility lines, sewer and stormwater lines, and building foundations. Based on Krazan’s observations and review of State and local regulatory agency records and the EDR regulatory database report, no listings of concern related to potential vapor migration were determined to be associated with the subject site, adjacent properties, or properties located within the subject site vicinity. Review of vicinity properties listed by EDR as release sites within the applicable search radii suggests that these properties do not represent a significant potential for vapor migration in connection with the subject site. The rationale supporting this opinion includes the following: Relevant sites had undergone investigation and remediation sufficient to receive regulatory agency closure. Sites with reported releases of minor quantities of COCs or COCs of limited volatility impacting soil only were considered of minimal concern. The lateral migration of the COCs in groundwater is reported to be limited and COCs were not detected in groundwater samples collected downgradient of the release and several hundred feet upgradient of the subject site. Sites with reported releases of COCs including volatile organic compounds (VOCs) were either of sufficient distance or hydraulically down- or cross-gradient from the subject site such that they do not appear to represent a significant potential for vapor migration on the subject site. No engineering control sites, sites with institutional controls, or sites with deed restrictions were listed for the subject site, adjacent sites or vicinity properties in the EDR Report. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 24 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx The following is a summary of data gaps encountered in the process of preparing this report including an observation as to the presumed significance of that data gap to the conclusions of this assessment. Absence of Interview with the Previous Property Owner (Section 5.3) A Phase I ESA interview with a previous owner of the subject site and the current owner of the subject site was not reasonably ascertainable. Consequently, information regarding the history and historical uses of the subject site obtained from an interview of the previous and current owner of the subject site constitutes a data gap. Taken in consideration with the available information obtained in the course of preparing this report in connection with professional experience, there is no evidence to suggest that this data gap might alter the conclusions of this assessment. However, the content of an interview with the previous and current property owners is unknown. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 25 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx 8.0 CONCLUSIONS We have conducted a Phase I ESA of the subject site in conformance with the scope and limitations of the ASTM E 1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process guidance documents. Any deviations from this practice were previously described in this report. During the course of this assessment, Krazan identified no evidence of recognized environmental conditions (RECs), controlled RECs (CRECs) or historical RECs (HRECs) in connection with the subject site as defined by ASTM E 1527-13. However, the following potential areas of concern (PAOCs) and site development issues were identified in connection with the subject site: PAOCs Krazan’s review of historical aerial photographs and historical topographic maps indicates that a rural residence was located in the southeastern portion of the subject site from at least 1946 until at least 1967. Additionally, historical aerial photographs of the subject site and surrounding vicinity taken during the 1937- to 1998-time interval indicate the presence of on-site and immediately proximate farming operations expected to utilize fuel-powered trucks and tractors/farm equipment. Mr. Andrew Falzarano, a representative of the owner of the subject site familiar with the subject site for the past six months, indicated that he was unaware of USTs being located at the subject site and no records of USTs for the subject site are on file with the local regulatory agencies. However, USTs on rural or agricultural properties historically have been exempt from requirements for registration with regulatory agencies. Krazan’s experience with such properties has shown that it is not uncommon for property owners/operators to install USTs for their convenience, especially in the vicinity of structures, which are undocumented and whose presence would remain unknown in spite of the standard data research conducted in the course of this Phase I ESA. It is therefore possible that subsurface features such as unregistered USTs may exist in the vicinity of the former on-site structures which remain unknown based upon the absence of any regulatory, municipality, interview data, or other evidence indicating their presence or location. Consequently, despite an absence of data suggesting their presence, the presence or absence of USTs associated with the subject site prior to the current owner of the subject site is unknown. Site Development Issues An apparently vandalized and non-operational water well is present in the central-eastern portion of the subject site. The well appeared to be an agricultural water well which was electrically powered when last used. Additionally, Krazan’s review of historical aerial photographs indicates that a residence was located in the southeastern portion of the subject site circa 1946. A domestic water well and septic system potentially associated with this residence may be located in the southeastern portion of the subject site. If the existing water well and/or any water wells or septic systems identified during the planned redevelopment of the subject site are not to be utilized in the redevelopment, they should be properly abandoned, removed, or destroyed in accordance with State and local guidelines. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 26 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx 9.0 RELIANCE This report was prepared solely for use by Client and should not be provided to any other person or entity without Krazan & Associates’ prior written consent. No party other than Client may rely on this report without Krazan & Associates’ express prior written consent. Reliance rights for third parties will only be in effect once requested by Client and authorized by Krazan & Associates with authorization granted by way of a Reliance Letter. The Reliance Letter will require that the relying party(ies) agree to be bound to the terms and conditions of the agreement between Client and Krazan & Associates as if originally issued to the relying party(ies), or as so stipulated in the Reliance Letter. 10.0 LIMITATIONS The site reconnaissance and research of the subject site has been limited in scope. This type of assessment is undertaken with the calculated risk that the presence, full nature, and extent of contamination would not be revealed by visual observation alone. Although a thorough site reconnaissance was conducted in accordance with ASTM Guidelines and employing a professional standard of care, no warranty is given, either expressed or implied, that hazardous material contamination or buried structures, which would not have been disclosed through this investigation, do not exist at the subject site. Therefore, the data obtained are clear and accurate only to the degree implied by the sources and methods used. The findings presented in this report were based upon field observations during a single property visit, review of available data, and discussions with local regulatory and advisory agencies. Observations describe only the conditions present at the time of this investigation. The data reviewed and observations made are limited to accessible areas and currently available records searched. Krazan cannot guarantee the completeness or accuracy of the regulatory agency records reviewed. Additionally, in evaluating the property, Krazan has relied in good faith upon representations and information provided by individuals noted in the report with respect to present operations and existing property conditions, and the historical uses of the property. It must also be understood that changing circumstances in the property usage, proposed property usage, subject site zoning, and changes in the environmental status of the other nearby properties can alter the validity of conclusions and information contained in this report. Therefore, the data obtained are clear and accurate only to the degree implied by the sources and methods used. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 27 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx This report is provided for the exclusive use of the client noted on the cover page and shall be subject to the terms and conditions in the applicable contract between the client and Krazan. Any third-party use of this report, including use by Client’s lender, shall also be subject to the terms and conditions governing the work in the contract between the client and Krazan. The unauthorized use of, reliance on, or release of the information contained in this report without the express written consent of Krazan is strictly prohibited and will be without risk or liability to Krazan. Conclusions and recommendations contained in this report are based on the evaluation of information made available during the course of this assessment. It is not warranted that such data cannot be superseded by future environmental, legal, geotechnical or technical developments. Consequently, given the possibility for unanticipated hazardous conditions to exist on a subject site which may not have been discovered, this Phase I ESA is not intended as the basis for a buyer or developer of real property to waive their rights of recovery based upon environmental unknowns. Parties that choose to waive rights of recovery prior to site development do so at their own risk. Parties who seek to rely upon Phase I Environmental Site Assessment reports dated more than 180 days prior to the date of reliance do so at their own risk. This limitation in reliance is based on the potential for physical changes at the site, changes in circumstances, technological and professional advances, and guidance related to the continued viability of Environmental Site Assessment reports, user’s responsibilities, and requirements for updating of components of the inquiry as stated in the ASTM Standard E 1527-13. 11.0 QUALIFICATIONS This Phase I ESA was conducted under the supervision or responsible charge of Krazan’s undersigned environmental assessor with oversight from the undersigned environmental professional. The work was conducted in accordance with ASTM E 1527-13 guidance, generally accepted industry standards for environmental due diligence in place at the time of the preparation of this report, and Krazan’s quality- control policies. We declare that, to the best of our professional knowledge and belief, we meet the definition of environmental professional as defined in §312.10 of 40 CFR 312 and we have the specific qualifications Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 28 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. We have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312. Respectfully submitted, KRAZAN & ASSOCIATES, INC. William H. Vick, PhD Environmental Professional Jason R. Paul, PG 7557 Environmental Regional Manager WHV/JRP/mlt Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 29 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx REFERENCES AFX Corp, Inc., Environmental Lien/Activity Use Limitations Report. American Society for Testing and Materials (ASTM),Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment (ESA) Process, ASTM Designation: E 1527-13. ASTM, Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions,ASTM Designation E 2600-10. Bowen, Ms. Emily, Crawford & Bowen Planning, Inc., Phase I ESA User Questionnaire. Environmental Data Resources, Inc. (EDR), Aerial photographs, Microsoft® Research Maps. Environmental Data Resources, Inc. (EDR), Certified Sanborn Map Report. Environmental Data Resources, Inc. (EDR), City Directory Abstract. Environmental Data Resources, Inc. (EDR), Regulatory Database Report. Environmental Data Resources, Inc. (EDR), Topographic Map Report. Fresno County Department of Public Health, Environmental Health Division. Fresno County Fire Protection District. Fresno County Public Works and Planning Department. Falzarano, Mr. Andrew, Crown Enterprises, Phase I ESA Property Owner Questionnaire. State of California Department of Toxic Substances Control, Envirostor Website: http://www.envirostor.dtsc.ca.gov/public State of California Geologic Energy Management Division (CalGEM) Maps Website: https://www.conservation.ca.gov/calgem/Pages/WellFinder.aspx State of California Regional Water Quality Control Board, Geotracker Website: http://geotracker.swrcb.ca.gov State of California, Department of Water Resources,Sustainable Groundwater Management Act (SGMA) Data Viewer, Spring 2022,https://sgma.water.ca.gov/webgis/?appid=SGMADataViewer#gwlevels U.S. Environmental Protection Agency (EPA)Map of Radon Zones. U.S. Fish & Wildlife Service National Wetland Inventory Wetlands Mapper: http://www.fws.gov/wetlands/Data/Mapper.html U.S. Geological Survey, 7.5-minute Fresno South, California topographic quadrangle maps. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 30 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx GLOSSARY OF TERMS Subject Site: The real property being investigated under this Phase I ESA. Adjacent Properties: Properties which are contiguous with the subject site, or would be contiguous except for a street, road, or other public thoroughfare. Subject Site Vicinity: Properties located within a 500-foot radius of the subject site. Environmental Professional:A person meeting the education, training, and experience requirements as set forth in 40 CFR §312.10(b). The EP may be an independent contractor or an employee of the user. User:The party seeking to use Practice E 1527 to complete an environmental site assessment of the subject site. A user may include, without limitation, a potential purchaser of the subject site, a potential tenant of the subject site, an owner of the subject site, a lender, or a property manager. Recognized Environmental Condition (REC): In defining a standard of good commercial and customary practice for conducting an environmental site assessment of a parcel of property, the goal of the processes established by this practice is to identify recognized environmental conditions. The term recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.De minimis conditions are not recognized environmental conditions. Controlled Recognized Environmental Condition (CREC): A recognized environmental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting risk-based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). For example, if a leaking underground storage tank has been cleaned up to a commercial use standard, but does not meet unrestricted residential cleanup criteria, this would be considered a CREC. The “control” is represented by the restriction that the property use remain commercial. A condition considered by the environmental professional to be a CREC shall be listed in the findings section of the Phase I ESA report and as an REC in the conclusions section. A condition identified as a CREC does not imply that the environmental professional has evaluated or confirmed the adequacy, implementation, or continued effectiveness of the required control that has been, or is intended to be, implemented. Historical Recognized Environmental Condition (HREC):A past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). Before calling the past release an HREC, the environmental professional must determine whether the past release is an REC at the time the Phase I ESA is conducted (for example, if there has been change in the regulatory criteria). If the EP considers the past release to be an REC at the time the Phase I ESA is conducted, the condition shall be included in the conclusions section of the report as an REC. Fresno Crown Truck Project Project No. 014-22174 Fresno, California Page No. 31 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States 014-22174 Fresno Crown Truck Phase I Report Final.docx GLOSSARY OF TERMS (continued) Potential Area of Concern (PAOC):A term adopted to provide an alternative designation to the REC and HREC for a range of environmental issues related to current subject site uses, historical subject site uses, or from adjacent and/or vicinity property uses. The PAOC is utilized to emphasize full disclosure and provide the User with conclusions and recommendations related to potential environmental issues in connection with the subject site based on Krazan’s professional experience in cases where official documentation or other evidence may be absent in order to identify an REC or HREC, thereby aiding the User’s considerations of environmental due diligence risk tolerance. Migrate/migration:For the purposes of this practice, “migrate” and “migration” refer to the movement of hazardous substances or petroleum products in any form, including, for example, solid and liquid at the surface or subsurface, and vapor in the subsurface. Vapor migration in the subsurface is described in ASTM E 2600-10 guidance; however, nothing in the E 1527-13 practice should be construed to require application of the E 2600-10 standard to achieve compliance with AAI. De minimis condition:A condition that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Condition determined to be de minimis conditions are not RECS or CRECs. Data Gap:A lack of or inability to obtain information required by this practice despite good faith efforts by the Environmental Professional to gather such information. Data gaps may result from incompleteness in any of the activities required by this practice, including, but not limited to the site reconnaissance and interviews. Data Failure:A failure to achieve the historical research objectives even after reviewing the standard historical sources that are reasonably ascertainable and likely to be useful. Data failure is one type of data gap. = SUBJECT SITE BOUNDARY VICINITY MAP Scale: NTS Date: January 2023 SIT DEVELOPMENT ENGINEERS With Offices Serving the Western U. S. FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Drawn By: BV Approved by: BV Project No. 014-22174 Figure No. 1 STATE HIGHWAY 41 NORTH MCCARRAN BLVD SOUTH CHERRY AVENUE RESIDENTIAL COMMERCIAL RESIDENTIAL 7.5-MINUTE SERIES USGS TOPOGRAPHIC MAP FRESNO SOUTH, CALIFORNIA DATED 1981 = SUBJECT SITE BOUNDARY TOPOGRAPHIC MAP Scale: NTS Date: January 2023 SITE DEVELOPMENT ENGINEERS With Offices Serving the Western U. S. FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Drawn By: BV Approved by: BV Project No. 014-22174 Figure No. 4 Photo 1: Western-facing view of the central-southern and southwestern portions of the subject site. Photo 2: Southern-facing view of the central and central-southern portions of the subject site. FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Project No. 014-22174 Date:January 2023 Approved by: BV SITE DEVELOPMENT ENGINEERS Offices Serving the Western United States Photo 3: Eastern-facing view of the central and central-eastern portions of the subject site. Photo 4: Northern-facing view of the central and central-northern portions of the subject site. FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Project No. 014-22174 Date:January 2023 Approved by: BV SITE DEVELOPMENT ENGINEERS Offices Serving the Western United States Photo 5: Southern-facing view of the central-western and southwestern portions of the subject site. Photo 6: Southern-facing view of the northwestern and central-western portions of the subject site. FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Project No. 014-22174 Date:January 2023 Approved by: BV SITE DEVELOPMENT ENGINEERS Offices Serving the Western United States Photo 7: Eastern-facing view of the northwestern and central-western portions of the subject site. Photo 8: Eastern-facing view of the central-northern and northeastern portions of the subject site. FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Project No. 014-22174 Date:January 2023 Approved by: BV SITE DEVELOPMENT ENGINEERS Offices Serving the Western United States Photo 9: Northern-facing view of the eastern portion of the subject site adjacent to South Cherry Avenue. Discarded materials are pictured photo center and foreground. Photo 10: View of a transient encampment and discarded materials located in the southeastern portion of the subject site. FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Project No. 014-22174 Date:January 2023 Approved by: BV SITE DEVELOPMENT ENGINEERS Offices Serving the Western United States Photo 11: View of the compressed butane gas containers located in the southeastern portion of the subject site. Photo 12: Eastern facing view of the irrigation canal located on/near the southern boundary of the subject site. FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Project No. 014-22174 Date:January 2023 Approved by: BV SITE DEVELOPMENT ENGINEERS Offices Serving the Western United States Photo 13: Northern facing view of the irrigation ditch located on/near the eastern boundary of the subject site. Photo 14: View of the charred vegetation located within/near the irrigation ditch on/near the eastern boundary of the subject site. FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Project No. 014-22174 Date:January 2023 Approved by: BV SITE DEVELOPMENT ENGINEERS Offices Serving the Western United States Photo 15: View of the non-operational former irrigation water well located in the central- eastern portion of the subject site. Photo 16: View of outbuilding and vacant land located adjacent to the east of the northern portion of the subject site FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Project No. 014-22174 Date:January 2023 Approved by: BV SITE DEVELOPMENT ENGINEERS Offices Serving the Western United States Photo 17: View of residential structures located adjacent to the northeast of the northern portion of the subject site. Photo 18: View of the agricultural land located adjacent to the east of the central portion of the subject site. FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Project No. 014-22174 Date:January 2023 Approved by: BV SITE DEVELOPMENT ENGINEERS Offices Serving the Western United States Photo 19: View of an apparent storage yard adjacent to the east of the southern portion of the subject site. Photo 20: View of the rural residence located adjacent to the south of the eastern portion of the subject site. FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Project No. 014-22174 Date:January 2023 Approved by: BV SITE DEVELOPMENT ENGINEERS Offices Serving the Western United States Photo 21: View of the agricultural land located adjacent to the south of the central and western portions of the subject site. Photo 22: View of State Highway 41 and the highway right-of-way located adjacent to the west of the subject site. FRESNO CROWN TRUCK PROJECT SOUTH CHERRY AVENUE APN 329-100-52 FRESNO, CALIFORNIA 93706 Project No. 014-22174 Date:January 2023 Approved by: BV SITE DEVELOPMENT ENGINEERS Offices Serving the Western United States TARGET PROPERTY: ADDRESS NOT IDENTIFIED IN RESEARCH SOURCE The f o llowing Target Property addresses were researched for this report, and the addresses were not identified in the research source. Address Researched Address Not Identified in Research Source South Ch erry Avenue 2017, 2014, 2009, 2004, 2002, 1999, 1996, 1994, 1990, 1986, 1980, 1975, 1970, 1965, 1962, 1958, 1952, 1947, 1942, 1937, 1932, 1927, 1922 CLTA Preliminary Report Form Order Number: 1004-5505365 (Rev. 11/06) Page Number: 1 First American Title Page 1 of 15 AMENDED First American Title Company 7010 North Palm Avenue Fresno, CA 93650 California Department of Insurance License No. 151 Fresno Industrial Realty 7330 North Palm Avenue Fresno, CA 93711 Phone: (559)447-9700 Customer Reference: Order Number: 1004-5505365 () Buyer: TBD Property: VACANT LAND PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Order Number: 1004-5505365 Page Number: 2 First American Title Page 2 of 15 Dated as of September 1, 2017 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Janice E. Pearson, as her sole and separate property, as to an undivided ¼ interest; Robert Starr Larsen, Jr., as to an undivided ¼ interest; Barbara Carol Tirapelle and Karen Marie Daoudian, as successor trustees of the Marital Trust created under the Mike and Alyce Demirjian Trust dated February 4, 2000, as to an undivided ¼ interest and Barbara Carol Tirapelle and Karen Marie Daoudian, as successor trustees of the Survivor's Trust created under the Mike and Alyce Demirjian Trust dated February 4, 2000, as to an undivided ¼ interest, Subject to item nos. 13, 21 and 22 The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2017-2018, a lien not yet due or payable. 2. Taxes and assessments, if any, of the Fresno Irrigation District. 3. The effect of an instrument entitled "Before the Board of Directors of the Fresno Metropolitan Flood Control District Resolution Providing for the Recordation of a Map Identifying Areas Subject to Payment of Drainage Fees and/or Requirements to Construct Planned Local Drainage Facilities", executed by Fresno Metropolitan Flood Control District and City of Fresno, recorded July 31, 1995 as Instrument No. 95092128 of Official Records. 4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Order Number: 1004-5505365 Page Number: 3 First American Title Page 3 of 15 5. A right of way for that certain irrigation canal or ditch known as Cherry Ave. No. 313 Ditch, in favor of Fresno Irrigation District, as disclosed by that certain expired lease dated January 1, 1941, recorded March 25, 1941, in Book 1990 Page 216 of Official Records, Document No. 10854. 6. An easement for the perpetual and exclusive right of way and easement, together with all rights necessary, convenient and incidental purposes, recorded January 5, 1970 as Instrument No. 578 in Book 5748, Page 303 of Official Records. In Favor of: Fresno Irrigation District, a public corporation Affects: As described therein 7. Abutter's rights of ingress and egress to or from Street or Highway have been relinquished in the document recorded February 6, 1970 as Instrument No. 8666 in Book 5757, Page 462 of Official Records. 8. Abutter's rights of ingress and egress to or from Freeway have been relinquished in the document recorded March 18, 1996 as Instrument No. 96034963 of Official Records. 9. A waiver of any claims for damages by reason of the location, construction, landscaping or maintenance of a contiguous freeway, highway or roadway, as contained in the document recorded March 18, 1996 as Instrument No. 96034963 of Official Records. 10. An easement for irrigation facilities and appurtenances thereto and incidental purposes, recorded July 26, 1996 as Instrument No. 96096183 of Official Records. In Favor of: Fresno Irrigation District, a public corporation Affects: As described therein The location of the easement cannot be determined from record information. 11. The terms and provisions contained in the document entitled "Consent to Common Use Agreement" recorded April 10, 2007 as Instrument No. 2007-0071943 of Official Records. 12. The effect of a deed executed by Kristin Ormond and Catherine Riddering, Successor Co-Trustees of The Robert S. Larsen, Jr. Trust dated June 16, 2005 to Catherine Riddering, a married woman, as her sole and separate property, and Kristin L. Ormond, a married woman as her sole and separate property, as tenants in common, 1/8 interest each, recorded December 18, 2008 as Instrument No. 2008-0172888 of Official Records. At the date of recording of the document, the grantor had no record interest in the land. 13. The effect of a deed dated January 27, 2010, executed by Barbara Carol Tirapelle and Karen Marie Daoudian, as successor Co-Trustees of the Marital Trust created under the Mike and Alyce Demirjian Trust dated February 4, 2000 and Barbara Carol Tirapelle and Karen Marie Daoudian, as successor Co-Trustees of the Survivor's Trust created under the Mike and Alyce Demirjian Trust dated February 4, 2000, as Grantor, to Leon E. Tirapelle, as Trustee of the Mike and Alyce Demirjian Insurance Trust of June 2, 1994, as Grantee, recorded January 29, 2010, as Instrument No. 2010-0011434 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. Order Number: 1004-5505365 Page Number: 4 First American Title Page 4 of 15 Document re-recorded April 9, 2010 as Instrument No. 2010-0046258 of Official Records. 14. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as Robert Starr Larsen, Jr.. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information. 15. Any right, title or interest of the spouse (if any) of any married person herein. 16. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181 et seq.) or under similar state laws. 17. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 18. Water rights, claims or title to water, whether or not shown by the public records. 19. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 20. A deed from the spouse of any married person herein be recorded in the public records, or the joinder of the spouse of any married person named herein on any conveyance, encumbrance or lease to be executed by said married person. 21. With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 22. With respect to the Mike and Alyce Demirjian Insurance Trust of June 2, 1994 : a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. Order Number: 1004-5505365 Page Number: 5 First American Title Page 5 of 15 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2016-2017. First Installment: $675.60, PAID Penalty: $0.00 Second Installment: $675.60, PAID Penalty: $0.00 Tax Rate Area: 152-001 A. P. No.: 329-100-52 2. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Vacant Land known as , Fresno, California. 3. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows: None 4. We find no open deeds of trust. Escrow please confirm before closing. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Order Number: 1004-5505365 Page Number: 6 First American Title Page 6 of 15 LEGAL DESCRIPTION Real property in the unincorporated area of the County of Fresno, State of California, described as follows: LOT 35 OF CENTRAL CALIFORNIA COLONY, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 2 PAGE 1 OF PLATS, FRESNO COUNTY RECORDS; EXCEPTING THEREFROM THE NORTH 160 FEET OF THE EAST 200 FEET THEREOF; ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 14 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, SAID NORTHWEST CORNER BEING AT COORDINATES Y = 495 684.30 FEET AND X = 1 768 436.10 FEET; THENCE ALONG THE NORTH LINE OF SAID SECTION, SOUTH 89° 41' 49" EAST 1324.35 FEET TO THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE ALONG SAID WEST LINE, SOUTH 0° 31' 20" WEST 1318.35 FEET TO THE NORTHWEST CORNER OF SAID LOT, LAST SAID NORTHWEST CORNER BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID LOT, SOUTH 89° 42' 55" EAST 240.10 FEET; THENCE SOUTH 5° 21' 59" WEST, A DISTANCE OF 541.92 FEET; THENCE ALONG A LINE PARALLEL WITH AND 97 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY FROM THE KINGS COUNTY LINE TO "P" STREET IN FRESNO, ROAD VI-FRE-125-B (NOW 06-FRE-41), SOUTH 0° 29' 30" WEST 119.35 FEET TO THE SOUTH LINE OF SAID LOT; THENCE ALONG SAID SOUTH LINE NORTH 89° 43' 28" WEST, 194.40 FEET TO THE WEST LINE OF SAID LOT; THENCE ALONG LAST SAID WEST LINE NORTH 0° 31' 20" EAST 659.18 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA AS FULLY DESCRIBED IN GRANT DEED RECORDED MARCH 18, 1996 AS INSTRUMENT NO. 96-34963, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF FRESNO, A MUNICIPAL CORPORATION AS FULLY DESCRIBED IN GRANT DEED RECORDED APRIL 18, 2007 AS INSTRUMENT NO. 07-77589, OF OFFICIAL RECORDS. 329-100-52 Order Number: 1004-5505365 Page Number: 7 First American Title Page 7 of 15 Order Number: 1004-5505365 Page Number: 8 First American Title Page 8 of 15 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. Order Number: 1004-5505365 Page Number: 9 First American Title Page 9 of 15 INCOMING DOMESTIC WIRE INSTRUCTIONS Beware of cyber-crime! If you receive an e-mail or any other communication that appears to be generated from a First American Title Company employee that contains new, revised or altered bank wire instructions, consider it suspect and call our office at a number you trust. ** Our Wire Instructions Do Not Change. ** Funds from other than buyer or seller: Other than funds from a designated lender, real estate agent or broker, or the attorney of record, we will only accept incoming wires that are from the buyer or seller on a transaction. Other third party deposits not accompanied by appropriate instructions will be returned to the remitter. Funds from a U.S. Bank: Funds should be wired from a bank within the United States. Notify our office at (559)221-1968 when you have transmitted your wire. Funds from a non-U.S. Bank: If your funds are being wired from a non-U.S. bank, additional charges may apply. Contact our office for Incoming International Wiring Instructions. ACH Transfers are NOT wire transfers: An ACH transfer is not immediately available funds and requires additional time for clearance. An ACH transfer cannot be accepted for an imminent closing. Acceptance of ACH transfers are subject to state law. Contact our office at (559)221-1968 prior to sending funds by ACH transfer. Contact our office at (559)221-1968 when funds are sent. PAYABLE TO: First American Title Company BANK: First American Trust, FSB ADDRESS 5 First American Way, Santa Ana, CA 92707 ACCOUNT NO.: 3007470000 ROUTING NUMBER 122241255 PLEASE REFERENCE THE FOLLOWING: PROPERTY: , Fresno, CA FILE NUMBER: 1004-5505365 FIRST AMERICAN TRUST, FSB CONTACT INFO: Banking Services (877)600-9473 WIRES MAY BE RETURNED IF THE FILE NUMBER AND PROPERTY REFERENCE ARE NOT INCLUDED Order Number: 1004-5505365 Page Number: 10 First American Title Page 10 of 15 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA STANDARD COVERAGE POLICY – 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, co sts, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulatio ns) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, d imensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the eff ect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in whi ch the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the esta te of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar cr editors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which ar ise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levie s taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public, records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; Order Number: 1004-5505365 Page Number: 11 First American Title Page 11 of 15 d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Dat e; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal ban kruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less) Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less) Covered Risk 19: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less) Covered Risk 21: 1% of Policy Amount Shown in Schedule A or $2,500 $5,000 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, c osts, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; Order Number: 1004-5505365 Page Number: 12 First American Title Page 12 of 15 (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mor tgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the covera ge provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B - Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [PART I [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclus ions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or ass essments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Compa ny insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage :] 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, c osts, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, reg ulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; Order Number: 1004-5505365 Page Number: 13 First American Title Page 13 of 15 (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Cov ered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the tr ansaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage : EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclus ions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or ass essments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insu red Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applica ble doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modificat ions made after the Order Number: 1004-5505365 Page Number: 14 First American Title Page 14 of 15 Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of t he estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subseq uent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy i n accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the tr ansaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Order Number: 1004-5505365 Page Number: 15 First American Title Page 15 of 15 Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. There fore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:  Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;  Information about your transactions with us, our affiliated companies, or others; and  Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or comp anies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermor e, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict acces s to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and a gents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates’ Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are he re and to provide you with a more meaningful and productive Web site experience. -------------------------------------------------------------------------------- Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) CLTA Preliminary Report Form Order Number: 1004-5505365 (Rev. 11/06) Page Number: 1 First American Title Page 1 of 15 AMENDED First American Title Company 7010 North Palm Avenue Fresno, CA 93650 California Department of Insurance License No. 151 Fresno Industrial Realty 7330 North Palm Avenue Fresno, CA 93711 Phone: (559)447-9700 Customer Reference: Order Number: 1004-5505365 () Buyer: TBD Property: VACANT LAND PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Order Number: 1004-5505365 Page Number: 2 First American Title Page 2 of 15 Dated as of September 1, 2017 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Janice E. Pearson, as her sole and separate property, as to an undivided ¼ interest; Robert Starr Larsen, Jr., as to an undivided ¼ interest; Barbara Carol Tirapelle and Karen Marie Daoudian, as successor trustees of the Marital Trust created under the Mike and Alyce Demirjian Trust dated February 4, 2000, as to an undivided ¼ interest and Barbara Carol Tirapelle and Karen Marie Daoudian, as successor trustees of the Survivor's Trust created under the Mike and Alyce Demirjian Trust dated February 4, 2000, as to an undivided ¼ interest, Subject to item nos. 13, 21 and 22 The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2017-2018, a lien not yet due or payable. 2. Taxes and assessments, if any, of the Fresno Irrigation District. 3. The effect of an instrument entitled "Before the Board of Directors of the Fresno Metropolitan Flood Control District Resolution Providing for the Recordation of a Map Identifying Areas Subject to Payment of Drainage Fees and/or Requirements to Construct Planned Local Drainage Facilities", executed by Fresno Metropolitan Flood Control District and City of Fresno, recorded July 31, 1995 as Instrument No. 95092128 of Official Records. 4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Order Number: 1004-5505365 Page Number: 3 First American Title Page 3 of 15 5. A right of way for that certain irrigation canal or ditch known as Cherry Ave. No. 313 Ditch, in favor of Fresno Irrigation District, as disclosed by that certain expired lease dated January 1, 1941, recorded March 25, 1941, in Book 1990 Page 216 of Official Records, Document No. 10854. 6. An easement for the perpetual and exclusive right of way and easement, together with all rights necessary, convenient and incidental purposes, recorded January 5, 1970 as Instrument No. 578 in Book 5748, Page 303 of Official Records. In Favor of: Fresno Irrigation District, a public corporation Affects: As described therein 7. Abutter's rights of ingress and egress to or from Street or Highway have been relinquished in the document recorded February 6, 1970 as Instrument No. 8666 in Book 5757, Page 462 of Official Records. 8. Abutter's rights of ingress and egress to or from Freeway have been relinquished in the document recorded March 18, 1996 as Instrument No. 96034963 of Official Records. 9. A waiver of any claims for damages by reason of the location, construction, landscaping or maintenance of a contiguous freeway, highway or roadway, as contained in the document recorded March 18, 1996 as Instrument No. 96034963 of Official Records. 10. An easement for irrigation facilities and appurtenances thereto and incidental purposes, recorded July 26, 1996 as Instrument No. 96096183 of Official Records. In Favor of: Fresno Irrigation District, a public corporation Affects: As described therein The location of the easement cannot be determined from record information. 11. The terms and provisions contained in the document entitled "Consent to Common Use Agreement" recorded April 10, 2007 as Instrument No. 2007-0071943 of Official Records. 12. The effect of a deed executed by Kristin Ormond and Catherine Riddering, Successor Co-Trustees of The Robert S. Larsen, Jr. Trust dated June 16, 2005 to Catherine Riddering, a married woman, as her sole and separate property, and Kristin L. Ormond, a married woman as her sole and separate property, as tenants in common, 1/8 interest each, recorded December 18, 2008 as Instrument No. 2008-0172888 of Official Records. At the date of recording of the document, the grantor had no record interest in the land. 13. The effect of a deed dated January 27, 2010, executed by Barbara Carol Tirapelle and Karen Marie Daoudian, as successor Co-Trustees of the Marital Trust created under the Mike and Alyce Demirjian Trust dated February 4, 2000 and Barbara Carol Tirapelle and Karen Marie Daoudian, as successor Co-Trustees of the Survivor's Trust created under the Mike and Alyce Demirjian Trust dated February 4, 2000, as Grantor, to Leon E. Tirapelle, as Trustee of the Mike and Alyce Demirjian Insurance Trust of June 2, 1994, as Grantee, recorded January 29, 2010, as Instrument No. 2010-0011434 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. Order Number: 1004-5505365 Page Number: 4 First American Title Page 4 of 15 Document re-recorded April 9, 2010 as Instrument No. 2010-0046258 of Official Records. 14. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as Robert Starr Larsen, Jr.. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information. 15. Any right, title or interest of the spouse (if any) of any married person herein. 16. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181 et seq.) or under similar state laws. 17. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 18. Water rights, claims or title to water, whether or not shown by the public records. 19. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 20. A deed from the spouse of any married person herein be recorded in the public records, or the joinder of the spouse of any married person named herein on any conveyance, encumbrance or lease to be executed by said married person. 21. With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 22. With respect to the Mike and Alyce Demirjian Insurance Trust of June 2, 1994 : a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. Order Number: 1004-5505365 Page Number: 5 First American Title Page 5 of 15 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2016-2017. First Installment: $675.60, PAID Penalty: $0.00 Second Installment: $675.60, PAID Penalty: $0.00 Tax Rate Area: 152-001 A. P. No.: 329-100-52 2. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Vacant Land known as , Fresno, California. 3. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows: None 4. We find no open deeds of trust. Escrow please confirm before closing. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Order Number: 1004-5505365 Page Number: 6 First American Title Page 6 of 15 LEGAL DESCRIPTION Real property in the unincorporated area of the County of Fresno, State of California, described as follows: LOT 35 OF CENTRAL CALIFORNIA COLONY, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 2 PAGE 1 OF PLATS, FRESNO COUNTY RECORDS; EXCEPTING THEREFROM THE NORTH 160 FEET OF THE EAST 200 FEET THEREOF; ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 14 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, SAID NORTHWEST CORNER BEING AT COORDINATES Y = 495 684.30 FEET AND X = 1 768 436.10 FEET; THENCE ALONG THE NORTH LINE OF SAID SECTION, SOUTH 89° 41' 49" EAST 1324.35 FEET TO THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE ALONG SAID WEST LINE, SOUTH 0° 31' 20" WEST 1318.35 FEET TO THE NORTHWEST CORNER OF SAID LOT, LAST SAID NORTHWEST CORNER BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID LOT, SOUTH 89° 42' 55" EAST 240.10 FEET; THENCE SOUTH 5° 21' 59" WEST, A DISTANCE OF 541.92 FEET; THENCE ALONG A LINE PARALLEL WITH AND 97 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY FROM THE KINGS COUNTY LINE TO "P" STREET IN FRESNO, ROAD VI-FRE-125-B (NOW 06-FRE-41), SOUTH 0° 29' 30" WEST 119.35 FEET TO THE SOUTH LINE OF SAID LOT; THENCE ALONG SAID SOUTH LINE NORTH 89° 43' 28" WEST, 194.40 FEET TO THE WEST LINE OF SAID LOT; THENCE ALONG LAST SAID WEST LINE NORTH 0° 31' 20" EAST 659.18 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA AS FULLY DESCRIBED IN GRANT DEED RECORDED MARCH 18, 1996 AS INSTRUMENT NO. 96-34963, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF FRESNO, A MUNICIPAL CORPORATION AS FULLY DESCRIBED IN GRANT DEED RECORDED APRIL 18, 2007 AS INSTRUMENT NO. 07-77589, OF OFFICIAL RECORDS. 329-100-52 Order Number: 1004-5505365 Page Number: 7 First American Title Page 7 of 15 Order Number: 1004-5505365 Page Number: 8 First American Title Page 8 of 15 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. Order Number: 1004-5505365 Page Number: 9 First American Title Page 9 of 15 INCOMING DOMESTIC WIRE INSTRUCTIONS Beware of cyber-crime! If you receive an e-mail or any other communication that appears to be generated from a First American Title Company employee that contains new, revised or altered bank wire instructions, consider it suspect and call our office at a number you trust. ** Our Wire Instructions Do Not Change. ** Funds from other than buyer or seller: Other than funds from a designated lender, real estate agent or broker, or the attorney of record, we will only accept incoming wires that are from the buyer or seller on a transaction. Other third party deposits not accompanied by appropriate instructions will be returned to the remitter. Funds from a U.S. Bank: Funds should be wired from a bank within the United States. Notify our office at (559)221-1968 when you have transmitted your wire. Funds from a non-U.S. Bank: If your funds are being wired from a non-U.S. bank, additional charges may apply. Contact our office for Incoming International Wiring Instructions. ACH Transfers are NOT wire transfers: An ACH transfer is not immediately available funds and requires additional time for clearance. An ACH transfer cannot be accepted for an imminent closing. Acceptance of ACH transfers are subject to state law. Contact our office at (559)221-1968 prior to sending funds by ACH transfer. Contact our office at (559)221-1968 when funds are sent. PAYABLE TO: First American Title Company BANK: First American Trust, FSB ADDRESS 5 First American Way, Santa Ana, CA 92707 ACCOUNT NO.: 3007470000 ROUTING NUMBER 122241255 PLEASE REFERENCE THE FOLLOWING: PROPERTY: , Fresno, CA FILE NUMBER: 1004-5505365 FIRST AMERICAN TRUST, FSB CONTACT INFO: Banking Services (877)600-9473 WIRES MAY BE RETURNED IF THE FILE NUMBER AND PROPERTY REFERENCE ARE NOT INCLUDED Order Number: 1004-5505365 Page Number: 10 First American Title Page 10 of 15 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA STANDARD COVERAGE POLICY – 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, co sts, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulatio ns) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, d imensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the eff ect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in whi ch the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the esta te of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar cr editors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which ar ise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levie s taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public, records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; Order Number: 1004-5505365 Page Number: 11 First American Title Page 11 of 15 d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Dat e; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal ban kruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less) Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less) Covered Risk 19: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less) Covered Risk 21: 1% of Policy Amount Shown in Schedule A or $2,500 $5,000 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, c osts, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; Order Number: 1004-5505365 Page Number: 12 First American Title Page 12 of 15 (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mor tgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the covera ge provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B - Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [PART I [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclus ions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or ass essments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Compa ny insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage :] 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, c osts, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, reg ulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; Order Number: 1004-5505365 Page Number: 13 First American Title Page 13 of 15 (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Cov ered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the tr ansaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage : EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclus ions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or ass essments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insu red Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applica ble doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modificat ions made after the Order Number: 1004-5505365 Page Number: 14 First American Title Page 14 of 15 Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of t he estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subseq uent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy i n accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the tr ansaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Order Number: 1004-5505365 Page Number: 15 First American Title Page 15 of 15 Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. There fore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:  Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;  Information about your transactions with us, our affiliated companies, or others; and  Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or comp anies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermor e, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict acces s to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and a gents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates’ Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are he re and to provide you with a more meaningful and productive Web site experience. -------------------------------------------------------------------------------- Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) & A S S O C I A T E S , I N C . G E O T E C H N I C A L E N G I N E E R I N G  E N V I R O N M E N T A L E N G I N E E R I N G C O N S T R U C T I O N T E S T I N G & I N S P E C T I O N 215 West Dakota Avenue • Clovis, California 93612 • (559) 348-2200 • FAX (559) 348-2201 With Offices Serving the Western United States Property Owner EnvironmentalProperty Owner Environmental Questionnaire - South Cherry Avenue PHASE I ENVIRONMENTAL SITE ASSESSMENT PROPERTY OWNER INTERVIEW QUESTIONNAIRE Date: December 22, 2022 Krazan Project Manager: Bill Vick Project No: 014-22174 Project Name: Fresno Crown Truck Project Site Address: 3200 Block of South Cherry Avenue, Fresno, California 93706; APN 329-100-52 Interview With: Telephone No: Fax No: Knowledge of Previous Owner(s) and Phone Number? How are you associated with the subject property? Property Owner / Property Owner’s Representative How long have you been associated with the subject property? What is the subject property currently used for? Are there structures on the subject property? How Many? Do you know of any previous structures on the subject property? Do you have knowledge of the presence of underground storage tanks being located on the subject property either historically or currently? Do you have knowledge of the presence of aboveground storage tanks being located on the subject property either historically or currently? Do you have knowledge of the presence of imported soil on the subject property? If so, please indicate the origin/location of the imported soil. Do you know of any chemicals, hazardous materials, and/or environmentally persistent pesticides/herbicides being used, stored or discharged on the subject property? Do you know of any buried materials such as garbage dumps or burn pits located on the subject property? Do you know of any septic systems located on the subject property (current or historical)? Yes No If yes, how many currently?________ If yes, how many historically?__________ Do you know of any water wells located on the subject property (current or historical)? Yes No If yes, how many currently?_______ If yes, how many historically?__________ Do you know of any dry wells located on the subject property (current or historical)? Yes No Page No. 2 of 3 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States Do you know of any environmental monitoring wells located on the subject property (current or historical)? Yes No Do you know of any drainage or disposal ponds located on the subject property? Is the subject property connected to municipal water and sewer systems? Do you know of obvious indications pointing to the presence or likely presence of contamination of the subject property? ___________________________________________________________________________________________________ ______________________________________________________________________________________________ Do you have any concerns about adjacent property usage such as gasoline stations, industrial uses, or USTs/ASTs on adjacent properties? Are you aware of any environmental cleanup liens against the subject property that are filed or recorded under federal, tribal, state, or local law? _____________________________________________________________________________ Please list previous commercial and/or industrial (non-residential) tenants/occupants of the subject site/on-site buildings: ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ______________________________________________________ Are you aware of any activity use limitations (AULs) such as engineering controls, land use restrictions, or institutional controls that are in place at the subject property and/or have been filed or recorded in a registry under federal, tribal, state, or local law? ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ _______________________________________________________________ Do you have any specialized knowledge or experience related to the subject property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the subject property or an adjacent property so that you would have specialized knowledge of the chemicals and processes used by this type of business? ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ _______________________________________________________________ Does the purchase price being paid for the subject property reasonably reflect the fair market value of the subject property? Yes No Do you know the past uses of the subject property? If so, briefly explain. ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________ Do you have knowledge of the current or historical presence of vehicle repair-related features (i.e., sumps, oil/water clarifiers, subsurface hydraulic vehicle hoists, etc.)? If so, briefly explain. ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________ Do you know of specific chemicals that are present or once were present at the subject property? If so, briefly explain. ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________ Page No. 3 of 3 KRAZAN & ASSOCIATES, INC. With Offices Serving the Western United States Do you know of spills or other chemical releases that have taken place at the subject property? If so, briefly explain. ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________ Are you aware of, or have you been notified of, any contamination issues to soil or groundwater either at the subject site or in the vicinity of the subject site? If so, briefly explain. ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________ What is the reason for preparation of this Phase I ESA? (Property purchase/sale; bank loan; proposed development; etc.) ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ________________________________________________________________________ Name: Date: (Please Print) Signature: Phase I ESA User Questionnaire Fresno Crown Truck Project 3200 Block of South Cherry Avenue; APN 329-100-52 Fresno, California 93706 Respondent Information: Name:_______________________________ Company:______________________________ Date:________________________________ Phone:_________________________________ Introduction “In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfield Revitalization Act of 2001 (the ‘Brownfields Amendments’), the user must provide the following information (if available) to the environmental professional. Failure to provide this information could result in a determination that ‘all appropriate inquiry’ is not completed”- American Society for Testing and Materials (ASTM) E1527-05 Appendix X3: User Questionnaire 1. Are you aware of any environmental cleanup liens against the subject site that are filed or recorded under federal, tribal, state, or local law? _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2. Are you aware of any activity use limitations (AULs) such as engineering controls, land use restrictions, or institutional controls that are in place at the subject site and/or have been filed or recorded in a registry under federal, tribal, state, or local law? _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. As the user of the Phase I Environmental Site Assessment (ESA), do you have any specialized knowledge or experience related to the subject site or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the subject site or an adjacent property so that you would have specialized knowledge of the chemicals and processes used by this type of business? _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 4. Does the purchase price being paid for the subject site reasonably reflect the fair market value of the subject site? Yes No A. If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the subject site? ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Emily Bowen Crawford & Bowen Planning, Inc. 12/22/2022 559-840-4414 No. No. No. 5. Are you aware of commonly known or reasonably ascertainable information about the subject site that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example: A. Do you know the past uses of the subject site? If so, briefly explain. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ B. Do you know of specific chemicals that are present or once were present at the subject site? If so, briefly explain. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ C. Do you know of spills or other chemical releases that have taken place at the subject site? If so, briefly explain. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ D. Do you know of any environmental cleanups that have taken place at the subject site? If so, briefly explain. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 6. As the user of the Phase I ESA, based on your knowledge and experience related to the subject site, are there any obvious indicators that point to the presence or likely presence of contamination at the subject site? _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 7. What is the reason for preparation of this Phase I ESA? (Property purchase/sale; bank loan; proposed development; etc.) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ I, the user of this Phase I ESA (or authorized representative of the User), do hereby attest that I have carefully considered the questions herein and have presented answers to the best of my knowledge and ability based upon the Responsibilities of the User as required within ASTM E1527-05 guidance. Name______________________________________ Date_______________________________ (Please Print) Signature___________________________________ No. No. No. No. No. Preparation of an environmental document pursuant to CEQA. Emily Bowen 12/22/2022 FORM-LBC-KKT ®kcehCoeG htiw tropeR ™paM suidaR RDE ehT 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com Fresno Crown Truck Project South Cherry Avenue Fresno, CA 93706 Inquiry Number: 7210538.2s December 22, 2022 TABLE OF CONTENTS SECTION PAGE Executive Summary ES1 Overview Map 2 Detail Map 3 Map Findings Summary 4 Map Findings 9 Orphan Summary 51 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting SSURGO Soil Map A-5 Physical Setting Source Map A-12 Physical Setting Source Map Findings A-14 Physical Setting Source Records Searched PSGR-1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, LLC. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. This Report is provided on an "AS IS", "AS AVAILABLE" basis. NO WARRANTY EXPRESS OR IMPLIED IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, LLC AND ITS SUBSIDIARIES, AFFILIATES AND THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THIS REPORT OR ANY OF THE DATA AND INFORMATION PROVIDED IN THIS REPORT, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION, OR OTHERWISE. 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Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, LLC, or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, LLC or its affiliates. All other trademarks used herein are the property of their respective owners. TC7210538.2s Page 1 EXECUTIVE SUMMARY TC7210538.2s EXECUTIVE SUMMARY 1 A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA’s Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E1527-21), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS SOUTH CHERRY AVENUE FRESNO, CA 93706 COORDINATES 36.6877610 - 36ˆ 41’ 15.93’’Latitude (North): 119.7837840 - 119ˆ 47’ 1.62’’Longitude (West): Zone 11Universal Tranverse Mercator: 251266.5UTM X (Meters): 4063645.0UTM Y (Meters): 280 ft. above sea levelElevation: USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY 12012169 FRESNO SOUTH, CATarget Property Map: 2018Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 20140619, 20140618Portions of Photo from: USDASource: 7210538.2s Page 2 18 CHEVRON CHEMICAL COM 2882 EAST ANNADALE A ENVIROSTOR, Notify 65 Higher 4224, 0.800, NNE C17 COMMERCIAL ELECTROPL 2940 SOUTH ELM AVENU RESPONSE, ENVIROSTOR, CA BOND EXP. PLAN, Cortese Lower 2812, 0.533, NW C16 COMMERCIAL ELECTROPL 2940 SOUTH ELM AVENU HIST Cal-Sites Lower 2812, 0.533, NW 15 WESTERN METAL CO 2910 S CHERRY AVE SWRCY, HAULERS, CERS HAZ WASTE, CUPA Listings,... Higher 2482, 0.470, North 14 FAGUNDES DAIRY 3650 S CHERRY AVE SWF/LF Higher 2296, 0.435, SSE 13 NORTH AND ELM EXCAVA CORNER OF NORTH AND CPS-SLIC Lower 2049, 0.388, NW 12 GLEIM-CROWN PUMPS 3087 ELM LUST, Cortese, HIST CORTESE, CERS Lower 1784, 0.338, WNW 11 GRANETT INVESTMENT T 3014 CHERRY CUPA Listings Higher 1173, 0.222, NNE 10 DOLE DRIED FRUIT & N 568 MUSCAT E LUST, HIST CORTESE Higher 1009, 0.191, SE B9 VALLEY IRON 3114 S CHERRY CERS HAZ WASTE, CUPA Listings, CERS Higher 849, 0.161, NNE B8 VALLEY IRON INC 3114 S CHERRY AVE RCRA NonGen / NLR Higher 849, 0.161, NNE 7 CARLOS MARTINEZ 3389 S CHERRY AVE CUPA Listings Higher 493, 0.093, SSE A6 JONAH BROWN DBA PERF 3195 S CHERRY AVE RCRA NonGen / NLR Higher 225, 0.043, NE A5 SHE SUPERIOR SYNTHET 3195 S CHERRY AVE RCRA NonGen / NLR Higher 225, 0.043, NE A4 VAUGHN RESIDENCE 3195 S CHERRY CUPA Listings Higher 225, 0.043, NE A3 SHE SUPERIOR SYNTHET 3195 S CHERRY AVE RCRA NonGen / NLR Higher 225, 0.043, NE 2 AKAL ROAD SIDE SERVI 3216 S CHERRY CUPA Listings Higher 59, 0.011, ENE 1 CECIL HARDY 3264 S CHERRY AVE CUPA Listings Higher 49, 0.009, East MAPPED SITES SUMMARY Target Property Address: SOUTH CHERRY AVENUE FRESNO, CA 93706 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID DATABASE ACRONYMS ELEVATION DIRECTIONSITE NAME ADDRESS EXECUTIVE SUMMARY TC7210538.2s EXECUTIVE SUMMARY 3 TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR’s search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Lists of Federal NPL (Superfund) sites NPL National Priority List Proposed NPL Proposed National Priority List Sites NPL LIENS Federal Superfund Liens Lists of Federal Delisted NPL sites Delisted NPL National Priority List Deletions Lists of Federal sites subject to CERCLA removals and CERCLA orders FEDERAL FACILITY Federal Facility Site Information listing SEMS Superfund Enterprise Management System Lists of Federal CERCLA sites with NFRAP SEMS-ARCHIVE Superfund Enterprise Management System Archive Lists of Federal RCRA facilities undergoing Corrective Action CORRACTS Corrective Action Report Lists of Federal RCRA TSD facilities RCRA-TSDF RCRA - Treatment, Storage and Disposal Lists of Federal RCRA generators RCRA-LQG RCRA - Large Quantity Generators RCRA-SQG RCRA - Small Quantity Generators RCRA-VSQG RCRA - Very Small Quantity Generators (Formerly Conditionally Exempt Small Quantity Generators) Federal institutional controls / engineering controls registries LUCIS Land Use Control Information System EXECUTIVE SUMMARY TC7210538.2s EXECUTIVE SUMMARY 4 US ENG CONTROLS Engineering Controls Sites List US INST CONTROLS Institutional Controls Sites List Federal ERNS list ERNS Emergency Response Notification System Lists of state and tribal leaking storage tanks INDIAN LUST Leaking Underground Storage Tanks on Indian Land Lists of state and tribal registered storage tanks FEMA UST Underground Storage Tank Listing UST Active UST Facilities AST Aboveground Petroleum Storage Tank Facilities INDIAN UST Underground Storage Tanks on Indian Land Lists of state and tribal voluntary cleanup sites VCP Voluntary Cleanup Program Properties INDIAN VCP Voluntary Cleanup Priority Listing Lists of state and tribal brownfield sites BROWNFIELDS Considered Brownfieds Sites Listing ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites WMUDS/SWAT Waste Management Unit Database HAULERS Registered Waste Tire Haulers Listing INDIAN ODI Report on the Status of Open Dumps on Indian Lands DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations ODI Open Dump Inventory IHS OPEN DUMPS Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL Delisted National Clandestine Laboratory Register SCH School Property Evaluation Program CDL Clandestine Drug Labs Toxic Pits Toxic Pits Cleanup Act Sites US CDL National Clandestine Laboratory Register Local Lists of Registered Storage Tanks SWEEPS UST SWEEPS UST Listing HIST UST Hazardous Substance Storage Container Database EXECUTIVE SUMMARY TC7210538.2s EXECUTIVE SUMMARY 5 CERS TANKS California Environmental Reporting System (CERS) Tanks CA FID UST Facility Inventory Database Local Land Records LIENS Environmental Liens Listing LIENS 2 CERCLA Lien Information DEED Deed Restriction Listing Records of Emergency Release Reports HMIRS Hazardous Materials Information Reporting System CHMIRS California Hazardous Material Incident Report System LDS Land Disposal Sites Listing MCS Military Cleanup Sites Listing SPILLS 90 SPILLS 90 data from FirstSearch Other Ascertainable Records FUDS Formerly Used Defense Sites DOD Department of Defense Sites SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing US FIN ASSUR Financial Assurance Information EPA WATCH LIST EPA WATCH LIST 2020 COR ACTION 2020 Corrective Action Program List TSCA Toxic Substances Control Act TRIS Toxic Chemical Release Inventory System SSTS Section 7 Tracking Systems ROD Records Of Decision RMP Risk Management Plans RAATS RCRA Administrative Action Tracking System PRP Potentially Responsible Parties PADS PCB Activity Database System ICIS Integrated Compliance Information System FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS Material Licensing Tracking System COAL ASH DOE Steam-Electric Plant Operation Data COAL ASH EPA Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER PCB Transformer Registration Database RADINFO Radiation Information Database HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS Incident and Accident Data CONSENT Superfund (CERCLA) Consent Decrees INDIAN RESERV Indian Reservations FUSRAP Formerly Utilized Sites Remedial Action Program UMTRA Uranium Mill Tailings Sites LEAD SMELTERS Lead Smelter Sites US AIRS Aerometric Information Retrieval System Facility Subsystem US MINES Mines Master Index File ABANDONED MINES Abandoned Mines FINDS Facility Index System/Facility Registry System DOCKET HWC Hazardous Waste Compliance Docket Listing ECHO Enforcement & Compliance History Information UXO Unexploded Ordnance Sites EXECUTIVE SUMMARY TC7210538.2s EXECUTIVE SUMMARY 6 FUELS PROGRAM EPA Fuels Program Registered Listing PFAS NPL Superfund Sites with PFAS Detections Information PFAS FEDERAL SITES Federal Sites PFAS Information PFAS TSCA PFAS Manufacture and Imports Information PFAS RCRA MANIFEST PFAS Transfers Identified In the RCRA Database Listing PFAS ATSDR PFAS Contamination Site Location Listing PFAS WQP Ambient Environmental Sampling for PFAS PFAS NPDES Clean Water Act Discharge Monitoring Information PFAS ECHO Facilities in Industries that May Be Handling PFAS Listing PFAS ECHO FIRE TRAINING Facilities in Industries that May Be Handling PFAS Listing PFAS PART 139 AIRPORT All Certified Part 139 Airports PFAS Information Listing AQUEOUS FOAM NRC Aqueous Foam Related Incidents Listing PFAS PFAS Contamination Site Location Listing AQUEOUS FOAM Former Fire Training Facility Assessments Listing DRYCLEANERS Cleaner Facilities EMI Emissions Inventory Data ENF Enforcement Action Listing Financial Assurance Financial Assurance Information Listing ICE ICE HWP EnviroStor Permitted Facilities Listing HWT Registered Hazardous Waste Transporter Database HAZNET Facility and Manifest Data MINES Mines Site Location Listing MWMP Medical Waste Management Program Listing NPDES NPDES Permits Listing PEST LIC Pesticide Regulation Licenses Listing PROC Certified Processors Database UIC UIC Listing UIC GEO UIC GEO (GEOTRACKER) WASTEWATER PITS Oil Wastewater Pits Listing WDS Waste Discharge System WIP Well Investigation Program Case List MILITARY PRIV SITES MILITARY PRIV SITES (GEOTRACKER) PROJECT PROJECT (GEOTRACKER) WDR Waste Discharge Requirements Listing CIWQS California Integrated Water Quality System CERS CERS NON-CASE INFO NON-CASE INFO (GEOTRACKER) OTHER OIL GAS OTHER OIL & GAS (GEOTRACKER) PROD WATER PONDS PROD WATER PONDS (GEOTRACKER) SAMPLING POINT SAMPLING POINT (GEOTRACKER) WELL STIM PROJ Well Stimulation Project (GEOTRACKER) MINES MRDS Mineral Resources Data System HWTS Hazardous Waste Tracking System EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP EDR Proprietary Manufactured Gas Plants EDR Hist Auto EDR Exclusive Historical Auto Stations EDR Hist Cleaner EDR Exclusive Historical Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA LF Recovered Government Archive Solid Waste Facilities List EXECUTIVE SUMMARY TC7210538.2s EXECUTIVE SUMMARY 7 RGA LUST Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were identified in the following databases. Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property. Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in bold italics are in multiple databases. Unmappable (orphan) sites are not considered in the foregoing analysis. STANDARD ENVIRONMENTAL RECORDS Lists of state- and tribal (Superfund) equivalent sites RESPONSE: Identifies confirmed release sites where DTSC is involved in remediation, either in a lead or oversight capacity. These confirmed release sites are generally high-priority and high potential risk. A review of the RESPONSE list, as provided by EDR, has revealed that there is 1 RESPONSE site within approximately 1 mile of the target property. PageMap IDDirection / Distance Address Lower Elevation ____________________ ________ ___________________ _____ _____ COMMERCIAL ELECTROPL 2940 SOUTH ELM AVENU NW 1/2 - 1 (0.533 mi.) C17 38 Database: RESPONSE, Date of Government Version: 07/25/2022 Status: Active Facility Id: 10340074 Lists of state- and tribal hazardous waste facilities ENVIROSTOR: The Department of Toxic Substances Control’s (DTSC’s) Site Mitigation and Brownfields Reuse Program’s (SMBRP’s) EnviroStor database identifes sites that have known contamination or sites for which there may be reasons to investigate further. The database includes the following site types: Federal Superfund sites (National Priorities List (NPL)); State Response, including Military Facilities and State Superfund; Voluntary Cleanup; and School sites. EnviroStor provides similar information to the information that was available in CalSites, and provides additional site information, including, but not limited to, identification of formerly-contaminated properties that have been released for reuse, properties where environmental deed restrictions have been recorded to prevent inappropriate land uses, and risk characterization information that is used to assess potential impacts to public health and the environment at contaminated sites. A review of the ENVIROSTOR list, as provided by EDR, and dated 07/25/2022 has revealed that there are 2 ENVIROSTOR sites within approximately 1 mile of the target property. PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____ CHEVRON CHEMICAL COM 2882 EAST ANNADALE A NNE 1/2 - 1 (0.800 mi.) 18 48 EXECUTIVE SUMMARY TC7210538.2s EXECUTIVE SUMMARY 8 Facility Id: 10280175 Status: Refer: RWQCB PageMap IDDirection / Distance Address Lower Elevation ____________________ ________ ___________________ _____ _____ COMMERCIAL ELECTROPL 2940 SOUTH ELM AVENU NW 1/2 - 1 (0.533 mi.) C17 38 Facility Id: 10340074 Status: Active Lists of state and tribal landfills and solid waste disposal facilities SWF/LF: The Solid Waste Facilities/Landfill Sites records typically contain an inventory of solid waste disposal facilities or landfills in a particular state. The data come from the Integrated Waste Management Board’s Solid Waste Information System (SWIS) database. A review of the SWF/LF list, as provided by EDR, has revealed that there is 1 SWF/LF site within approximately 0.5 miles of the target property. PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____ FAGUNDES DAIRY 3650 S CHERRY AVE SSE 1/4 - 1/2 (0.435 mi.) 14 26 Database: SWF/LF (SWIS), Date of Government Version: 08/08/2022 Facility ID: 10-CR-0074 Operational Status: Closed Regulation Status: TBD (Pending Investigation) Lists of state and tribal leaking storage tanks LUST: Leaking Underground Storage Tank (LUST) Sites included in GeoTracker. GeoTracker is the Water Boards data management system for sites that impact, or have the potential to impact, water quality in California, with emphasis on groundwater. A review of the LUST list, as provided by EDR, has revealed that there are 2 LUST sites within approximately 0.5 miles of the target property. PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____ DOLE DRIED FRUIT & N 568 MUSCAT E SE 1/8 - 1/4 (0.191 mi.) 10 23 Database: LUST REG 5, Date of Government Version: 07/01/2008 Status: Pollution Characterization PageMap IDDirection / Distance Address Lower Elevation ____________________ ________ ___________________ _____ _____ GLEIM-CROWN PUMPS 3087 ELM WNW 1/4 - 1/2 (0.338 mi.) 12 23 Database: LUST REG 5, Date of Government Version: 07/01/2008 Database: LUST, Date of Government Version: 08/31/2022 Status: Completed - Case Closed Status: Case Closed Global Id: T0601900347 EXECUTIVE SUMMARY TC7210538.2s EXECUTIVE SUMMARY 9 CPS-SLIC: Cleanup Program Sites (CPS; also known as Site Cleanups [SC] and formerly known as Spills, Leaks, Investigations, and Cleanups [SLIC] sites) included in GeoTracker. GeoTracker is the Water Boards data management system for sites that impact, or have the potential to impact, water quality in California, with emphasis on groundwater. A review of the CPS-SLIC list, as provided by EDR, has revealed that there is 1 CPS-SLIC site within approximately 0.5 miles of the target property. PageMap IDDirection / Distance Address Lower Elevation ____________________ ________ ___________________ _____ _____ NORTH AND ELM EXCAVA CORNER OF NORTH AND NW 1/4 - 1/2 (0.388 mi.) 13 26 Database: CPS-SLIC, Date of Government Version: 08/31/2022 Facility Status: Completed - Case Closed Global Id: SL0601990145 ADDITIONAL ENVIRONMENTAL RECORDS Local Lists of Landfill / Solid Waste Disposal Sites SWRCY: A listing of recycling facilities in California. A review of the SWRCY list, as provided by EDR, and dated 08/31/2022 has revealed that there is 1 SWRCY site within approximately 0.5 miles of the target property. PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____ WESTERN METAL CO 2910 S CHERRY AVE N 1/4 - 1/2 (0.470 mi.) 15 27 Cert Id: RC3180 Local Lists of Hazardous waste / Contaminated Sites HIST Cal-Sites: Formerly known as ASPIS, this database contains both known and potential hazardous substance sites. The source is the California Department of Toxic Substance Control. No longer updated by the state agency. It has been replaced by ENVIROSTOR. A review of the HIST Cal-Sites list, as provided by EDR, and dated 08/08/2005 has revealed that there is 1 HIST Cal-Sites site within approximately 1 mile of the target property. PageMap IDDirection / Distance Address Lower Elevation ____________________ ________ ___________________ _____ _____ COMMERCIAL ELECTROPL 2940 SOUTH ELM AVENU NW 1/2 - 1 (0.533 mi.) C16 33 CERS HAZ WASTE: List of sites in the California Environmental Protection Agency (CalEPA) Regulated Site Portal which fall under the Hazardous Chemical Management, Hazardous Waste Onsite Treatment, Household Hazardous Waste Collection, Hazardous Waste Generator, and RCRA LQ HW Generator programs. A review of the CERS HAZ WASTE list, as provided by EDR, and dated 07/18/2022 has revealed that there is 1 CERS HAZ WASTE site within approximately 0.25 miles of the target property. PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____ VALLEY IRON 3114 S CHERRY NNE 1/8 - 1/4 (0.161 mi.) B9 20 EXECUTIVE SUMMARY TC7210538.2s EXECUTIVE SUMMARY 10 Other Ascertainable Records RCRA NonGen / NLR: RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Non-Generators do not presently generate hazardous waste. A review of the RCRA NonGen / NLR list, as provided by EDR, and dated 11/21/2022 has revealed that there are 4 RCRA NonGen / NLR sites within approximately 0.25 miles of the target property. PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____ SHE SUPERIOR SYNTHET 3195 S CHERRY AVE NE 0 - 1/8 (0.043 mi.) A3 9 EPA ID:: CAL000447891 SHE SUPERIOR SYNTHET 3195 S CHERRY AVE NE 0 - 1/8 (0.043 mi.) A5 12 EPA ID:: CAL000447893 JONAH BROWN DBA PERF 3195 S CHERRY AVE NE 0 - 1/8 (0.043 mi.) A6 15 EPA ID:: CAL000421013 VALLEY IRON INC 3114 S CHERRY AVE NNE 1/8 - 1/4 (0.161 mi.) B8 17 EPA ID:: CAL000304424 CA BOND EXP. PLAN: Department of Health Services developed a site-specific expenditure plan as the basis for an appropriation of Hazardous Substance Cleanup Bond Act funds. It is not updated. A review of the CA BOND EXP. PLAN list, as provided by EDR, and dated 01/01/1989 has revealed that there is 1 CA BOND EXP. PLAN site within approximately 1 mile of the target property. PageMap IDDirection / Distance Address Lower Elevation ____________________ ________ ___________________ _____ _____ COMMERCIAL ELECTROPL 2940 SOUTH ELM AVENU NW 1/2 - 1 (0.533 mi.) C17 38 Cortese: The sites for the list are designated by the State Water Resource Control Board (LUST), the Integrated Waste Board (SWF/LS), and the Department of Toxic Substances Control (Cal-Sites). A review of the Cortese list, as provided by EDR, and dated 09/19/2022 has revealed that there is 1 Cortese site within approximately 0.5 miles of the target property. PageMap IDDirection / Distance Address Lower Elevation ____________________ ________ ___________________ _____ _____ GLEIM-CROWN PUMPS 3087 ELM WNW 1/4 - 1/2 (0.338 mi.) 12 23 Cleanup Status: COMPLETED - CASE CLOSED CUPA Listings: A listing of sites included in the county’s Certified Unified Program Agency database. California’s Secretary for Environmental Protection established the unified hazardous materials and hazardous waste regulatory program as required by chapter 6.11 of the California Health and Safety Code. The Unified Program consolidates the administration, permits, inspections, and enforcement activities. A review of the CUPA Listings list, as provided by EDR, has revealed that there are 6 CUPA Listings sites within approximately 0.25 miles of the target property. EXECUTIVE SUMMARY TC7210538.2s EXECUTIVE SUMMARY 11 PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____ CECIL HARDY 3264 S CHERRY AVE E 0 - 1/8 (0.009 mi.) 1 9 Database: CUPA FRESNO, Date of Government Version: 06/28/2021 Facility Id: FA0283963 AKAL ROAD SIDE SERVI 3216 S CHERRY ENE 0 - 1/8 (0.011 mi.) 2 9 Database: CUPA FRESNO, Date of Government Version: 06/28/2021 Facility Id: FA0281386 VAUGHN RESIDENCE 3195 S CHERRY NE 0 - 1/8 (0.043 mi.) A4 12 Database: CUPA FRESNO, Date of Government Version: 06/28/2021 Facility Id: FA0272908 CARLOS MARTINEZ 3389 S CHERRY AVE SSE 0 - 1/8 (0.093 mi.) 7 17 Database: CUPA FRESNO, Date of Government Version: 06/28/2021 Facility Id: FA0278288 VALLEY IRON 3114 S CHERRY NNE 1/8 - 1/4 (0.161 mi.) B9 20 Database: CUPA FRESNO, Date of Government Version: 06/28/2021 Facility Id: FA0278333 GRANETT INVESTMENT T 3014 CHERRY NNE 1/8 - 1/4 (0.222 mi.) 11 23 Database: CUPA FRESNO, Date of Government Version: 06/28/2021 Facility Id: FA0275273 HIST CORTESE: The sites for the list are designated by the State Water Resource Control Board [LUST], the Integrated Waste Board [SWF/LS], and the Department of Toxic Substances Control [CALSITES]. This listing is no longer updated by the state agency. A review of the HIST CORTESE list, as provided by EDR, and dated 04/01/2001 has revealed that there are 2 HIST CORTESE sites within approximately 0.5 miles of the target property. PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____ DOLE DRIED FRUIT & N 568 MUSCAT E SE 1/8 - 1/4 (0.191 mi.) 10 23 Reg Id: 5T10000597 PageMap IDDirection / Distance Address Lower Elevation ____________________ ________ ___________________ _____ _____ GLEIM-CROWN PUMPS 3087 ELM WNW 1/4 - 1/2 (0.338 mi.) 12 23 Reg Id: 5T10000354 Notify 65: Listings of all Proposition 65 incidents reported to counties by the State Water Resources Control Board and the Regional Water Quality Control Board. This database is no longer updated by the reporting agency. A review of the Notify 65 list, as provided by EDR, and dated 09/07/2022 has revealed that there is 1 Notify 65 site within approximately 1 mile of the target property. PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____ CHEVRON CHEMICAL COM 2882 EAST ANNADALE A NNE 1/2 - 1 (0.800 mi.) 18 48 EXECUTIVE SUMMARY TC7210538.2s EXECUTIVE SUMMARY 12 There were no unmapped sites in this report. MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Lists of Federal NPL (Superfund) sites 0 NR 0 0 0 0 1.000NPL 0 NR 0 0 0 0 1.000Proposed NPL 0 NR 0 0 0 0 1.000NPL LIENS Lists of Federal Delisted NPL sites 0 NR 0 0 0 0 1.000Delisted NPL Lists of Federal sites subject to CERCLA removals and CERCLA orders 0 NR NR 0 0 0 0.500FEDERAL FACILITY 0 NR NR 0 0 0 0.500SEMS Lists of Federal CERCLA sites with NFRAP 0 NR NR 0 0 0 0.500SEMS-ARCHIVE Lists of Federal RCRA facilities undergoing Corrective Action 0 NR 0 0 0 0 1.000CORRACTS Lists of Federal RCRA TSD facilities 0 NR NR 0 0 0 0.500RCRA-TSDF Lists of Federal RCRA generators 0 NR NR NR 0 0 0.250RCRA-LQG 0 NR NR NR 0 0 0.250RCRA-SQG 0 NR NR NR 0 0 0.250RCRA-VSQG Federal institutional controls / engineering controls registries 0 NR NR 0 0 0 0.500LUCIS 0 NR NR 0 0 0 0.500US ENG CONTROLS 0 NR NR 0 0 0 0.500US INST CONTROLS Federal ERNS list 0 NR NR NR NR 0 0.001ERNS Lists of state- and tribal (Superfund) equivalent sites 1 NR 1 0 0 0 1.000RESPONSE Lists of state- and tribal hazardous waste facilities 2 NR 2 0 0 0 1.000ENVIROSTOR Lists of state and tribal landfills and solid waste disposal facilities 1 NR NR 1 0 0 0.500SWF/LF TC7210538.2s Page 4 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted Lists of state and tribal leaking storage tanks 2 NR NR 1 1 0 0.500LUST 0 NR NR 0 0 0 0.500INDIAN LUST 1 NR NR 1 0 0 0.500CPS-SLIC Lists of state and tribal registered storage tanks 0 NR NR NR 0 0 0.250FEMA UST 0 NR NR NR 0 0 0.250UST 0 NR NR NR 0 0 0.250AST 0 NR NR NR 0 0 0.250INDIAN UST Lists of state and tribal voluntary cleanup sites 0 NR NR 0 0 0 0.500VCP 0 NR NR 0 0 0 0.500INDIAN VCP Lists of state and tribal brownfield sites 0 NR NR 0 0 0 0.500BROWNFIELDS ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists 0 NR NR 0 0 0 0.500US BROWNFIELDS Local Lists of Landfill / Solid Waste Disposal Sites 0 NR NR 0 0 0 0.500WMUDS/SWAT 1 NR NR 1 0 0 0.500SWRCY 0 NR NR NR NR 0 0.001HAULERS 0 NR NR 0 0 0 0.500INDIAN ODI 0 NR NR 0 0 0 0.500DEBRIS REGION 9 0 NR NR 0 0 0 0.500ODI 0 NR NR 0 0 0 0.500IHS OPEN DUMPS Local Lists of Hazardous waste / Contaminated Sites 0 NR NR NR NR 0 0.001US HIST CDL 1 NR 1 0 0 0 1.000HIST Cal-Sites 0 NR NR NR 0 0 0.250SCH 0 NR NR NR NR 0 0.001CDL 0 NR 0 0 0 0 1.000Toxic Pits 1 NR NR NR 1 0 0.250CERS HAZ WASTE 0 NR NR NR NR 0 0.001US CDL Local Lists of Registered Storage Tanks 0 NR NR NR 0 0 0.250SWEEPS UST 0 NR NR NR 0 0 0.250HIST UST 0 NR NR NR 0 0 0.250CERS TANKS 0 NR NR NR 0 0 0.250CA FID UST Local Land Records 0 NR NR NR NR 0 0.001LIENS TC7210538.2s Page 5 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR NR NR 0 0.001LIENS 2 0 NR NR 0 0 0 0.500DEED Records of Emergency Release Reports 0 NR NR NR NR 0 0.001HMIRS 0 NR NR NR NR 0 0.001CHMIRS 0 NR NR NR NR 0 0.001LDS 0 NR NR NR NR 0 0.001MCS 0 NR NR NR NR 0 0.001SPILLS 90 Other Ascertainable Records 4 NR NR NR 1 3 0.250RCRA NonGen / NLR 0 NR 0 0 0 0 1.000FUDS 0 NR 0 0 0 0 1.000DOD 0 NR NR 0 0 0 0.500SCRD DRYCLEANERS 0 NR NR NR NR 0 0.001US FIN ASSUR 0 NR NR NR NR 0 0.001EPA WATCH LIST 0 NR NR NR 0 0 0.2502020 COR ACTION 0 NR NR NR NR 0 0.001TSCA 0 NR NR NR NR 0 0.001TRIS 0 NR NR NR NR 0 0.001SSTS 0 NR 0 0 0 0 1.000ROD 0 NR NR NR NR 0 0.001RMP 0 NR NR NR NR 0 0.001RAATS 0 NR NR NR NR 0 0.001PRP 0 NR NR NR NR 0 0.001PADS 0 NR NR NR NR 0 0.001ICIS 0 NR NR NR NR 0 0.001FTTS 0 NR NR NR NR 0 0.001MLTS 0 NR NR NR NR 0 0.001COAL ASH DOE 0 NR NR 0 0 0 0.500COAL ASH EPA 0 NR NR NR NR 0 0.001PCB TRANSFORMER 0 NR NR NR NR 0 0.001RADINFO 0 NR NR NR NR 0 0.001HIST FTTS 0 NR NR NR NR 0 0.001DOT OPS 0 NR 0 0 0 0 1.000CONSENT 0 NR 0 0 0 0 1.000INDIAN RESERV 0 NR 0 0 0 0 1.000FUSRAP 0 NR NR 0 0 0 0.500UMTRA 0 NR NR NR NR 0 0.001LEAD SMELTERS 0 NR NR NR NR 0 0.001US AIRS 0 NR NR NR 0 0 0.250US MINES 0 NR NR NR 0 0 0.250ABANDONED MINES 0 NR NR NR NR 0 0.001FINDS 0 NR NR NR NR 0 0.001DOCKET HWC 0 NR NR NR NR 0 0.001ECHO 0 NR 0 0 0 0 1.000UXO 0 NR NR NR 0 0 0.250FUELS PROGRAM 0 NR NR NR 0 0 0.250PFAS NPL 0 NR NR NR 0 0 0.250PFAS FEDERAL SITES 0 NR NR NR 0 0 0.250PFAS TSCA TC7210538.2s Page 6 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR NR 0 0 0.250PFAS RCRA MANIFEST 0 NR NR NR 0 0 0.250PFAS ATSDR 0 NR NR NR 0 0 0.250PFAS WQP 0 NR NR NR 0 0 0.250PFAS NPDES 0 NR NR NR 0 0 0.250PFAS ECHO 0 NR NR NR 0 0 0.250PFAS ECHO FIRE TRAINING 0 NR NR NR 0 0 0.250PFAS PART 139 AIRPORT 0 NR NR NR 0 0 0.250AQUEOUS FOAM NRC 0 NR NR NR 0 0 0.250PFAS 0 NR NR NR NR NR TPAQUEOUS FOAM 1 NR 1 0 0 0 1.000CA BOND EXP. PLAN 1 NR NR 1 0 0 0.500Cortese 6 NR NR NR 2 4 0.250CUPA Listings 0 NR NR NR 0 0 0.250DRYCLEANERS 0 NR NR NR NR 0 0.001EMI 0 NR NR NR NR 0 0.001ENF 0 NR NR NR NR 0 0.001Financial Assurance 0 NR NR NR NR 0 0.001ICE 2 NR NR 1 1 0 0.500HIST CORTESE 0 NR 0 0 0 0 1.000HWP 0 NR NR NR 0 0 0.250HWT 0 NR NR NR NR 0 0.001HAZNET 0 NR NR NR 0 0 0.250MINES 0 NR NR NR 0 0 0.250MWMP 0 NR NR NR NR 0 0.001NPDES 0 NR NR NR NR 0 0.001PEST LIC 0 NR NR 0 0 0 0.500PROC 1 NR 1 0 0 0 1.000Notify 65 0 NR NR NR NR 0 0.001UIC 0 NR NR NR NR 0 0.001UIC GEO 0 NR NR 0 0 0 0.500WASTEWATER PITS 0 NR NR NR NR 0 0.001WDS 0 NR NR NR 0 0 0.250WIP 0 NR NR NR NR 0 0.001MILITARY PRIV SITES 0 NR NR NR NR 0 0.001PROJECT 0 NR NR NR NR 0 0.001WDR 0 NR NR NR NR 0 0.001CIWQS 0 NR NR NR NR 0 0.001CERS 0 NR NR NR NR 0 0.001NON-CASE INFO 0 NR NR NR NR 0 0.001OTHER OIL GAS 0 NR NR NR NR 0 0.001PROD WATER PONDS 0 NR NR NR NR 0 0.001SAMPLING POINT 0 NR NR NR NR 0 0.001WELL STIM PROJ 0 NR NR NR NR 0 0.001MINES MRDS 0 NR NR NR NR NR TPHWTS EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records 0 NR 0 0 0 0 1.000EDR MGP TC7210538.2s Page 7 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR NR NR 0 0.125EDR Hist Auto 0 NR NR NR NR 0 0.125EDR Hist Cleaner EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives 0 NR NR NR NR 0 0.001RGA LF 0 NR NR NR NR 0 0.001RGA LUST 25 0 6 6 6 7 0- Totals -- NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC7210538.2s Page 8 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation UST REMOVAL/CLOSURE W/1 TANKProgram Element: 32911007APM Number: FA0283963Facility ID: NORTHCross Street: FRESNORegion: FRESNO, CA 93706City,State,Zip: 3264 S CHERRY AVEAddress: CECIL HARDYName: CUPA FRESNO: 49 ft. 0.009 mi. Relative: Higher Actual: 280 ft. < 1/8 FRESNO, CA 93706 East 3264 S CHERRY AVE N/A 1 CUPA ListingsCECIL HARDY S117399107 WASTE TIRE FACILITYProgram Element: 32911007APM Number: FA0281386Facility ID: Not reportedCross Street: FRESNORegion: FRESNO, CA 93706City,State,Zip: 3216 S CHERRYAddress: AKAL ROAD SIDE SERVICEName: CUPA FRESNO: 59 ft. 0.011 mi. Relative: Higher Actual: 280 ft. < 1/8 FRESNO, CA 93706 ENE 3216 S CHERRY N/A 2 CUPA ListingsAKAL ROAD SIDE SERVICE S109926703 Not reportedActive Site Indicator: Not reportedAccessibility: Not reportedBiennial Report Cycle: Not reportedNon-Notifier: Not a generator, verifiedFederal Waste Generator Description: Not reportedLand Type: 09EPA Region: Not reportedContact Title: MMOWERY@WDIDADO.COMContact Email: Not reportedContact Fax: 330-801-3732Contact Telephone: FRESNO, CA 93706Contact City,State,Zip: 3195 S CHERRY AVEContact Address: MARK MOWERYContact Name: CAL000447891EPA ID: FRESNO, CA 93706Handler City,State,Zip: 3195 S CHERRY AVEHandler Address: SHE SUPERIOR SYNTHETICS INC FOR JW DIDADO ELECTRIC FRESNOHandler Name: 20190801Date Form Received by Agency: RCRA Listings: 225 ft. Site 1 of 4 in cluster A 0.043 mi. Relative: Higher Actual: 280 ft. < 1/8 FRESNO, CA 93706 NE 3195 S CHERRY AVE CAL000447891 A3 RCRA NonGen / NLRSHE SUPERIOR SYNTHETICS INC FOR JW DIDADO ELECTRIC 1025874759 TC7210538.2s Page 9 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation NoRecognized Trader-Importer: 20190910Handler Date of Last Change: Not reportedFinancial Assurance Required: NoSignificant Non-Complier With a Compliance Schedule Universe: NoAddressed Significant Non-Complier Universe: NoUnaddressed Significant Non-Complier Universe: NoSignificant Non-Complier Universe: Not reportedFull Enforcement Universe: Not reportedOperating TSDF Universe: N/AGroundwater Controls Indicator: N/AHuman Exposure Controls Indicator: NoInstitutional Control Indicator: NoEnvironmental Control Indicator: No NCAPS rankingCorrective Action Priority Ranking: NoTSDFs Only Subject to CA under Discretionary Auth Universe: NoTSDFs Potentially Subject to CA Under 3004 (u)/(v) Universe: NoNon-TSDFs Where RCRA CA has Been Imposed Universe: NoSubject to Corrective Action Universe: NoCorrective Action Workload Universe: No202 GPRA Corrective Action Baseline: Not reportedClosure Workload Universe: Not reportedPost-Closure Workload Universe: Not reportedPermit Progress Universe: Not reportedPermit Workload Universe: Not reportedPermit Renewals Workload Universe: Not on the Baseline2018 GPRA Renewals Baseline: Not on the Baseline2018 GPRA Permit Baseline: Not reportedTreatment Storage and Disposal Type: NoCommercial TSD Indicator: Not reportedSub-Part K Indicator: NHazardous Secondary Material Indicator: Not reportedFederal Facility Indicator: ---Active Site State-Reg Handler: Not reportedActive Site State-Reg Treatment Storage and Disposal Facility: Not reportedActive Site Converter Treatment storage and Disposal Facility: Not reportedActive Site Fed-Reg Treatment Storage and Disposal Facility: NoFederal Universal Waste: NoUniversal Waste Destination Facility: NoUniversal Waste Indicator: NoOff-Site Waste Receipt: NoUnderground Injection Control: NoSmelting Melting and Refining Furnace Exemption: NoSmall Quantity On-Site Burner Exemption: NoRecycler Activity with Storage: NoTransfer Facility Activity: NoTransporter Activity: NoMixed Waste Generator: NoImporter Activity: NoShort-Term Generator Activity: OtherOperator Type: MARK MOWERYOperator Name: OtherOwner Type: SHE SUPERIOR SYNTHETICS INCOwner Name: WEBB CITY, MO 64870Mailing City,State,Zip: 21514 IVY RDMailing Address: Not reportedState District: Not reportedState District Owner: SHE SUPERIOR SYNTHETICS INC FOR JW DIDADO ELECTRIC FRESNO (Continued)1025874759 TC7210538.2s Page 10 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation No Violations FoundViolations: Facility Has Received Notices of Violations: OTHER PERSONAL AND HOUSEHOLD GOODS REPAIR AND MAINTENANCENAICS Description: 811490NAICS Code: List of NAICS Codes and Descriptions: Not reportedElectronic Manifest Broker: Not reportedNon Storage Recycler Activity: YesCurrent Record: NoSpent Lead Acid Battery Exporter: NoSpent Lead Acid Battery Importer: NoRecognized Trader Exporter: NoRecognized Trader Importer: NoLarge Quantity Handler of Universal Waste: Not reportedState District Owner: Not a generator, verifiedFederal Waste Generator Description: SHE SUPERIOR SYNTHETICS INC FOR JW DIDADO ELECTRIC FRESNOHandler Name: 20190801Receive Date: Historic Generators: Not reportedOwner/Operator Email: Not reportedOwner/Operator Fax: Not reportedOwner/Operator Telephone Ext: 330-801-3732Owner/Operator Telephone: FRESNO, CA 93706Owner/Operator City,State,Zip: 3195 S CHERRY AVEOwner/Operator Address: Not reportedDate Ended Current: Not reportedDate Became Current: OtherLegal Status: MARK MOWERYOwner/Operator Name: OperatorOwner/Operator Indicator: Not reportedOwner/Operator Email: Not reportedOwner/Operator Fax: Not reportedOwner/Operator Telephone Ext: 417-850-5155Owner/Operator Telephone: WEBB CITY, MO 64870Owner/Operator City,State,Zip: 21514 IVY RDOwner/Operator Address: Not reportedDate Ended Current: Not reportedDate Became Current: OtherLegal Status: SHE SUPERIOR SYNTHETICS INCOwner/Operator Name: OwnerOwner/Operator Indicator: Handler - Owner Operator: NoSub-Part P Indicator: NoManifest Broker: NoRecycler Activity Without Storage: NoExporter of Spent Lead Acid Batteries: NoImporter of Spent Lead Acid Batteries: NoRecognized Trader-Exporter: SHE SUPERIOR SYNTHETICS INC FOR JW DIDADO ELECTRIC FRESNO (Continued) 1025874759 TC7210538.2s Page 11 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation No Evaluations FoundEvaluations: Evaluation Action Summary: SHE SUPERIOR SYNTHETICS INC FOR JW DIDADO ELECTRIC FRESNO (Continued) 1025874759 UST REMOVAL/CLOSURE W/1 TANKProgram Element: 32908028APM Number: FA0272908Facility ID: Not reportedCross Street: FRESNORegion: FRESNO, CA 93706City,State,Zip: 3195 S CHERRYAddress: VAUGHN RESIDENCEName: CUPA FRESNO: 225 ft. Site 2 of 4 in cluster A 0.043 mi. Relative: Higher Actual: 280 ft. < 1/8 FRESNO, CA 93706 NE 3195 S CHERRY N/A A4 CUPA ListingsVAUGHN RESIDENCE S104868006 NoImporter Activity: NoShort-Term Generator Activity: OtherOperator Type: MARK MOWERYOperator Name: OtherOwner Type: SHE SUPERIOR SYNTHETICS INCOwner Name: WEBB CITY, MO 64870Mailing City,State,Zip: 21514 IVY RDMailing Address: Not reportedState District: Not reportedState District Owner: Not reportedActive Site Indicator: Not reportedAccessibility: Not reportedBiennial Report Cycle: Not reportedNon-Notifier: Not a generator, verifiedFederal Waste Generator Description: Not reportedLand Type: 09EPA Region: Not reportedContact Title: MMOWERY@WDIDADO.COMContact Email: Not reportedContact Fax: 330-801-3732Contact Telephone: FRESNO, CA 93706Contact City,State,Zip: 3195 S CHERRY AVEContact Address: MARK MOWERYContact Name: CAL000447893EPA ID: FRESNO, CA 93706Handler City,State,Zip: 3195 S CHERRY AVEHandler Address: SHE SUPERIOR SYNTHETICS INC FOR JW DIDADO ELECTRIC FRESNOHandler Name: 20190801Date Form Received by Agency: RCRA Listings: 225 ft. Site 3 of 4 in cluster A 0.043 mi. Relative: Higher Actual: 280 ft. < 1/8 FRESNO, CA 93706 NE 3195 S CHERRY AVE CAL000447893 A5 RCRA NonGen / NLRSHE SUPERIOR SYNTHETICS INC FOR JW DIDADO ELECTRIC 1025874761 TC7210538.2s Page 12 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation OwnerOwner/Operator Indicator: Handler - Owner Operator: NoSub-Part P Indicator: NoManifest Broker: NoRecycler Activity Without Storage: NoExporter of Spent Lead Acid Batteries: NoImporter of Spent Lead Acid Batteries: NoRecognized Trader-Exporter: NoRecognized Trader-Importer: 20190910Handler Date of Last Change: Not reportedFinancial Assurance Required: NoSignificant Non-Complier With a Compliance Schedule Universe: NoAddressed Significant Non-Complier Universe: NoUnaddressed Significant Non-Complier Universe: NoSignificant Non-Complier Universe: Not reportedFull Enforcement Universe: Not reportedOperating TSDF Universe: N/AGroundwater Controls Indicator: N/AHuman Exposure Controls Indicator: NoInstitutional Control Indicator: NoEnvironmental Control Indicator: No NCAPS rankingCorrective Action Priority Ranking: NoTSDFs Only Subject to CA under Discretionary Auth Universe: NoTSDFs Potentially Subject to CA Under 3004 (u)/(v) Universe: NoNon-TSDFs Where RCRA CA has Been Imposed Universe: NoSubject to Corrective Action Universe: NoCorrective Action Workload Universe: No202 GPRA Corrective Action Baseline: Not reportedClosure Workload Universe: Not reportedPost-Closure Workload Universe: Not reportedPermit Progress Universe: Not reportedPermit Workload Universe: Not reportedPermit Renewals Workload Universe: Not on the Baseline2018 GPRA Renewals Baseline: Not on the Baseline2018 GPRA Permit Baseline: Not reportedTreatment Storage and Disposal Type: NoCommercial TSD Indicator: Not reportedSub-Part K Indicator: NHazardous Secondary Material Indicator: Not reportedFederal Facility Indicator: ---Active Site State-Reg Handler: Not reportedActive Site State-Reg Treatment Storage and Disposal Facility: Not reportedActive Site Converter Treatment storage and Disposal Facility: Not reportedActive Site Fed-Reg Treatment Storage and Disposal Facility: NoFederal Universal Waste: NoUniversal Waste Destination Facility: NoUniversal Waste Indicator: NoOff-Site Waste Receipt: NoUnderground Injection Control: NoSmelting Melting and Refining Furnace Exemption: NoSmall Quantity On-Site Burner Exemption: NoRecycler Activity with Storage: NoTransfer Facility Activity: NoTransporter Activity: NoMixed Waste Generator: SHE SUPERIOR SYNTHETICS INC FOR JW DIDADO ELECTRIC FRESNO (Continued)1025874761 TC7210538.2s Page 13 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation No Evaluations FoundEvaluations: Evaluation Action Summary: No Violations FoundViolations: Facility Has Received Notices of Violations: OTHER PERSONAL AND HOUSEHOLD GOODS REPAIR AND MAINTENANCENAICS Description: 811490NAICS Code: List of NAICS Codes and Descriptions: Not reportedElectronic Manifest Broker: Not reportedNon Storage Recycler Activity: YesCurrent Record: NoSpent Lead Acid Battery Exporter: NoSpent Lead Acid Battery Importer: NoRecognized Trader Exporter: NoRecognized Trader Importer: NoLarge Quantity Handler of Universal Waste: Not reportedState District Owner: Not a generator, verifiedFederal Waste Generator Description: SHE SUPERIOR SYNTHETICS INC FOR JW DIDADO ELECTRIC FRESNOHandler Name: 20190801Receive Date: Historic Generators: Not reportedOwner/Operator Email: Not reportedOwner/Operator Fax: Not reportedOwner/Operator Telephone Ext: 330-801-3732Owner/Operator Telephone: FRESNO, CA 93706Owner/Operator City,State,Zip: 3195 S CHERRY AVEOwner/Operator Address: Not reportedDate Ended Current: Not reportedDate Became Current: OtherLegal Status: MARK MOWERYOwner/Operator Name: OperatorOwner/Operator Indicator: Not reportedOwner/Operator Email: Not reportedOwner/Operator Fax: Not reportedOwner/Operator Telephone Ext: 417-850-5155Owner/Operator Telephone: WEBB CITY, MO 64870Owner/Operator City,State,Zip: 21514 IVY RDOwner/Operator Address: Not reportedDate Ended Current: Not reportedDate Became Current: OtherLegal Status: SHE SUPERIOR SYNTHETICS INCOwner/Operator Name: SHE SUPERIOR SYNTHETICS INC FOR JW DIDADO ELECTRIC FRESNO (Continued) 1025874761 TC7210538.2s Page 14 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Not reportedPermit Renewals Workload Universe: Not on the Baseline2018 GPRA Renewals Baseline: Not on the Baseline2018 GPRA Permit Baseline: Not reportedTreatment Storage and Disposal Type: NoCommercial TSD Indicator: Not reportedSub-Part K Indicator: NHazardous Secondary Material Indicator: Not reportedFederal Facility Indicator: ---Active Site State-Reg Handler: Not reportedActive Site State-Reg Treatment Storage and Disposal Facility: Not reportedActive Site Converter Treatment storage and Disposal Facility: Not reportedActive Site Fed-Reg Treatment Storage and Disposal Facility: NoFederal Universal Waste: NoUniversal Waste Destination Facility: NoUniversal Waste Indicator: NoOff-Site Waste Receipt: NoUnderground Injection Control: NoSmelting Melting and Refining Furnace Exemption: NoSmall Quantity On-Site Burner Exemption: NoRecycler Activity with Storage: NoTransfer Facility Activity: NoTransporter Activity: NoMixed Waste Generator: NoImporter Activity: NoShort-Term Generator Activity: OtherOperator Type: JONAH BROWNOperator Name: OtherOwner Type: JONAH BROWNOwner Name: FRESNO, CA 93706Mailing City,State,Zip: 3195 S CHERRY AVEMailing Address: Not reportedState District: Not reportedState District Owner: Not reportedActive Site Indicator: Not reportedAccessibility: Not reportedBiennial Report Cycle: Not reportedNon-Notifier: Not a generator, verifiedFederal Waste Generator Description: Not reportedLand Type: 09EPA Region: Not reportedContact Title: PPOWERSYSTEMS@YAHOO.COMContact Email: Not reportedContact Fax: 559-287-3859Contact Telephone: SANGER, CA 93657Contact City,State,Zip: 1440 N DEL RAY AVENUEContact Address: JONAH BROWNContact Name: CAL000421013EPA ID: FRESNO, CA 93706Handler City,State,Zip: 3195 S CHERRY AVEHandler Address: JONAH BROWN DBA PERFORMANCE POWER SYSTEMSHandler Name: 20190927Date Form Received by Agency: RCRA Listings: 225 ft. Site 4 of 4 in cluster A 0.043 mi. Relative: Higher Actual: 280 ft. < 1/8 FRESNO, CA 93706 NE 3195 S CHERRY AVE CAL000421013 A6 RCRA NonGen / NLRJONAH BROWN DBA PERFORMANCE POWER SYSTEMS 1024856743 TC7210538.2s Page 15 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Not reportedOwner/Operator Email: Not reportedOwner/Operator Fax: Not reportedOwner/Operator Telephone Ext: 559-287-3859Owner/Operator Telephone: SANGER, CA 93657Owner/Operator City,State,Zip: 1440 N DEL RAY AVENUEOwner/Operator Address: Not reportedDate Ended Current: Not reportedDate Became Current: OtherLegal Status: JONAH BROWNOwner/Operator Name: OperatorOwner/Operator Indicator: Not reportedOwner/Operator Email: Not reportedOwner/Operator Fax: Not reportedOwner/Operator Telephone Ext: 559-287-3859Owner/Operator Telephone: FRESNO, CA 93706Owner/Operator City,State,Zip: 3195 S CHERRY AVEOwner/Operator Address: Not reportedDate Ended Current: Not reportedDate Became Current: OtherLegal Status: JONAH BROWNOwner/Operator Name: OwnerOwner/Operator Indicator: Handler - Owner Operator: NoSub-Part P Indicator: NoManifest Broker: NoRecycler Activity Without Storage: NoExporter of Spent Lead Acid Batteries: NoImporter of Spent Lead Acid Batteries: NoRecognized Trader-Exporter: NoRecognized Trader-Importer: 20191003Handler Date of Last Change: Not reportedFinancial Assurance Required: NoSignificant Non-Complier With a Compliance Schedule Universe: NoAddressed Significant Non-Complier Universe: NoUnaddressed Significant Non-Complier Universe: NoSignificant Non-Complier Universe: Not reportedFull Enforcement Universe: Not reportedOperating TSDF Universe: N/AGroundwater Controls Indicator: N/AHuman Exposure Controls Indicator: NoInstitutional Control Indicator: NoEnvironmental Control Indicator: No NCAPS rankingCorrective Action Priority Ranking: NoTSDFs Only Subject to CA under Discretionary Auth Universe: NoTSDFs Potentially Subject to CA Under 3004 (u)/(v) Universe: NoNon-TSDFs Where RCRA CA has Been Imposed Universe: NoSubject to Corrective Action Universe: NoCorrective Action Workload Universe: No202 GPRA Corrective Action Baseline: Not reportedClosure Workload Universe: Not reportedPost-Closure Workload Universe: Not reportedPermit Progress Universe: Not reportedPermit Workload Universe: JONAH BROWN DBA PERFORMANCE POWER SYSTEMS (Continued)1024856743 TC7210538.2s Page 16 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation No Evaluations FoundEvaluations: Evaluation Action Summary: No Violations FoundViolations: Facility Has Received Notices of Violations: GENERAL AUTOMOTIVE REPAIRNAICS Description: 811111NAICS Code: List of NAICS Codes and Descriptions: NoElectronic Manifest Broker: NoNon Storage Recycler Activity: YesCurrent Record: NoSpent Lead Acid Battery Exporter: NoSpent Lead Acid Battery Importer: NoRecognized Trader Exporter: NoRecognized Trader Importer: NoLarge Quantity Handler of Universal Waste: Not reportedState District Owner: Not a generator, verifiedFederal Waste Generator Description: JONAH BROWN DBA PERFORMANCE POWER SYSTEMSHandler Name: 20190927Receive Date: Historic Generators: JONAH BROWN DBA PERFORMANCE POWER SYSTEMS (Continued) 1024856743 HAZARDOUS MATERIALS HANDLER FARM EXEMPTIONProgram Element: 32910040APM Number: FA0278288Facility ID: Not reportedCross Street: FRESNORegion: FRESNO, CA 93706City,State,Zip: 3389 S CHERRY AVEAddress: CARLOS MARTINEZName: CUPA FRESNO: 493 ft. 0.093 mi. Relative: Higher Actual: 280 ft. < 1/8 FRESNO, CA 93706 SSE 3389 S CHERRY AVE N/A 7 CUPA ListingsCARLOS MARTINEZ S107504237 THOMAS GRIFFYContact Name: CAL000304424EPA ID: FRESNO, CA 93706Handler City,State,Zip: 3114 S CHERRY AVEHandler Address: VALLEY IRON INCHandler Name: 20060315Date Form Received by Agency: RCRA Listings: 849 ft. Site 1 of 2 in cluster B 0.161 mi. Relative: Higher Actual: 280 ft. 1/8-1/4 FRESNO, CA 93706 NNE 3114 S CHERRY AVE CAL000304424 B8 RCRA NonGen / NLRVALLEY IRON INC 1024813494 TC7210538.2s Page 17 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation No NCAPS rankingCorrective Action Priority Ranking: NoTSDFs Only Subject to CA under Discretionary Auth Universe: NoTSDFs Potentially Subject to CA Under 3004 (u)/(v) Universe: NoNon-TSDFs Where RCRA CA has Been Imposed Universe: NoSubject to Corrective Action Universe: NoCorrective Action Workload Universe: No202 GPRA Corrective Action Baseline: Not reportedClosure Workload Universe: Not reportedPost-Closure Workload Universe: Not reportedPermit Progress Universe: Not reportedPermit Workload Universe: Not reportedPermit Renewals Workload Universe: Not on the Baseline2018 GPRA Renewals Baseline: Not on the Baseline2018 GPRA Permit Baseline: Not reportedTreatment Storage and Disposal Type: NoCommercial TSD Indicator: Not reportedSub-Part K Indicator: NHazardous Secondary Material Indicator: Not reportedFederal Facility Indicator: ---Active Site State-Reg Handler: Not reportedActive Site State-Reg Treatment Storage and Disposal Facility: Not reportedActive Site Converter Treatment storage and Disposal Facility: Not reportedActive Site Fed-Reg Treatment Storage and Disposal Facility: NoFederal Universal Waste: YesUniversal Waste Destination Facility: YesUniversal Waste Indicator: NoOff-Site Waste Receipt: NoUnderground Injection Control: NoSmelting Melting and Refining Furnace Exemption: NoSmall Quantity On-Site Burner Exemption: NoRecycler Activity with Storage: NoTransfer Facility Activity: NoTransporter Activity: NoMixed Waste Generator: NoImporter Activity: NoShort-Term Generator Activity: OtherOperator Type: THOMAS GRIFFYOperator Name: OtherOwner Type: VALLEY IRON INCOwner Name: FRESNO, CA 93776-2024Mailing City,State,Zip: PO BOX 12024Mailing Address: Not reportedState District: Not reportedState District Owner: Handler ActivitiesActive Site Indicator: Not reportedAccessibility: Not reportedBiennial Report Cycle: Not reportedNon-Notifier: Not a generator, verifiedFederal Waste Generator Description: Not reportedLand Type: 09EPA Region: Not reportedContact Title: TGRIFFY@VALLEYIRON.COMContact Email: 559-256-0013Contact Fax: 559-485-3900Contact Telephone: FRESNO, CA 93776-2024Contact City,State,Zip: PO BOX 12024Contact Address: VALLEY IRON INC (Continued)1024813494 TC7210538.2s Page 18 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation NoSpent Lead Acid Battery Exporter: NoSpent Lead Acid Battery Importer: NoRecognized Trader Exporter: NoRecognized Trader Importer: NoLarge Quantity Handler of Universal Waste: Not reportedState District Owner: Not a generator, verifiedFederal Waste Generator Description: VALLEY IRON INCHandler Name: 20060315Receive Date: Historic Generators: Not reportedOwner/Operator Email: Not reportedOwner/Operator Fax: Not reportedOwner/Operator Telephone Ext: 559-485-3900Owner/Operator Telephone: FRESNO, CA 93776-2024Owner/Operator City,State,Zip: PO BOX 12024Owner/Operator Address: Not reportedDate Ended Current: Not reportedDate Became Current: OtherLegal Status: VALLEY IRON INCOwner/Operator Name: OwnerOwner/Operator Indicator: Not reportedOwner/Operator Email: Not reportedOwner/Operator Fax: Not reportedOwner/Operator Telephone Ext: 559-485-3900Owner/Operator Telephone: FRESNO, CA 93776-2024Owner/Operator City,State,Zip: PO BOX 12024Owner/Operator Address: Not reportedDate Ended Current: Not reportedDate Became Current: OtherLegal Status: THOMAS GRIFFYOwner/Operator Name: OperatorOwner/Operator Indicator: Handler - Owner Operator: NoSub-Part P Indicator: NoManifest Broker: NoRecycler Activity Without Storage: NoExporter of Spent Lead Acid Batteries: NoImporter of Spent Lead Acid Batteries: NoRecognized Trader-Exporter: NoRecognized Trader-Importer: 20180905Handler Date of Last Change: Not reportedFinancial Assurance Required: NoSignificant Non-Complier With a Compliance Schedule Universe: NoAddressed Significant Non-Complier Universe: NoUnaddressed Significant Non-Complier Universe: NoSignificant Non-Complier Universe: Not reportedFull Enforcement Universe: Not reportedOperating TSDF Universe: N/AGroundwater Controls Indicator: N/AHuman Exposure Controls Indicator: NoInstitutional Control Indicator: NoEnvironmental Control Indicator: VALLEY IRON INC (Continued)1024813494 TC7210538.2s Page 19 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation No Evaluations FoundEvaluations: Evaluation Action Summary: No Violations FoundViolations: Facility Has Received Notices of Violations: METAL SERVICE CENTERS AND OFFICESNAICS Description: 42151NAICS Code: List of NAICS Codes and Descriptions: Not reportedElectronic Manifest Broker: Not reportedNon Storage Recycler Activity: YesCurrent Record: VALLEY IRON INC (Continued)1024813494 Chemical Storage FacilitiesCERS Description: 10704220CERS ID: 518910Site ID: FRESNO, CA 93706City,State,Zip: 3114 S CHERRYAddress: VALLEY IRONName: CERS: HAZARDOUS WASTE GENERATOR (CESQG)Program Element: 32909001APM Number: FA0278333Facility ID: Not reportedCross Street: FRESNORegion: FRESNO, CA 93706City,State,Zip: 3114 S CHERRYAddress: VALLEY IRONName: AUTO REPAIR/MAINTENANCE MODEL PLANProgram Element: 32909001APM Number: FA0278333Facility ID: Not reportedCross Street: FRESNORegion: FRESNO, CA 93706City,State,Zip: 3114 S CHERRYAddress: VALLEY IRONName: CUPA FRESNO: Hazardous Waste GeneratorCERS Description: 10704220CERS ID: 518910Site ID: FRESNO, CA 93706City,State,Zip: 3114 S CHERRYAddress: VALLEY IRONName: CERS HAZ WASTE: 849 ft. Site 2 of 2 in cluster B 0.161 mi. Relative: Higher Actual: 280 ft. 1/8-1/4 CERSFRESNO, CA 93706 NNE CUPA Listings3114 S CHERRY N/A B9 CERS HAZ WASTEVALLEY IRON S107619698 TC7210538.2s Page 20 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Not reportedEntity Title: VALLEY IRON INCEntity Name: Legal OwnerAffiliation Type Desc: ,Affiliation Phone: Not reportedAffiliation Zip: Not reportedAffiliation Country: Not reportedAffiliation State: Not reportedAffiliation City: Not reportedAffiliation Address: Not reportedEntity Title: VALLEY IRON INC.Entity Name: Parent CorporationAffiliation Type Desc: ,Affiliation Phone: Not reportedAffiliation Zip: Not reportedAffiliation Country: Not reportedAffiliation State: Not reportedAffiliation City: Not reportedAffiliation Address: Not reportedEntity Title: Tom GriffyEntity Name: Document PreparerAffiliation Type Desc: Affiliation: CERS,Eval Source: HMRRPEval Program: Fresno County Department of Public HealthEval Division: Not reportedEval Notes: Routine done by local agencyEval Type: YesViolations Found: 01-26-2016Eval Date: Compliance Evaluation InspectionEval General Type: CERS,Eval Source: HWEval Program: Fresno County Department of Public HealthEval Division: Not reportedEval Notes: Routine done by local agencyEval Type: NoViolations Found: 01-26-2016Eval Date: Compliance Evaluation InspectionEval General Type: Evaluation: CERS,Violation Source: HMRRPViolation Program: Fresno County Department of Public HealthViolation Division: Returned to compliance on 04/09/2016.Violation Notes: required content. Failure to complete and electronically submit a site map with allViolation Description: 6.95, Section(s) 25508(a)(1) HSC 6.95 25508(a)(1) - California Health and Safety Code, ChapterCitation: 01-26-2016Violation Date: VALLEY IRONSite Name: 518910Site ID: Violations: VALLEY IRON (Continued)S107619698 TC7210538.2s Page 21 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation ,Affiliation Phone: Not reportedAffiliation Zip: Not reportedAffiliation Country: Not reportedAffiliation State: Not reportedAffiliation City: Not reportedAffiliation Address: Safety & Compliance SpecialistEntity Title: Tom GriffyEntity Name: Identification SignerAffiliation Type Desc: ,Affiliation Phone: 937762024Affiliation Zip: Not reportedAffiliation Country: CAAffiliation State: FRESNOAffiliation City: P O BOX 12024Affiliation Address: Not reportedEntity Title: Mailing AddressEntity Name: Facility Mailing AddressAffiliation Type Desc: ,Affiliation Phone: 93776-2024Affiliation Zip: Not reportedAffiliation Country: CAAffiliation State: FRESNOAffiliation City: PO BOX 12024Affiliation Address: Not reportedEntity Title: Tom GriffyEntity Name: Environmental ContactAffiliation Type Desc: (559) 600-3271,Affiliation Phone: 93775Affiliation Zip: Not reportedAffiliation Country: CAAffiliation State: FresnoAffiliation City: 1221 Fulton St., 3rd FloorP.O. Box 11867Affiliation Address: Not reportedEntity Title: Fresno County Community Health DepartmentEntity Name: CUPA DistrictAffiliation Type Desc: (559) 485-3900,Affiliation Phone: Not reportedAffiliation Zip: Not reportedAffiliation Country: Not reportedAffiliation State: Not reportedAffiliation City: Not reportedAffiliation Address: Not reportedEntity Title: VALLEY IRON INC.Entity Name: OperatorAffiliation Type Desc: (559) 485-3900,Affiliation Phone: 93706Affiliation Zip: United StatesAffiliation Country: CAAffiliation State: FRESNOAffiliation City: 3114 SO CHERRYAffiliation Address: VALLEY IRON (Continued)S107619698 TC7210538.2s Page 22 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation 5T10000597Reg Id: LTNKAReg By: 10Facility County Code: CORTESERegion: FRESNO, CA 93727City,State,Zip: 568 MUSCATedr_fadd1: DOLE DRIED FRUIT & NUTedr_fname: HIST CORTESE: N/AMTBE Code: LUSTProgram: RegionalLead Agency: RWWStaff Initials: DIESELSubstance: UndefinedCase Type: 5T10000597Case Number: Pollution CharacterizationStatus: 5Region: FRESNOCity: 568 MUSCAT EAddress: DOLE DRIED FRUIT & NUTName: LUST REG 5: 1009 ft. 0.191 mi. Relative: Higher Actual: 281 ft. 1/8-1/4 FRESNO, CA 93727 SE HIST CORTESE568 MUSCAT E N/A 10 LUSTDOLE DRIED FRUIT & NUT S102428863 UST REMOVAL/CLOSURE W/2 TANKSProgram Element: 32918012APM Number: FA0275273Facility ID: Not reportedCross Street: FRESNORegion: FRESNO, CA 93706City,State,Zip: 3014 CHERRYAddress: GRANETT INVESTMENT TRUSTName: CUPA FRESNO: 1173 ft. 0.222 mi. Relative: Higher Actual: 280 ft. 1/8-1/4 FRESNO, CA 93706 NNE 3014 CHERRY N/A 11 CUPA ListingsGRANETT INVESTMENT TRUST S105179909 http://geotracker.waterboards.ca.gov/profile_report.asp?global_id=T0601900347Geo Track: LUST Cleanup SiteCase Type: FRESNO COUNTYLead Agency: FRESNO, CA 93706City,State,Zip: 3087 ELM AVE SAddress: GLEIM-CROWN PUMPSName: LUST: 1784 ft. 0.338 mi.CERS Relative: Lower Actual: 277 ft. 1/4-1/2 HIST CORTESEFRESNO, CA 93706 WNW Cortese3087 ELM N/A 12 LUSTGLEIM-CROWN PUMPS S104404116 TC7210538.2s Page 23 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation 12/27/2005Status Date: Completed - Case ClosedStatus: T0601900347Global Id: 12/23/1991Status Date: Open - Site AssessmentStatus: T0601900347Global Id: 12/04/1991Status Date: Open - Case Begin DateStatus: T0601900347Global Id: LUST: Leak StoppedAction: 12/04/1991Date: OtherAction Type: T0601900347Global Id: Leak ReportedAction: 12/24/1991Date: OtherAction Type: T0601900347Global Id: Leak DiscoveryAction: 12/23/1991Date: OtherAction Type: T0601900347Global Id: Closure/No Further Action LetterAction: 12/27/2005Date: ENFORCEMENTAction Type: T0601900347Global Id: LUST: Not reportedPhone Number: environmentalhealth@fresnocountyca.govEmail: FresnoCity: 1221 Fulton StreetAddress: FRESNO COUNTYOrganization Name: FRESNO COUNTY DPH, ENVIRONMENTAL HEALTH DIVContact Name: Local Agency CaseworkerContact Type: T0601900347Global Id: LUST: Not reportedSite History: GasolinePotential Contaminants of Concern: SoilPotential Media Affect: FA0268279Local Case Number: Not reportedFile Location: FRESNO COUNTYLocal Agency: 5T10000354RB Case Number: EHDCase Worker: 12/27/2005Status Date: Completed - Case ClosedStatus: -119.792558Longitude: 36.690639Latitude: T0601900347Global Id: GLEIM-CROWN PUMPS (Continued) S104404116 TC7210538.2s Page 24 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation T0601900347CERS ID: 190855Site ID: FRESNO, CA 93706City,State,Zip: 3087 ELM AVE SAddress: GLEIM-CROWN PUMPSName: CERS: 5T10000354Reg Id: LTNKAReg By: 10Facility County Code: CORTESERegion: FRESNO, CA 93706City,State,Zip: 3087 ELMedr_fadd1: GLEIM-CROWN PUMPSedr_fname: HIST CORTESE: Active OpenFile Name: Not reportedWaste Management Uit Name: Not reportedSolid Waste Id No: Not reportedWID Id: Not reportedRegion 2: Not reportedEffective Date: Not reportedWaste Discharge System No: Not reportedOrder No: activeFlag: Not reportedSwat R: Not reportedEnf Type: Not reportedOwner: Not reportedLongitude: Not reportedLatitude: Not reportedSite Code: Not reportedStatus Date: COMPLETED - CASE CLOSEDCleanup Status: LUST CLEANUP SITESite/Facility Type: T0601900347Global ID: Not reportedEnvirostor Id: CORTESERegion: FRESNO, CA 93706City,State,Zip: 3087 ELM AVE SAddress: GLEIM-CROWN PUMPSName: CORTESE: N/AMTBE Code: LUSTProgram: LocalLead Agency: DAMStaff Initials: UNLEAD GASOLINESubstance: Soil onlyCase Type: 5T10000354Case Number: Case ClosedStatus: 5Region: FRESNOCity: 3087 ELM AVE SAddress: GLEIM-CROWN PUMPSName: LUST REG 5: GLEIM-CROWN PUMPS (Continued) S104404116 TC7210538.2s Page 25 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation ,Affiliation Phone: Not reportedAffiliation Zip: Not reportedAffiliation Country: CAAffiliation State: FresnoAffiliation City: 1221 Fulton StreetAffiliation Address: Not reportedEntity Title: FRESNO COUNTY DPH, ENVIRONMENTAL HEALTH DIV - FRESNO COUNTYEntity Name: Local Agency CaseworkerAffiliation Type Desc: Affiliation: Leaking Underground Storage Tank Cleanup SiteCERS Description: GLEIM-CROWN PUMPS (Continued) S104404116 Click here to access the California GeoTracker records for this facility: All files have been uploaded to geotrackerSite History: BenzenePotential Contaminants of Concern: SoilPotential Media Affected: Not reportedFile Location: Not reportedRB Case Number: Not reportedLocal Agency: Not reportedCase Worker: Cleanup Program SiteCase Type: -119.790660525131Longitude: 36.6921236386862Latitude: Not reportedLead Agency Case Number: CENTRAL VALLEY RWQCB (REGION 5F)Lead Agency: SL0601990145Global Id: 08/06/2003Status Date: Completed - Case ClosedFacility Status: STATERegion: FRESNO, CACity,State,Zip: CORNER OF NORTH AND ELMAddress: NORTH AND ELM EXCAVATIONName: CPS-SLIC: 2049 ft. 0.388 mi. Relative: Lower Actual: 278 ft. 1/4-1/2 FRESNO, CA NW CORNER OF NORTH AND ELM N/A 13 CPS-SLICNORTH AND ELM EXCAVATION S106483536 Abel Martinez-CentenoPoint of Contact: 10-CR-0074SWIS Number: 10-CR-0074Facility ID: STATERegion: FRESNO, CA 93706City,State,Zip: 3650 S CHERRY AVEAddress: FAGUNDES DAIRYName: SWF/LF (SWIS): 2296 ft. 0.435 mi. Relative: Higher Actual: 280 ft. 1/4-1/2 FRESNO, CA 93706 SSE 3650 S CHERRY AVE N/A 14 SWF/LFFAGUNDES DAIRY S126983017 TC7210538.2s Page 26 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation (661) 822-3302Contact Phone: Not reportedContact Email: OwnerContact Title: Rose L. FagundesContact Name: Not reportedStarted On: YesIs Archived: -119.7817Longitude: 36.6817Latitude: TBD (Pending Investigation)Site Regulatory Status: Disposal OnlySite Type: ClosedSite Operational Status: Fagundes DairySite Name: 93561Owner Zip: CAOwner State: TehachapiOwner City: 27740 Hialeah DrOwner Address: Fagundes DairyOwner: 10-CR-0074SWIS Number: Owner: TBD (Pending Investigation)Regulation Status: Department of Public Health, Environmental Health DivisionEnforcing Agency Department: County of FresnoEnforcing Agency Legal Name: Department of Public Health, Environmental Health DivisionReporting Agency Department: County of FresnoReporting Agency Legal Name: FresnoLocal Government: Central ValleySWRCB Region: San Joaquin Valley UnifiedARB District: Not reportedEPA Federal Registry ID: A1Closed Illegal Abandoned Category: Not reportedAbsorbed By: ClosedOperational Status: Not reportedAbsorbed On: NoIs Financial Assurances Responsible: NoIs Site Inert Debris Engineered Fill: YesIs Closed Illegal Abandoned: YesIs Archived: FAGUNDES DAIRY (Continued)S126983017 Not reportedWebsite: 93706Mailing Zip Code: CAMailing State: FresnoMailing City: 2910 S Cherry AveMailing Address: RC3180Cert Id: 27264Reg Id: FRESNO, CA 93706City,State,Zip: 2910 S CHERRY AVEAddress: WESTERN METAL COName: SWRCY: CERS CIWQS 2482 ft.NPDES 0.470 mi.CUPA Listings Relative: Higher Actual: 280 ft. 1/4-1/2 CERS HAZ WASTEFRESNO, CA 93706 North HAULERS2910 S CHERRY AVE N/A 15 SWRCYWESTERN METAL CO S102812929 TC7210538.2s Page 27 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Not reportedCross Street: FRESNORegion: FRESNO, CA 93706City,State,Zip: 2910 S CHERRY AVEAddress: WESTERN METAL COMPANYName: AUTO REPAIR/MAINTENANCE MODEL PLANProgram Element: 32821106SAPM Number: FA0271619Facility ID: Not reportedCross Street: FRESNORegion: FRESNO, CA 93706City,State,Zip: 2910 S CHERRY AVEAddress: WESTERN METAL COMPANYName: CUPA FRESNO: Hazardous Waste GeneratorCERS Description: 10704682CERS ID: 520048Site ID: FRESNO, CA 93706City,State,Zip: 2910 S CHERRY AVEAddress: WESTERN METAL COMPANYName: CERS HAZ WASTE: Not reportedBusiness Types: 2009-01-15 00:00:00Regulatory Status Last Changed: YesAccepting Tires From Public: Hauler-RegisteredCurrent Hauler Status: ActiveCurrent Status: Not reportedMailing Phone: Not reportedMailing County: 93706Mailing Zip: CAMailing State: FresnoMailing City: 2910 S Cherry AveMailing Address: Tara GreenbergContact Person: taragrnbrg@aol.comBusiness Email Address: (559) 264-6246Facility Phone: 1562408Facility ID: FRESNO, CA 93706-5407City,State,Zip: 2910 S CHERRY AVEAddress: TSG RECYCLING DISPOSAL, INC.Name: HAULERS: Irwin H Greenberg IncOrganization Name: 18459Organization ID: 11:30 am; Sun Closed Mon - Fri 8:00 am - 4:30 pm, Closed 12:00 pm - 1:00 pm; Sat 8:00 am -Hours of Operation: YBimetal: YPlastic: YGlass: YAluminium: 06/02/1989Operation Begin Date: NRural: (559) 264-6246Phone Number: westernmetal@aol.comEmail: WESTERN METAL CO (Continued)S102812929 TC7210538.2s Page 28 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Not reportedMajor/Minor: Not reportedDesign Flow: Not reportedExpiration/Review Date: 01/29/2016Termination Date: 02/17/1993Effective Date: Not reportedAdoption Date: CAS000001NPDES Number: 5F10I009793WDID: 2014-0057-DWQOrder Number: Storm water industrialRegulatory Measure Type: TerminatedRegulatory Measure Status: INDSTWProgram: 5FRegion: 5093SIC/NAICS: Industrial - Scrap and Waste MaterialsPlace/Project Type: 2910 S Cherry Ave, Fresno, CA 93706Agency Address: Western Metal CoAgency: FRESNO, CA 93706City,State,Zip: 2910 S CHERRY AVEAddress: WESTERN METAL COName: CIWQS: 93706Operator Zip: CaliforniaOperator State: FresnoOperator City: 2910 S Cherry AveOperator Address: Western Metal CoOperator Name: 01/29/2016Status Date: NONA SubmittedStatus: Not reportedDischarge Zip: Not reportedDischarge State: Not reportedDischarge City: Not reportedDischarge Name: Not reportedDischarge Address: Not reportedExpiration Date Of Regulatory Measure: Not reportedTermination Date Of Regulatory Measure: Not reportedEffective Date Of Regulatory Measure: Not reportedAdoption Date Of Regulatory Measure: Not reportedProgram Type: IndustrialRegulatory Measure Type: 5F10NNA000127WDID: Not reportedOrder Number: Not reportedPlace ID: Not reportedRegulatory Measure ID: Not reportedAgency Number: Not reportedRegion: Not reportedNPDES Number: Not reportedFacility Status: FRESNO, CA 93706City,State,Zip: 2910 S CHERRY AVEAddress: WESTERN METAL COName: NPDES: HAZARDOUS WASTE GENERATOR (SQG)Program Element: 32821106SAPM Number: FA0271619Facility ID: WESTERN METAL CO (Continued)S102812929 TC7210538.2s Page 29 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation CERS,Violation Source: HWViolation Program: Fresno County Department of Public HealthViolation Division: Returned to compliance on 10/28/2015.Violation Notes: or the environment. to the air, soil, or surface water which could threaten human health non-sudden release of hazardous waste or hazardous waste constituents possibility of a fire, explosion, or any unplanned sudden or Failure to maintain and operate the facility to minimize theViolation Description: 15, Section(s) 66265.31 22 CCR 15 66265.31 - California Code of Regulations, Title 22, ChapterCitation: 09-28-2015Violation Date: WESTERN METAL COMPANYSite Name: 520048Site ID: CERS,Violation Source: HWViolation Program: Fresno County Department of Public HealthViolation Division: Returned to compliance on 10/28/2015.Violation Notes: Waste, and starting accumulation date. generator, physical and chemical characteristics of the Hazardous the following requirements: "Hazardous Waste", name and address of the Failure to properly label hazardous waste accumulation containers withViolation Description: Chapter 12, Section(s) 66262.34(f) 22 CCR 12 66262.34(f) - California Code of Regulations, Title 22,Citation: 09-28-2015Violation Date: WESTERN METAL COMPANYSite Name: 520048Site ID: CERS,Violation Source: HMRRPViolation Program: Fresno County Department of Public HealthViolation Division: Returned to compliance on 10/28/2015.Violation Notes: required content. Failure to complete and electronically submit a site map with allViolation Description: 6.95, Section(s) 25508(a)(1) HSC 6.95 25508(a)(1) - California Health and Safety Code, ChapterCitation: 09-28-2015Violation Date: WESTERN METAL COMPANYSite Name: 520048Site ID: Violations: Chemical Storage FacilitiesCERS Description: 10704682CERS ID: 520048Site ID: FRESNO, CA 93706City,State,Zip: 2910 S CHERRY AVEAddress: WESTERN METAL COMPANYName: CERS: -119.78174Longitude: 36.69619Latitude: 0Violations within 5 years: 0Enforcement Actions within 5 years: Not reportedTTWQ: Not reportedComplexity: WESTERN METAL CO (Continued)S102812929 TC7210538.2s Page 30 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Environmental ContactAffiliation Type Desc: Affiliation: -119.783640Longitude: 36.695500Latitude: Entrance point of a facility or station,Ref Point Type Desc: Not reportedCoord Name: 10704682Program ID: HMBPEnv Int Type Code: WESTERN METAL COMPANYFacility Name: 520048Site ID: Coordinates: CERS,Eval Source: HMRRPEval Program: Fresno County Department of Public HealthEval Division: Not reportedEval Notes: Routine done by local agencyEval Type: YesViolations Found: 09-28-2015Eval Date: Compliance Evaluation InspectionEval General Type: CERS,Eval Source: HMRRPEval Program: Fresno County Department of Public HealthEval Division: HMBP inspection.Eval Notes: Routine done by local agencyEval Type: NoViolations Found: 11-15-2019Eval Date: Compliance Evaluation InspectionEval General Type: CERS,Eval Source: HWEval Program: Fresno County Department of Public HealthEval Division: Not reportedEval Notes: Routine done by local agencyEval Type: YesViolations Found: 09-28-2015Eval Date: Compliance Evaluation InspectionEval General Type: Evaluation: CERS,Violation Source: HMRRPViolation Program: Fresno County Department of Public HealthViolation Division: Returned to compliance on 10/28/2015.Violation Notes: business name. quantities. A change of business address, business ownership, or previously undisclosed hazardous materials at or above reportable quantity of a previously disclosed material. Any handling of a one of the following events: A 100 percent or more increase in the Failure to electronically update business plan within 30 days of anyViolation Description: 6.95, Section(s) 25508.1(a)-(e) HSC 6.95 25508.1(a)-(e) - California Health and Safety Code, ChapterCitation: 09-28-2015Violation Date: WESTERN METAL COMPANYSite Name: 520048Site ID: WESTERN METAL CO (Continued)S102812929 TC7210538.2s Page 31 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Not reportedAffiliation Zip: Not reportedAffiliation Country: Not reportedAffiliation State: Not reportedAffiliation City: Not reportedAffiliation Address: Not reportedEntity Title: STAN GREENBERGEntity Name: OperatorAffiliation Type Desc: (559) 600-3271,Affiliation Phone: 93775Affiliation Zip: Not reportedAffiliation Country: CAAffiliation State: FresnoAffiliation City: 1221 Fulton St., 3rd FloorP.O. Box 11867Affiliation Address: Not reportedEntity Title: Fresno County Community Health DepartmentEntity Name: CUPA DistrictAffiliation Type Desc: (559) 264-6246,Affiliation Phone: 93706Affiliation Zip: United StatesAffiliation Country: CAAffiliation State: FRESNOAffiliation City: 2910 CHERRYAffiliation Address: Not reportedEntity Title: IH GREENBURG INCEntity Name: Legal OwnerAffiliation Type Desc: ,Affiliation Phone: Not reportedAffiliation Zip: Not reportedAffiliation Country: Not reportedAffiliation State: Not reportedAffiliation City: Not reportedAffiliation Address: PRESIDENTEntity Title: STAN GREENBERGEntity Name: Identification SignerAffiliation Type Desc: ,Affiliation Phone: 93706Affiliation Zip: Not reportedAffiliation Country: CAAffiliation State: FRESNOAffiliation City: 2910 S CHERRY AVEAffiliation Address: Not reportedEntity Title: Mailing AddressEntity Name: Facility Mailing AddressAffiliation Type Desc: ,Affiliation Phone: 93706Affiliation Zip: Not reportedAffiliation Country: CAAffiliation State: FRESNOAffiliation City: 2910 S CHERRYAffiliation Address: Not reportedEntity Title: STANLEY GREENBERGEntity Name: WESTERN METAL CO (Continued)S102812929 TC7210538.2s Page 32 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation ,Affiliation Phone: Not reportedAffiliation Zip: Not reportedAffiliation Country: Not reportedAffiliation State: Not reportedAffiliation City: Not reportedAffiliation Address: Not reportedEntity Title: WESTERN METAL COMPANYEntity Name: Parent CorporationAffiliation Type Desc: ,Affiliation Phone: Not reportedAffiliation Zip: Not reportedAffiliation Country: Not reportedAffiliation State: Not reportedAffiliation City: Not reportedAffiliation Address: Not reportedEntity Title: TARA GREENBERGEntity Name: Document PreparerAffiliation Type Desc: (559) 264-6246,Affiliation Phone: WESTERN METAL CO (Continued)S102812929 0 0 0 / 0 0 0Lat/Long (dms): Not reportedLat/Long Direction: Not reportedRegion Water Control Board Name: Not reportedRegion Water Control Board: Not reportedSupervisor Responsible for Site: MPFISTERStaff Member Responsible for Site: Not reportedGroundwater Contamination: Not reportedDate Site Hazard Ranked: Not reportedHazardous Ranking Score: Not reportedCortese: Not reportedAccess: MANU - FABRICATED METAL PRODUCTSSIC Name: 34SIC Code: Not ListedNPL: DEPT OF TOXIC SUBSTANCES CONTROLLead Agency: ANNUAL WORKPLAN - ACTIVE SITEStatus Name: ANNUAL WORKPLAN (AWP) - ACTIVE SITEStatus: 04281993State Senate District: Not reportedFile Name: CENTRAL CALIFORNIABranch Name: CCBranch: RESPONSIBLE PARTYType: RPFacility Type: 10340074Facility ID: SACRAMENTORegion: FRESNOCity: 2940 SOUTH ELM AVENUEAddress: COMMERCIAL ELECTROPLATERSName: Calsite: 2812 ft. Site 1 of 2 in cluster C 0.533 mi. Relative: Lower Actual: 278 ft. 1/2-1 FRESNO, CA 93706 NW 2940 SOUTH ELM AVENUE N/A C16 HIST Cal-SitesCOMMERCIAL ELECTROPLATERS S102860839 TC7210538.2s Page 33 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation 0Proposed Budget: Not reportedAWP Code: SITE SCREENINGActivity Name: SSActivity: 10340074Facility ID: 0Unknown Type: 0For Residential Reuse: 0For Industrial Reuse: 0For Commercial Reuse: Not reportedActivity Comments: Not reportedRemoval Action Certification: Not reportedAction Included Fencing: Not reportedWell Decommissioned: Not reportedAction Included Capping: 0Liquids Treated (Gals): 0Liquids Removed (Gals): ANNUAL WORKPLAN - ACTIVE SITEDefinition of Status: AWPActivity Status: Not reportedRequest to Delete Activity: Not reportedEstimated Size: 0Est Person-Yrs to complete: 01261987Comments Date: Not reportedRevised Due Date: Not reportedAWP Completion Date: 0Proposed Budget: Not reportedAWP Code: SITE SCREENINGActivity Name: SSActivity: 10340074Facility ID: 0Unknown Type: 0For Residential Reuse: 0For Industrial Reuse: 0For Commercial Reuse: Not reportedActivity Comments: Not reportedRemoval Action Certification: Not reportedAction Included Fencing: Not reportedWell Decommissioned: Not reportedAction Included Capping: 0Liquids Treated (Gals): 0Liquids Removed (Gals): ANNUAL WORKPLAN - ACTIVE SITEDefinition of Status: AWPActivity Status: Not reportedRequest to Delete Activity: Not reportedEstimated Size: 0Est Person-Yrs to complete: 03051982Comments Date: Not reportedRevised Due Date: Not reportedAWP Completion Date: 0Proposed Budget: Not reportedAWP Code: DISCOVERYActivity Name: DISCActivity: 10340074Facility ID: 16State Senate District Code: 31State Assembly District Code: Not reportedLat/Long Description: Not reportedLat/long Method: COMMERCIAL ELECTROPLATERS (Continued)S102860839 TC7210538.2s Page 34 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation 0Liquids Removed (Gals): ANNUAL WORKPLAN - ACTIVE SITEDefinition of Status: AWPActivity Status: Not reportedRequest to Delete Activity: Not reportedEstimated Size: 0Est Person-Yrs to complete: 10172001Comments Date: Not reportedRevised Due Date: Not reportedAWP Completion Date: 0Proposed Budget: IS&EAWP Code: I/SE, IORSE, FFA, FFSRA, VCA, EAActivity Name: ORDERActivity: 10340074Facility ID: 0Unknown Type: 0For Residential Reuse: 0For Industrial Reuse: 0For Commercial Reuse: Not reportedActivity Comments: Not reportedRemoval Action Certification: Not reportedAction Included Fencing: Not reportedWell Decommissioned: Not reportedAction Included Capping: 0Liquids Treated (Gals): 0Liquids Removed (Gals): ANNUAL WORKPLAN - ACTIVE SITEDefinition of Status: AWPActivity Status: Not reportedRequest to Delete Activity: Not reportedEstimated Size: 0Est Person-Yrs to complete: 02232000Comments Date: Not reportedRevised Due Date: Not reportedAWP Completion Date: 0Proposed Budget: Not reportedAWP Code: POTENTIAL RESPONSIBLE PARTY SEARCHActivity Name: PRPActivity: 10340074Facility ID: 0Unknown Type: 0For Residential Reuse: 0For Industrial Reuse: 0For Commercial Reuse: Not reportedActivity Comments: Not reportedRemoval Action Certification: Not reportedAction Included Fencing: Not reportedWell Decommissioned: Not reportedAction Included Capping: 0Liquids Treated (Gals): 0Liquids Removed (Gals): ANNUAL WORKPLAN - ACTIVE SITEDefinition of Status: AWPActivity Status: Not reportedRequest to Delete Activity: Not reportedEstimated Size: 0Est Person-Yrs to complete: 01161990Comments Date: Not reportedRevised Due Date: Not reportedAWP Completion Date: COMMERCIAL ELECTROPLATERS (Continued)S102860839 TC7210538.2s Page 35 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation 0For Residential Reuse: 0For Industrial Reuse: 0For Commercial Reuse: Not reportedActivity Comments: Not reportedRemoval Action Certification: Not reportedAction Included Fencing: Not reportedWell Decommissioned: Not reportedAction Included Capping: 0Liquids Treated (Gals): 0Liquids Removed (Gals): ANNUAL WORKPLAN - ACTIVE SITEDefinition of Status: AWPActivity Status: Not reportedRequest to Delete Activity: Not reportedEstimated Size: 0Est Person-Yrs to complete: Not reportedComments Date: Not reportedRevised Due Date: 07312006AWP Completion Date: 0Proposed Budget: Not reportedAWP Code: REMEDIAL INVESTIGATION / FEASIBILITY STUDYActivity Name: RIFSActivity: 10340074Facility ID: 0Unknown Type: 0For Residential Reuse: 0For Industrial Reuse: 0For Commercial Reuse: Not reportedActivity Comments: Not reportedRemoval Action Certification: Not reportedAction Included Fencing: Not reportedWell Decommissioned: Not reportedAction Included Capping: 0Liquids Treated (Gals): 0Liquids Removed (Gals): ANNUAL WORKPLAN - ACTIVE SITEDefinition of Status: AWPActivity Status: Not reportedRequest to Delete Activity: Not reportedEstimated Size: 0Est Person-Yrs to complete: 05122004Comments Date: Not reportedRevised Due Date: Not reportedAWP Completion Date: 0Proposed Budget: Not reportedAWP Code: PRELIMINARY ENDANGERMENT ASSESSMENTActivity Name: PEAActivity: 10340074Facility ID: 0Unknown Type: 0For Residential Reuse: 0For Industrial Reuse: 0For Commercial Reuse: Not reportedActivity Comments: Not reportedRemoval Action Certification: Not reportedAction Included Fencing: Not reportedWell Decommissioned: Not reportedAction Included Capping: 0Liquids Treated (Gals): COMMERCIAL ELECTROPLATERS (Continued)S102860839 TC7210538.2s Page 36 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation NOT ON 90/91 AWP. STATUS NEEDS TO BE DETERMINED.Comments: 05151991Comments Date: samples taken.Comments: 04281993Comments Date: at 438 ug/g and chromium at 435 ug/g in soilComments: 04281993Comments Date: were working on the site. Cadmium was detectedComments: 04281993Comments Date: high priority was given. Neither DTSC nor RWQCBComments: 04281993Comments Date: by DTSC staff. A recommendation of PEA requiredComments: 04281993Comments Date: A site screening was completed January 16, 1990,Comments: 04281993Comments Date: 1937 SOUTH CHERRY ABOUT 1971.Comments: 04261982Comments Date: FACILITY DRIVE BY. FORMER ACID SUMP ON SITE. MOVED TOComments: 04261982Comments Date: FACILITY IDENTIFIED FROM RWQCB FILES.Comments: 03051982Comments Date: a Potentially Responsible Party.Comments: 02232000Comments Date: the data for use in establishing liability for site cleanup asComments: 02232000Comments Date: determine site ownership (current and historical) and evaluateComments: 02232000Comments Date: PRP - DTSC conducted a review of the Choice Point database toComments: 02232000Comments Date: DTSC on December 29,1995.Comments: 02161996Comments Date: A Voluntary Cleanup Program information letter was sent byComments: 02161996Comments Date: SITE SCREENING DONE. PA REQUIRED.Comments: 01261987Comments Date: FINAL STRATEGY IDENTIFIED AS AN ABANDONED SITE.Comments: 01191983Comments Date: ASSESSMENT.Comments: 01161990Comments Date: SITE SCREENING DONE. SITE REQUIRES PRELIMINARY ENDANGERMENTComments: 01161990Comments Date: Section 25356.Comments: 01011984Comments Date: This is the date the site was first listed AWP pursuant toComments: 01011984Comments Date: Endangerment Assessment be conducted. issued in October 2001, and requires that a Preliminary and lead. An Imminent and Substantial Endangerment Order was from site in 1985 contained elevated concentrations of cadmium sludge was spread over the ground. Surface soil samples collected periodically piped to an unlined pit on the property and operated from approximately 1956-1971. Waste water was This is the site of a former electroplating operation. ItBackground Info: FRESNO, CA 93721Alternate City,St,Zip: 1937 S CHERRY AVENUEAlternate Address: FRESNO, CA 93706Alternate City,St,Zip: 2940 SOUTH ELM AVENUEAlternate Address: 0Unknown Type: COMMERCIAL ELECTROPLATERS (Continued) S102860839 TC7210538.2s Page 37 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Not reportedSpecial Programs Name: Not reportedSpecial Programs Code: Not reportedAlternate Name: COMMERCIAL ELECTROPLATERSAlternate Name: 100044ID Value: CALSTARS CODEID Name: SAMPLE RESULTS CADMIUM 438 UG/G IN SOILComments: 12051985Comments Date: 2940 S. Elm Avenue, Fresno.Comments: 10182001Comments Date: Avenue, Fresno. The order is for the previous location atComments: 10182001Comments Date: Assessment. The facility is now located at 1937 South CherryComments: 10182001Comments Date: Commercial Electro Platers to conduct a Preliminary EndangermentComments: 10182001Comments Date: An Imminent & Substantial Endangerment Order was issued toComments: 10182001Comments Date: HAZARDOUS RANKING SCORE 21.30.Comments: 07181985Comments Date: ADDITIONAL GROUNDWATER ASSESSMENT WORK IS NEEDED.Comments: 07022004Comments Date: CONTAMINATION WAS IDENTIFIED AND THE APPROVED REPORT NOTES THATComments: 07022004Comments Date: AT 2940 SOUTH ELM AVENUE, FRESNO, CALIFORNIA. GROUNDWATERComments: 07022004Comments Date: PEA REPORT FOR THE FORMER COMMERCIAL ELECTRO PLATERS FACILITYComments: 07022004Comments Date: PEA (PRELIMINARY ENDANGERMENT ASSESSMENT) -- APPROVAL OF THEComments: 07022004Comments Date: DUMPED PLATING WASTE ON SITE 1956-1969Comments: 06151982Comments Date: MAP OF ABANDONED SUMP IN RWQCB FILESComments: 06151982Comments Date: APN 328-150-28Comments: 06131989Comments Date: SITE IS ON 1989 BOND EXPENDITURE PLAN.Comments: 06131989Comments Date: CYANIDE 7.0 MG/LComments: 05231969Comments Date: SAMPLE RESULTS RWQCB: ZINC 65 MG/L, CADMIUM 7.2 MG/LComments: 05231969Comments Date: COMMERCIAL ELECTROPLATERS (Continued) S102860839 NONational Priorities List: 2.28Acres: State Response or NPLSite Type Detail: State ResponseSite Type: 10340074Facility ID: FRESNO, CA 93706City,State,Zip: 2940 SOUTH ELM AVENUEAddress: COMMERCIAL ELECTROPLATERSName: RESPONSE: 2812 ft. Site 2 of 2 in cluster C 0.533 mi.Cortese Relative: Lower Actual: 278 ft. 1/2-1 CA BOND EXP. PLANFRESNO, CA 93706 NW ENVIROSTOR2940 SOUTH ELM AVENUE N/A C17 RESPONSECOMMERCIAL ELECTROPLATERS S100833189 TC7210538.2s Page 38 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation PROJECT WIDECompleted Area Name: approved with contingencies. installation and sampling of two additional monitoring wells was Workplan for collection of additional soil samples and forComments: 03/02/2006Completed Date: Remedial Investigation WorkplanCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Field work for characterization work completed in November 2006.Comments: 11/28/2006Completed Date: FieldworkCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Completed Info: Envirostor ID NumberAlias Type: 10340074Alias Name: Project Code (Site Code)Alias Type: 102259Alias Name: Project Code (Site Code)Alias Type: 100044Alias Name: PCodeAlias Type: 100044Alias Name: GeoTracker Global IDAlias Type: SLT5FR074362Alias Name: EPA (FRS #)Alias Type: 110033613524Alias Name: EPA Identification NumberAlias Type: CAN000905729Alias Name: APNAlias Type: 32815028Alias Name: APNAlias Type: 328-150-028Alias Name: Alternate NameAlias Type: COMMERCIAL ELECTROPLATINGAlias Name: AQUI, SOILPotential Description: Cadmium and compounds Chromium VI Cyanide (freeConfirmed COC: Cadmium and compounds Chromium VI Cyanide (freePotential COC : METAL PLATING - CHROME, METAL PLATING - OTHERPast Use: 328-150-028, 32815028APN: -119.7920Longitude: 36.69436Latitude: Responsible PartyFunding: NORestricted Use: 04/28/1993Status Date: ActiveStatus: Not reportedSpecial Program Status: 14Senate: 31Assembly: NONE SPECIFIEDSite Mgmt. Req.: 102259Site Code: Northern California Schools & Santa SusanaDivision Branch: Lora JamesonSupervisor: Melessia DownhamProject Manager: DTSC - Site Cleanup ProgramLead Agency Description: SMBRPCleanup Oversight Agencies: COMMERCIAL ELECTROPLATERS (Continued)S100833189 TC7210538.2s Page 39 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Not reportedComments: 06/30/2021Completed Date: Project ManagementCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Groundwater Monitoring Report 3rd. QuarterComments: 03/11/2009Completed Date: Technical ReportCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 06/05/2012Completed Date: Remedial Investigation WorkplanCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: work was requested by DTSC. cadmium, hexavalent chromium and cyanide in groundwater. Additional contamination in surface soils in the former sump area, and also PEA indicated presence of cadmium and hexavalent chromiumComments: 05/12/2004Completed Date: Preliminary Endangerment Assessment ReportCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Oversight cost estimate letter is dated 12/16/2009.Comments: 12/16/2009Completed Date: Letter - NoticeCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Order modification was sent on 1/25/2012 to Responsible Party.Comments: 01/25/2012Completed Date: Amendment - Order/AgreementCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Requestor on 7/15/2021 File reviewed by PM and response to Public Record Request sent toComments: 07/15/2021Completed Date: Information Request LetterCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: US EPA enters it into their database. Final Site Screen and GIS package will be available from US EPA afterComments: 06/09/2016Completed Date: Site ScreeningCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 03/11/2009Completed Date: Technical ReportCompleted Document Type: Not reportedCompleted Sub Area Name: COMMERCIAL ELECTROPLATERS (Continued) S100833189 TC7210538.2s Page 40 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: completeComments: 08/30/2017Completed Date: CorrespondenceCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: PM CHANGE LETTERComments: 05/27/2016Completed Date: CorrespondenceCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: FACILITY IDENTIFIED FROM RWQCB FILES.Comments: 03/05/1982Completed Date: * DiscoveryCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: perform a Preliminary Endangerment Assessment for the site. Imminent and Substantial Endangerment Order issued to require RP toComments: 10/17/2001Completed Date: Unilateral Order (I/SE, RAO, CAO, EPA AO)Completed Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 10/15/2009Completed Date: CorrespondenceCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 09/10/2021Completed Date: Annual Oversight Cost EstimateCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 11/03/2021Completed Date: Proposed Determination of non-complianceCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: completedComments: 08/17/2020Completed Date: Ability To PayCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 03/20/2020Completed Date: CorrespondenceCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: COMMERCIAL ELECTROPLATERS (Continued) S100833189 TC7210538.2s Page 41 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation 08/10/2012Completed Date: FieldworkCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: completedComments: 09/15/2020Completed Date: Annual Oversight Cost EstimateCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: completedComments: 10/02/2019Completed Date: Annual Oversight Cost EstimateCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 09/18/2018Completed Date: Annual Oversight Cost EstimateCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: completeComments: 09/26/2017Completed Date: Annual Oversight Cost EstimateCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: completeComments: 09/14/2016Completed Date: CorrespondenceCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: update - incompleteComments: 02/22/2017Completed Date: Remedial Investigation ReportCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: SITE SCREENING DONE. PA REQUIRED.Comments: 01/26/1987Completed Date: Site ScreeningCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: ASSESSMENT. SITE SCREENING DONE. SITE REQUIRES PRELIMINARY ENDANGERMENTComments: 01/16/1990Completed Date: Site ScreeningCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Letter completed and sent to RP and RP’s attorneyComments: 04/02/2020Completed Date: Ability To PayCompleted Document Type: COMMERCIAL ELECTROPLATERS (Continued) S100833189 TC7210538.2s Page 42 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation CAN000905729Alias Name: APNAlias Type: 32815028Alias Name: APNAlias Type: 328-150-028Alias Name: Alternate NameAlias Type: COMMERCIAL ELECTROPLATINGAlias Name: AQUI, SOILPotential Description: Cadmium and compounds Chromium VI Cyanide (freeConfirmed COC: Cadmium and compounds Chromium VI Cyanide (freePotential COC: METAL PLATING - CHROME, METAL PLATING - OTHERPast Use: 328-150-028, 32815028APN: -119.7920Longitude: 36.69436Latitude: Responsible PartyFunding: NONE SPECIFIEDSite Mgmt Req: NORestricted Use: Not reportedSpecial Program: 14Senate: 31Assembly: Northern California Schools & Santa SusanaDivision Branch: Lora JamesonSupervisor: Melessia DownhamProgram Manager: SMBRPLead Agency: SMBRPRegulatory Agencies: NONPL: 2.28Acres: State Response or NPLSite Type Detailed: State ResponseSite Type: 102259Site Code: 04/28/1993Status Date: ActiveStatus: 10340074Facility ID: FRESNO, CA 93706City,State,Zip: 2940 SOUTH ELM AVENUEAddress: COMMERCIAL ELECTROPLATERSName: ENVIROSTOR: Not reportedSchedule Revised Date: Not reportedSchedule Due Date: Not reportedSchedule Document Type: Not reportedSchedule Sub Area Name: Not reportedSchedule Area Name: Not reportedFuture Due Date: Not reportedFuture Document Type: Not reportedFuture Sub Area Name: Not reportedFuture Area Name: Not reportedComments: 08/15/2018Completed Date: Remedial Investigation WorkplanCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: of field work. on 8/10/2012. This was last last a activity scheduled for this phase Attempt to collect a deeper discrete groundwater sample was completedComments: COMMERCIAL ELECTROPLATERS (Continued)S100833189 TC7210538.2s Page 43 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Letter - NoticeCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Order modification was sent on 1/25/2012 to Responsible Party.Comments: 01/25/2012Completed Date: Amendment - Order/AgreementCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Requestor on 7/15/2021 File reviewed by PM and response to Public Record Request sent toComments: 07/15/2021Completed Date: Information Request LetterCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: US EPA enters it into their database. Final Site Screen and GIS package will be available from US EPA afterComments: 06/09/2016Completed Date: Site ScreeningCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 03/11/2009Completed Date: Technical ReportCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: approved with contingencies. installation and sampling of two additional monitoring wells was Workplan for collection of additional soil samples and forComments: 03/02/2006Completed Date: Remedial Investigation WorkplanCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Field work for characterization work completed in November 2006.Comments: 11/28/2006Completed Date: FieldworkCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Completed Info: Envirostor ID NumberAlias Type: 10340074Alias Name: Project Code (Site Code)Alias Type: 102259Alias Name: Project Code (Site Code)Alias Type: 100044Alias Name: PCodeAlias Type: 100044Alias Name: GeoTracker Global IDAlias Type: SLT5FR074362Alias Name: EPA (FRS #)Alias Type: 110033613524Alias Name: EPA Identification NumberAlias Type: COMMERCIAL ELECTROPLATERS (Continued) S100833189 TC7210538.2s Page 44 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation CorrespondenceCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 09/10/2021Completed Date: Annual Oversight Cost EstimateCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 11/03/2021Completed Date: Proposed Determination of non-complianceCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: completedComments: 08/17/2020Completed Date: Ability To PayCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 03/20/2020Completed Date: CorrespondenceCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 06/30/2021Completed Date: Project ManagementCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Groundwater Monitoring Report 3rd. QuarterComments: 03/11/2009Completed Date: Technical ReportCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 06/05/2012Completed Date: Remedial Investigation WorkplanCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: work was requested by DTSC. cadmium, hexavalent chromium and cyanide in groundwater. Additional contamination in surface soils in the former sump area, and also PEA indicated presence of cadmium and hexavalent chromiumComments: 05/12/2004Completed Date: Preliminary Endangerment Assessment ReportCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Oversight cost estimate letter is dated 12/16/2009.Comments: 12/16/2009Completed Date: COMMERCIAL ELECTROPLATERS (Continued) S100833189 TC7210538.2s Page 45 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation 09/14/2016Completed Date: CorrespondenceCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: update - incompleteComments: 02/22/2017Completed Date: Remedial Investigation ReportCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: SITE SCREENING DONE. PA REQUIRED.Comments: 01/26/1987Completed Date: Site ScreeningCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: ASSESSMENT. SITE SCREENING DONE. SITE REQUIRES PRELIMINARY ENDANGERMENTComments: 01/16/1990Completed Date: Site ScreeningCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Letter completed and sent to RP and RP’s attorneyComments: 04/02/2020Completed Date: Ability To PayCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: completeComments: 08/30/2017Completed Date: CorrespondenceCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: PM CHANGE LETTERComments: 05/27/2016Completed Date: CorrespondenceCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: FACILITY IDENTIFIED FROM RWQCB FILES.Comments: 03/05/1982Completed Date: * DiscoveryCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: perform a Preliminary Endangerment Assessment for the site. Imminent and Substantial Endangerment Order issued to require RP toComments: 10/17/2001Completed Date: Unilateral Order (I/SE, RAO, CAO, EPA AO)Completed Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 10/15/2009Completed Date: COMMERCIAL ELECTROPLATERS (Continued) S100833189 TC7210538.2s Page 46 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation agreement with the responsible parties. DHS has budgeted $50,000 for DHS will be issuing a remedial action order or entering into an enforceableProject Revenue Source Desc: Not reportedProject Revenue Source City,St,Zip: Not reportedProject Revenue Source Addr: Not reportedProject Revenue Source Company: RESPONSIBLE PARTY-LEAD SITE CLEANUP WORKPLANReponsible Party: CA BOND EXP. PLAN: Not reportedSchedule Revised Date: Not reportedSchedule Due Date: Not reportedSchedule Document Type: Not reportedSchedule Sub Area Name: Not reportedSchedule Area Name: Not reportedFuture Due Date: Not reportedFuture Document Type: Not reportedFuture Sub Area Name: Not reportedFuture Area Name: Not reportedComments: 08/15/2018Completed Date: Remedial Investigation WorkplanCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: of field work. on 8/10/2012. This was last last a activity scheduled for this phase Attempt to collect a deeper discrete groundwater sample was completedComments: 08/10/2012Completed Date: FieldworkCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: completedComments: 09/15/2020Completed Date: Annual Oversight Cost EstimateCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: completedComments: 10/02/2019Completed Date: Annual Oversight Cost EstimateCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Not reportedComments: 09/18/2018Completed Date: Annual Oversight Cost EstimateCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: completeComments: 09/26/2017Completed Date: Annual Oversight Cost EstimateCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: completeComments: COMMERCIAL ELECTROPLATERS (Continued) S100833189 TC7210538.2s Page 47 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Haz Waste & Substances SitesFile Name: Not reportedWaste Management Uit Name: Not reportedSolid Waste Id No: Not reportedWID Id: Not reportedRegion 2: Not reportedEffective Date: Not reportedWaste Discharge System No: Not reportedOrder No: envirostorFlag: Not reportedSwat R: Not reportedEnf Type: Not reportedOwner: -119.79200Longitude: 36.694369Latitude: 100044, 102259Site Code: 04/28/1993Status Date: ACTIVECleanup Status: STATE RESPONSESite/Facility Type: Not reportedGlobal ID: 10340074Envirostor Id: CORTESERegion: FRESNO, CA 93706City,State,Zip: 2940 SOUTH ELM AVENUEAddress: COMMERCIAL ELECTROPLATERSName: CORTESE: preliminary assessment. Interim remedial measures have been implemented. The site is pending aSite Activity Status: water contamination is suspected but not confirmed. Drinking water supplies are threatened by contamination from this site. GroundThreat To Public Health & Env: Cadmium cyanide and zinc cyanide have been found onsite.Hazardous Waste Desc: water from the aquiferbelow the facility. landfarmed onsite. Seven municipal water wells serving the City of Fresno draw concrete-walled containment tank and an informal surface impoundment were This site was used by an electroplating company. Liquid waste stored in aSite Description: activities. parties will pay all costs associated with remedial investigations and cleanup costs plus staff costs and overhead related to the project. The responsible oversight/monitoring of cleanup efforts. DHS will recover 100 percent of direct COMMERCIAL ELECTROPLATERS (Continued) S100833189 Not reportedAcres: * HistoricalSite Type Detailed: HistoricalSite Type: Not reportedSite Code: 08/19/1993Status Date: Refer: RWQCBStatus: 10280175Facility ID: FRESNO, CA 93706City,State,Zip: 2882 EAST ANNADALE AVENUEAddress: CHEVRON CHEMICAL, FRESNOName: ENVIROSTOR: 4224 ft. 0.800 mi. Relative: Higher Actual: 282 ft. 1/2-1 FRESNO, CA 92028 NNE Notify 652882 EAST ANNADALE AVE N/A 18 ENVIROSTORCHEVRON CHEMICAL COMPANY U000049667 TC7210538.2s Page 48 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Site ScreeningCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: FACILITY IDENTIFIED FROM PHONE BOOK.Comments: 03/05/1982Completed Date: * DiscoveryCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: oversight of the RWQCB. statute of limitations date). The surrounding area is under the available. January 1 is used because it represents the earliest The Certification year was 1984 (Month and day information was not Activity was approved by the Surveillance and Enforcement Program. In 1982, an unspecified amount of contaminated soil was removed.Comments: 01/01/1984Completed Date: CertificationCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: "decertified" and the previous certification is a removal action. Site referred to RWQCB. Based on this referral, the site isComments: 08/19/1993Completed Date: De-CertificationCompleted Document Type: Not reportedCompleted Sub Area Name: PROJECT WIDECompleted Area Name: Completed Info: Envirostor ID NumberAlias Type: 10280175Alias Name: HWTS Identification CodeAlias Type: CAD000625582Alias Name: EPA (FRS #)Alias Type: 110002626793Alias Name: EPA Identification NumberAlias Type: CAD000625582Alias Name: Alternate NameAlias Type: CHEVRON CHEMICAL, FRESNO-RAAlias Name: NONE SPECIFIEDPotential Description: NONE SPECIFIEDConfirmed COC: NONE SPECIFIEDPotential COC: NONE SPECIFIEDPast Use: NONE SPECIFIEDAPN: -119.7770Longitude: 36.69869Latitude: Not reportedFunding: NONE SPECIFIEDSite Mgmt Req: NORestricted Use: Not reportedSpecial Program: 14Senate: 31Assembly: Cleanup SacramentoDivision Branch: Referred - Not AssignedSupervisor: Not reportedProgram Manager: NONE SPECIFIEDLead Agency: NONE SPECIFIEDRegulatory Agencies: NONPL: CHEVRON CHEMICAL COMPANY (Continued) U000049667 TC7210538.2s Page 49 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation Not reportedStatus: Not reportedGlobal ID: Not reportedIncident Description: Not reportedIssue Date: Not reportedDischarge Date: Not reportedFacility Type: Not reportedBoard File Number: Not reportedStaff Initials: Not reportedDate Reported: FRESNO, CA 92028City,State,Zip: 2882 EAST ANNADALE AVEAddress: CHEVRON CHEMICAL COMPANYName: NOTIFY 65: Not reportedSchedule Revised Date: Not reportedSchedule Due Date: Not reportedSchedule Document Type: Not reportedSchedule Sub Area Name: Not reportedSchedule Area Name: Not reportedFuture Due Date: Not reportedFuture Document Type: Not reportedFuture Sub Area Name: Not reportedFuture Area Name: are not in need of DTSC assistance. investigation including contaminated soils. They are lead agency and Site Sreeening done; RWQCB is overseeing the cleanup andComments: 09/26/1990Completed Date: CHEVRON CHEMICAL COMPANY (Continued) U000049667 TC7210538.2s Page 50 ORPHAN SUMMARYCityEDR IDSite NameSite AddressZipDatabase(s)Count: 0 records.NO SITES FOUNDTC7210538.2s Page 51 To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required. Number of Days to Update:Provides confirmation that EDR is reporting records that have been updated within 90 days from the date the government agency made the information available to the public. STANDARD ENVIRONMENTAL RECORDS Lists of Federal NPL (Superfund) sites NPL: National Priority List National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA’s Environmental Photographic Interpretation Center (EPIC) and regional EPA offices. Date of Government Version: 10/27/2022 Date Data Arrived at EDR: 11/01/2022 Date Made Active in Reports: 11/15/2022 Number of Days to Update: 14 Source: EPA Telephone: N/A Last EDR Contact: 12/01/2022 Next Scheduled EDR Contact: 01/09/2023 Data Release Frequency: Quarterly NPL Site Boundaries Sources: EPA’s Environmental Photographic Interpretation Center (EPIC) Telephone: 202-564-7333 EPA Region 1 EPA Region 6 Telephone 617-918-1143 Telephone: 214-655-6659 EPA Region 3 EPA Region 7 Telephone 215-814-5418 Telephone: 913-551-7247 EPA Region 4 EPA Region 8 Telephone 404-562-8033 Telephone: 303-312-6774 EPA Region 5 EPA Region 9 Telephone 312-886-6686 Telephone: 415-947-4246 EPA Region 10 Telephone 206-553-8665 Proposed NPL: Proposed National Priority List Sites A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule in the Federal Register. EPA then accepts public comments on the site, responds to the comments, and places on the NPL those sites that continue to meet the requirements for listing. Date of Government Version: 10/27/2022 Date Data Arrived at EDR: 11/01/2022 Date Made Active in Reports: 11/15/2022 Number of Days to Update: 14 Source: EPA Telephone: N/A Last EDR Contact: 12/01/2022 Next Scheduled EDR Contact: 01/09/2023 Data Release Frequency: Quarterly NPL LIENS: Federal Superfund Liens Federal Superfund Liens. Under the authority granted the USEPA by CERCLA of 1980, the USEPA has the authority to file liens against real property in order to recover remedial action expenditures or when the property owner received notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens. TC7210538.2s Page GR-1 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 10/15/1991 Date Data Arrived at EDR: 02/02/1994 Date Made Active in Reports: 03/30/1994 Number of Days to Update: 56 Source: EPA Telephone: 202-564-4267 Last EDR Contact: 08/15/2011 Next Scheduled EDR Contact: 11/28/2011 Data Release Frequency: No Update Planned Lists of Federal Delisted NPL sites Delisted NPL: National Priority List Deletions The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 10/27/2022 Date Data Arrived at EDR: 11/01/2022 Date Made Active in Reports: 11/15/2022 Number of Days to Update: 14 Source: EPA Telephone: N/A Last EDR Contact: 12/01/2022 Next Scheduled EDR Contact: 01/09/2023 Data Release Frequency: Quarterly Lists of Federal sites subject to CERCLA removals and CERCLA orders FEDERAL FACILITY: Federal Facility Site Information listing A listing of National Priority List (NPL) and Base Realignment and Closure (BRAC) sites found in the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) Database where EPA Federal Facilities Restoration and Reuse Office is involved in cleanup activities. Date of Government Version: 08/25/2022 Date Data Arrived at EDR: 09/06/2022 Date Made Active in Reports: 12/05/2022 Number of Days to Update: 90 Source: Environmental Protection Agency Telephone: 703-603-8704 Last EDR Contact: 12/21/2022 Next Scheduled EDR Contact: 04/10/2023 Data Release Frequency: Varies SEMS: Superfund Enterprise Management System SEMS (Superfund Enterprise Management System) tracks hazardous waste sites, potentially hazardous waste sites, and remedial activities performed in support of EPA’s Superfund Program across the United States. The list was formerly know as CERCLIS, renamed to SEMS by the EPA in 2015. The list contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This dataset also contains sites which are either proposed to or on the National Priorities List (NPL) and the sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version: 10/27/2022 Date Data Arrived at EDR: 11/01/2022 Date Made Active in Reports: 11/15/2022 Number of Days to Update: 14 Source: EPA Telephone: 800-424-9346 Last EDR Contact: 12/01/2022 Next Scheduled EDR Contact: 01/23/2023 Data Release Frequency: Quarterly Lists of Federal CERCLA sites with NFRAP SEMS-ARCHIVE: Superfund Enterprise Management System Archive TC7210538.2s Page GR-2 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING SEMS-ARCHIVE (Superfund Enterprise Management System Archive) tracks sites that have no further interest under the Federal Superfund Program based on available information. The list was formerly known as the CERCLIS-NFRAP, renamed to SEMS ARCHIVE by the EPA in 2015. EPA may perform a minimal level of assessment work at a site while it is archived if site conditions change and/or new information becomes available. Archived sites have been removed and archived from the inventory of SEMS sites. Archived status indicates that, to the best of EPA’s knowledge, assessment at a site has been completed and that EPA has determined no further steps will be taken to list the site on the National Priorities List (NPL), unless information indicates this decision was not appropriate or other considerations require a recommendation for listing at a later time. The decision does not necessarily mean that there is no hazard associated with a given site; it only means that. based upon available information, the location is not judged to be potential NPL site. Date of Government Version: 10/27/2022 Date Data Arrived at EDR: 11/01/2022 Date Made Active in Reports: 11/15/2022 Number of Days to Update: 14 Source: EPA Telephone: 800-424-9346 Last EDR Contact: 12/01/2022 Next Scheduled EDR Contact: 01/23/2023 Data Release Frequency: Quarterly Lists of Federal RCRA facilities undergoing Corrective Action CORRACTS: Corrective Action Report CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 11/21/2022 Date Data Arrived at EDR: 11/21/2022 Date Made Active in Reports: 12/05/2022 Number of Days to Update: 14 Source: EPA Telephone: 800-424-9346 Last EDR Contact: 12/21/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly Lists of Federal RCRA TSD facilities RCRA-TSDF: RCRA - Treatment, Storage and Disposal RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste. Date of Government Version: 11/21/2022 Date Data Arrived at EDR: 11/21/2022 Date Made Active in Reports: 12/05/2022 Number of Days to Update: 14 Source: Environmental Protection Agency Telephone: (415) 495-8895 Last EDR Contact: 12/21/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly Lists of Federal RCRA generators RCRA-LQG: RCRA - Large Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Large quantity generators (LQGs) generate over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month. Date of Government Version: 11/21/2022 Date Data Arrived at EDR: 11/21/2022 Date Made Active in Reports: 12/05/2022 Number of Days to Update: 14 Source: Environmental Protection Agency Telephone: (415) 495-8895 Last EDR Contact: 12/21/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly TC7210538.2s Page GR-3 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING RCRA-SQG: RCRA - Small Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Small quantity generators (SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month. Date of Government Version: 11/21/2022 Date Data Arrived at EDR: 11/21/2022 Date Made Active in Reports: 12/05/2022 Number of Days to Update: 14 Source: Environmental Protection Agency Telephone: (415) 495-8895 Last EDR Contact: 12/21/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly RCRA-VSQG: RCRA - Very Small Quantity Generators (Formerly Conditionally Exempt Small Quantity Generators) RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Very small quantity generators (VSQGs) generate less than 100 kg of hazardous waste, or less than 1 kg of acutely hazardous waste per month. Date of Government Version: 11/21/2022 Date Data Arrived at EDR: 11/21/2022 Date Made Active in Reports: 12/05/2022 Number of Days to Update: 14 Source: Environmental Protection Agency Telephone: (415) 495-8895 Last EDR Contact: 12/21/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly Federal institutional controls / engineering controls registries LUCIS: Land Use Control Information System LUCIS contains records of land use control information pertaining to the former Navy Base Realignment and Closure properties. Date of Government Version: 08/16/2022 Date Data Arrived at EDR: 08/22/2022 Date Made Active in Reports: 10/24/2022 Number of Days to Update: 63 Source: Department of the Navy Telephone: 843-820-7326 Last EDR Contact: 11/01/2022 Next Scheduled EDR Contact: 02/20/2023 Data Release Frequency: Varies US ENG CONTROLS: Engineering Controls Sites List A listing of sites with engineering controls in place. Engineering controls include various forms of caps, building foundations, liners, and treatment methods to create pathway elimination for regulated substances to enter environmental media or effect human health. Date of Government Version: 08/15/2022 Date Data Arrived at EDR: 08/17/2022 Date Made Active in Reports: 10/24/2022 Number of Days to Update: 68 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 11/16/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: Varies US INST CONTROLS: Institutional Controls Sites List A listing of sites with institutional controls in place. Institutional controls include administrative measures, such as groundwater use restrictions, construction restrictions, property use restrictions, and post remediation care requirements intended to prevent exposure to contaminants remaining on site. Deed restrictions are generally required as part of the institutional controls. Date of Government Version: 08/15/2022 Date Data Arrived at EDR: 08/17/2022 Date Made Active in Reports: 10/24/2022 Number of Days to Update: 68 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 11/16/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: Varies TC7210538.2s Page GR-4 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Federal ERNS list ERNS: Emergency Response Notification System Emergency Response Notification System. ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version: 12/12/2022 Date Data Arrived at EDR: 12/14/2022 Date Made Active in Reports: 12/19/2022 Number of Days to Update: 5 Source: National Response Center, United States Coast Guard Telephone: 202-267-2180 Last EDR Contact: 12/14/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly Lists of state- and tribal (Superfund) equivalent sites RESPONSE: State Response Sites Identifies confirmed release sites where DTSC is involved in remediation, either in a lead or oversight capacity. These confirmed release sites are generally high-priority and high potential risk. Date of Government Version: 07/25/2022 Date Data Arrived at EDR: 07/25/2022 Date Made Active in Reports: 10/05/2022 Number of Days to Update: 72 Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 10/24/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Quarterly Lists of state- and tribal hazardous waste facilities ENVIROSTOR: EnviroStor Database The Department of Toxic Substances Control’s (DTSC’s) Site Mitigation and Brownfields Reuse Program’s (SMBRP’s) EnviroStor database identifes sites that have known contamination or sites for which there may be reasons to investigate further. The database includes the following site types: Federal Superfund sites (National Priorities List (NPL)); State Response, including Military Facilities and State Superfund; Voluntary Cleanup; and School sites. EnviroStor provides similar information to the information that was available in CalSites, and provides additional site information, including, but not limited to, identification of formerly-contaminated properties that have been released for reuse, properties where environmental deed restrictions have been recorded to prevent inappropriate land uses, and risk characterization information that is used to assess potential impacts to public health and the environment at contaminated sites. Date of Government Version: 07/25/2022 Date Data Arrived at EDR: 07/25/2022 Date Made Active in Reports: 10/05/2022 Number of Days to Update: 72 Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 10/24/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Quarterly Lists of state and tribal landfills and solid waste disposal facilities SWF/LF (SWIS): Solid Waste Information System Active, Closed and Inactive Landfills. SWF/LF records typically contain an inve ntory of solid waste disposal facilities or landfills. These may be active or i nactive facilities or open dumps that failed to meet RCRA Section 4004 criteria for solid waste landfills or disposal sites. Date of Government Version: 08/08/2022 Date Data Arrived at EDR: 08/08/2022 Date Made Active in Reports: 10/20/2022 Number of Days to Update: 73 Source: Department of Resources Recycling and Recovery Telephone: 916-341-6320 Last EDR Contact: 11/03/2022 Next Scheduled EDR Contact: 02/20/2023 Data Release Frequency: Quarterly Lists of state and tribal leaking storage tanks TC7210538.2s Page GR-5 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING LUST REG 9: Leaking Underground Storage Tank Report Orange, Riverside, San Diego counties. For more current information, please refer to the State Water Resources Control Board’s LUST database. Date of Government Version: 03/01/2001 Date Data Arrived at EDR: 04/23/2001 Date Made Active in Reports: 05/21/2001 Number of Days to Update: 28 Source: California Regional Water Quality Control Board San Diego Region (9) Telephone: 858-637-5595 Last EDR Contact: 09/26/2011 Next Scheduled EDR Contact: 01/09/2012 Data Release Frequency: No Update Planned LUST: Leaking Underground Fuel Tank Report (GEOTRACKER) Leaking Underground Storage Tank (LUST) Sites included in GeoTracker. GeoTracker is the Water Boards data management system for sites that impact, or have the potential to impact, water quality in California, with emphasis on groundwater. Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Resources Control Board Telephone: see region list Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Quarterly LUST REG 6L: Leaking Underground Storage Tank Case Listing For more current information, please refer to the State Water Resources Control Board’s LUST database. Date of Government Version: 09/09/2003 Date Data Arrived at EDR: 09/10/2003 Date Made Active in Reports: 10/07/2003 Number of Days to Update: 27 Source: California Regional Water Quality Control Board Lahontan Region (6) Telephone: 530-542-5572 Last EDR Contact: 09/12/2011 Next Scheduled EDR Contact: 12/26/2011 Data Release Frequency: No Update Planned LUST REG 8: Leaking Underground Storage Tanks California Regional Water Quality Control Board Santa Ana Region (8). For more current information, please refer to the State Water Resources Control Board’s LUST database. Date of Government Version: 02/14/2005 Date Data Arrived at EDR: 02/15/2005 Date Made Active in Reports: 03/28/2005 Number of Days to Update: 41 Source: California Regional Water Quality Control Board Santa Ana Region (8) Telephone: 909-782-4496 Last EDR Contact: 08/15/2011 Next Scheduled EDR Contact: 11/28/2011 Data Release Frequency: No Update Planned LUST REG 7: Leaking Underground Storage Tank Case Listing Leaking Underground Storage Tank locations. Imperial, Riverside, San Diego, Santa Barbara counties. Date of Government Version: 02/26/2004 Date Data Arrived at EDR: 02/26/2004 Date Made Active in Reports: 03/24/2004 Number of Days to Update: 27 Source: California Regional Water Quality Control Board Colorado River Basin Region (7) Telephone: 760-776-8943 Last EDR Contact: 08/01/2011 Next Scheduled EDR Contact: 11/14/2011 Data Release Frequency: No Update Planned LUST REG 5: Leaking Underground Storage Tank Database Leaking Underground Storage Tank locations. Alameda, Alpine, Amador, Butte, Colusa, Contra Costa, Calveras, El Dorado, Fresno, Glenn, Kern, Kings, Lake, Lassen, Madera, Mariposa, Merced, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Solano, Stanislaus, Sutter, Tehama, Tulare, Tuolumne, Yolo, Yuba counties. Date of Government Version: 07/01/2008 Date Data Arrived at EDR: 07/22/2008 Date Made Active in Reports: 07/31/2008 Number of Days to Update: 9 Source: California Regional Water Quality Control Board Central Valley Region (5) Telephone: 916-464-4834 Last EDR Contact: 07/01/2011 Next Scheduled EDR Contact: 10/17/2011 Data Release Frequency: No Update Planned TC7210538.2s Page GR-6 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING LUST REG 4: Underground Storage Tank Leak List Los Angeles, Ventura counties. For more current information, please refer to the State Water Resources Control Board’s LUST database. Date of Government Version: 09/07/2004 Date Data Arrived at EDR: 09/07/2004 Date Made Active in Reports: 10/12/2004 Number of Days to Update: 35 Source: California Regional Water Quality Control Board Los Angeles Region (4) Telephone: 213-576-6710 Last EDR Contact: 09/06/2011 Next Scheduled EDR Contact: 12/19/2011 Data Release Frequency: No Update Planned LUST REG 3: Leaking Underground Storage Tank Database Leaking Underground Storage Tank locations. Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz counties. Date of Government Version: 05/19/2003 Date Data Arrived at EDR: 05/19/2003 Date Made Active in Reports: 06/02/2003 Number of Days to Update: 14 Source: California Regional Water Quality Control Board Central Coast Region (3) Telephone: 805-542-4786 Last EDR Contact: 07/18/2011 Next Scheduled EDR Contact: 10/31/2011 Data Release Frequency: No Update Planned LUST REG 2: Fuel Leak List Leaking Underground Storage Tank locations. Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, Sonoma counties. Date of Government Version: 09/30/2004 Date Data Arrived at EDR: 10/20/2004 Date Made Active in Reports: 11/19/2004 Number of Days to Update: 30 Source: California Regional Water Quality Control Board San Francisco Bay Region (2) Telephone: 510-622-2433 Last EDR Contact: 09/19/2011 Next Scheduled EDR Contact: 01/02/2012 Data Release Frequency: No Update Planned LUST REG 1: Active Toxic Site Investigation Del Norte, Humboldt, Lake, Mendocino, Modoc, Siskiyou, Sonoma, Trinity counties. For more current information, please refer to the State Water Resources Control Board’s LUST database. Date of Government Version: 02/01/2001 Date Data Arrived at EDR: 02/28/2001 Date Made Active in Reports: 03/29/2001 Number of Days to Update: 29 Source: California Regional Water Quality Control Board North Coast (1) Telephone: 707-570-3769 Last EDR Contact: 08/01/2011 Next Scheduled EDR Contact: 11/14/2011 Data Release Frequency: No Update Planned LUST REG 6V: Leaking Underground Storage Tank Case Listing Leaking Underground Storage Tank locations. Inyo, Kern, Los Angeles, Mono, San Bernardino counties. Date of Government Version: 06/07/2005 Date Data Arrived at EDR: 06/07/2005 Date Made Active in Reports: 06/29/2005 Number of Days to Update: 22 Source: California Regional Water Quality Control Board Victorville Branch Office (6) Telephone: 760-241-7365 Last EDR Contact: 09/12/2011 Next Scheduled EDR Contact: 12/26/2011 Data Release Frequency: No Update Planned INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Florida, Mississippi and North Carolina. Date of Government Version: 06/02/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/31/2022 Number of Days to Update: 79 Source: EPA Region 4 Telephone: 404-562-8677 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN LUST R5: Leaking Underground Storage Tanks on Indian Land Leaking underground storage tanks located on Indian Land in Michigan, Minnesota and Wisconsin. TC7210538.2s Page GR-7 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 04/11/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: EPA, Region 5 Telephone: 312-886-7439 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN LUST R6: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in New Mexico and Oklahoma. Date of Government Version: 04/28/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: EPA Region 6 Telephone: 214-665-6597 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN LUST R10: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Alaska, Idaho, Oregon and Washington. Date of Government Version: 04/20/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN LUST R8: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming. Date of Government Version: 04/20/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: EPA Region 8 Telephone: 303-312-6271 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN LUST R1: Leaking Underground Storage Tanks on Indian Land A listing of leaking underground storage tank locations on Indian Land. Date of Government Version: 04/28/2021 Date Data Arrived at EDR: 06/11/2021 Date Made Active in Reports: 09/07/2021 Number of Days to Update: 88 Source: EPA Region 1 Telephone: 617-918-1313 Last EDR Contact: 10/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Arizona, California, New Mexico and Nevada Date of Government Version: 04/08/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: Environmental Protection Agency Telephone: 415-972-3372 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Iowa, Kansas, and Nebraska Date of Government Version: 04/14/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies TC7210538.2s Page GR-8 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING CPS-SLIC: Statewide SLIC Cases (GEOTRACKER) Cleanup Program Sites (CPS; also known as Site Cleanups [SC] and formerly known as Spills, Leaks, Investigations, and Cleanups [SLIC] sites) included in GeoTracker. GeoTracker is the Water Boards data management system for sites that impact, or have the potential to impact, water quality in California, with emphasis on groundwater. Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Resources Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies SLIC REG 1: Active Toxic Site Investigations The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 04/03/2003 Date Data Arrived at EDR: 04/07/2003 Date Made Active in Reports: 04/25/2003 Number of Days to Update: 18 Source: California Regional Water Quality Control Board, North Coast Region (1) Telephone: 707-576-2220 Last EDR Contact: 08/01/2011 Next Scheduled EDR Contact: 11/14/2011 Data Release Frequency: No Update Planned SLIC REG 2: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 09/30/2004 Date Data Arrived at EDR: 10/20/2004 Date Made Active in Reports: 11/19/2004 Number of Days to Update: 30 Source: Regional Water Quality Control Board San Francisco Bay Region (2) Telephone: 510-286-0457 Last EDR Contact: 09/19/2011 Next Scheduled EDR Contact: 01/02/2012 Data Release Frequency: No Update Planned SLIC REG 3: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 05/18/2006 Date Data Arrived at EDR: 05/18/2006 Date Made Active in Reports: 06/15/2006 Number of Days to Update: 28 Source: California Regional Water Quality Control Board Central Coast Region (3) Telephone: 805-549-3147 Last EDR Contact: 07/18/2011 Next Scheduled EDR Contact: 10/31/2011 Data Release Frequency: No Update Planned SLIC REG 4: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 11/17/2004 Date Data Arrived at EDR: 11/18/2004 Date Made Active in Reports: 01/04/2005 Number of Days to Update: 47 Source: Region Water Quality Control Board Los Angeles Region (4) Telephone: 213-576-6600 Last EDR Contact: 07/01/2011 Next Scheduled EDR Contact: 10/17/2011 Data Release Frequency: No Update Planned SLIC REG 5: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 04/01/2005 Date Data Arrived at EDR: 04/05/2005 Date Made Active in Reports: 04/21/2005 Number of Days to Update: 16 Source: Regional Water Quality Control Board Central Valley Region (5) Telephone: 916-464-3291 Last EDR Contact: 09/12/2011 Next Scheduled EDR Contact: 12/26/2011 Data Release Frequency: No Update Planned TC7210538.2s Page GR-9 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING SLIC REG 6V: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 05/24/2005 Date Data Arrived at EDR: 05/25/2005 Date Made Active in Reports: 06/16/2005 Number of Days to Update: 22 Source: Regional Water Quality Control Board, Victorville Branch Telephone: 619-241-6583 Last EDR Contact: 08/15/2011 Next Scheduled EDR Contact: 11/28/2011 Data Release Frequency: No Update Planned SLIC REG 6L: SLIC Sites The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 09/07/2004 Date Data Arrived at EDR: 09/07/2004 Date Made Active in Reports: 10/12/2004 Number of Days to Update: 35 Source: California Regional Water Quality Control Board, Lahontan Region Telephone: 530-542-5574 Last EDR Contact: 08/15/2011 Next Scheduled EDR Contact: 11/28/2011 Data Release Frequency: No Update Planned SLIC REG 7: SLIC List The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 11/24/2004 Date Data Arrived at EDR: 11/29/2004 Date Made Active in Reports: 01/04/2005 Number of Days to Update: 36 Source: California Regional Quality Control Board, Colorado River Basin Region Telephone: 760-346-7491 Last EDR Contact: 08/01/2011 Next Scheduled EDR Contact: 11/14/2011 Data Release Frequency: No Update Planned SLIC REG 8: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 04/03/2008 Date Data Arrived at EDR: 04/03/2008 Date Made Active in Reports: 04/14/2008 Number of Days to Update: 11 Source: California Region Water Quality Control Board Santa Ana Region (8) Telephone: 951-782-3298 Last EDR Contact: 09/12/2011 Next Scheduled EDR Contact: 12/26/2011 Data Release Frequency: No Update Planned SLIC REG 9: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 09/10/2007 Date Data Arrived at EDR: 09/11/2007 Date Made Active in Reports: 09/28/2007 Number of Days to Update: 17 Source: California Regional Water Quality Control Board San Diego Region (9) Telephone: 858-467-2980 Last EDR Contact: 08/08/2011 Next Scheduled EDR Contact: 11/21/2011 Data Release Frequency: No Update Planned Lists of state and tribal registered storage tanks FEMA UST: Underground Storage Tank Listing A listing of all FEMA owned underground storage tanks. Date of Government Version: 10/14/2021 Date Data Arrived at EDR: 11/05/2021 Date Made Active in Reports: 02/01/2022 Number of Days to Update: 88 Source: FEMA Telephone: 202-646-5797 Last EDR Contact: 09/27/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies TC7210538.2s Page GR-10 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING UST CLOSURE: Proposed Closure of Underground Storage Tank (UST) Cases UST cases that are being considered for closure by either the State Water Resources Control Board or the Executive Director have been posted for a 60-day public comment period. UST Case Closures being proposed for consideration by the State Water Resources Control Board. These are primarily UST cases that meet closure criteria under the decisional framework in State Water Board Resolution No. 92-49 and other Board orders. UST Case Closures proposed for consideration by the Executive Director pursuant to State Water Board Resolution No. 2012-0061. These are cases that meet the criteria of the Low-Threat UST Case Closure Policy. UST Case Closure Review Denials and Approved Orders. Date of Government Version: 08/24/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/21/2022 Number of Days to Update: 82 Source: State Water Resources Control Board Telephone: 916-327-7844 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies UST: Active UST Facilities Active UST facilities gathered from the local regulatory agencies Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/28/2022 Number of Days to Update: 89 Source: SWRCB Telephone: 916-341-5851 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Semi-Annually MILITARY UST SITES: Military UST Sites (GEOTRACKER) Military ust sites Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Resources Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies AST: Aboveground Petroleum Storage Tank Facilities A listing of aboveground storage tank petroleum storage tank locations. Date of Government Version: 07/06/2016 Date Data Arrived at EDR: 07/12/2016 Date Made Active in Reports: 09/19/2016 Number of Days to Update: 69 Source: California Environmental Protection Agency Telephone: 916-327-5092 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 03/27/2023 Data Release Frequency: Varies INDIAN UST R4: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and Tribal Nations) Date of Government Version: 06/02/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/31/2022 Number of Days to Update: 79 Source: EPA Region 4 Telephone: 404-562-9424 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN UST R10: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 10 (Alaska, Idaho, Oregon, Washington, and Tribal Nations). Date of Government Version: 04/20/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies TC7210538.2s Page GR-11 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING INDIAN UST R7: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 7 (Iowa, Kansas, Missouri, Nebraska, and 9 Tribal Nations). Date of Government Version: 04/14/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN UST R8: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 Tribal Nations). Date of Government Version: 04/20/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: EPA Region 8 Telephone: 303-312-6137 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN UST R9: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 9 (Arizona, California, Hawaii, Nevada, the Pacific Islands, and Tribal Nations). Date of Government Version: 04/08/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: EPA Region 9 Telephone: 415-972-3368 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN UST R1: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and ten Tribal Nations). Date of Government Version: 04/07/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: EPA, Region 1 Telephone: 617-918-1313 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN UST R6: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 6 (Louisiana, Arkansas, Oklahoma, New Mexico, Texas and 65 Tribes). Date of Government Version: 04/28/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: EPA Region 6 Telephone: 214-665-7591 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INDIAN UST R5: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 5 (Michigan, Minnesota and Wisconsin and Tribal Nations). Date of Government Version: 04/11/2022 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/16/2022 Number of Days to Update: 64 Source: EPA Region 5 Telephone: 312-886-6136 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies TC7210538.2s Page GR-12 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Lists of state and tribal voluntary cleanup sites VCP: Voluntary Cleanup Program Properties Contains low threat level properties with either confirmed or unconfirmed releases and the project proponents have request that DTSC oversee investigation and/or cleanup activities and have agreed to provide coverage for DTSC’s costs. Date of Government Version: 07/25/2022 Date Data Arrived at EDR: 07/25/2022 Date Made Active in Reports: 10/05/2022 Number of Days to Update: 72 Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 10/24/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Quarterly INDIAN VCP R7: Voluntary Cleanup Priority Lisitng A listing of voluntary cleanup priority sites located on Indian Land located in Region 7. Date of Government Version: 03/20/2008 Date Data Arrived at EDR: 04/22/2008 Date Made Active in Reports: 05/19/2008 Number of Days to Update: 27 Source: EPA, Region 7 Telephone: 913-551-7365 Last EDR Contact: 07/08/2021 Next Scheduled EDR Contact: 07/20/2009 Data Release Frequency: Varies INDIAN VCP R1: Voluntary Cleanup Priority Listing A listing of voluntary cleanup priority sites located on Indian Land located in Region 1. Date of Government Version: 07/27/2015 Date Data Arrived at EDR: 09/29/2015 Date Made Active in Reports: 02/18/2016 Number of Days to Update: 142 Source: EPA, Region 1 Telephone: 617-918-1102 Last EDR Contact: 12/13/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Varies Lists of state and tribal brownfield sites BROWNFIELDS: Considered Brownfieds Sites Listing A listing of sites the SWRCB considers to be Brownfields since these are sites have come to them through the MOA Process. Date of Government Version: 09/19/2022 Date Data Arrived at EDR: 09/19/2022 Date Made Active in Reports: 12/07/2022 Number of Days to Update: 79 Source: State Water Resources Control Board Telephone: 916-323-7905 Last EDR Contact: 12/14/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS: A Listing of Brownfields Sites Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these properties takes development pressures off of undeveloped, open land, and both improves and protects the environment. Assessment, Cleanup and Redevelopment Exchange System (ACRES) stores information reported by EPA Brownfields grant recipients on brownfields properties assessed or cleaned up with grant funding as well as information on Targeted Brownfields Assessments performed by EPA Regions. A listing of ACRES Brownfield sites is obtained from Cleanups in My Community. Cleanups in My Community provides information on Brownfields properties for which information is reported back to EPA, as well as areas served by Brownfields grant programs. Date of Government Version: 02/23/2022 Date Data Arrived at EDR: 03/10/2022 Date Made Active in Reports: 03/10/2022 Number of Days to Update: 0 Source: Environmental Protection Agency Telephone: 202-566-2777 Last EDR Contact: 12/07/2022 Next Scheduled EDR Contact: 03/27/2023 Data Release Frequency: Semi-Annually TC7210538.2s Page GR-13 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Local Lists of Landfill / Solid Waste Disposal Sites WMUDS/SWAT: Waste Management Unit Database Waste Management Unit Database System. WMUDS is used by the State Water Resources Control Board staff and the Regional Water Quality Control Boards for program tracking and inventory of waste management units. WMUDS is composed of the following databases: Facility Information, Scheduled Inspections Information, Waste Management Unit Information, SWAT Program Information, SWAT Report Summary Information, SWAT Report Summary Data, Chapter 15 (formerly Subchapter 15) Information, Chapter 15 Monitoring Parameters, TPCA Program Information, RCRA Program Information, Closure Information, and Interested Parties Information. Date of Government Version: 04/01/2000 Date Data Arrived at EDR: 04/10/2000 Date Made Active in Reports: 05/10/2000 Number of Days to Update: 30 Source: State Water Resources Control Board Telephone: 916-227-4448 Last EDR Contact: 10/20/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: No Update Planned SWRCY: Recycler Database A listing of recycling facilities in California. Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/18/2022 Number of Days to Update: 79 Source: Department of Conservation Telephone: 916-323-3836 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Quarterly HAULERS: Registered Waste Tire Haulers Listing A listing of registered waste tire haulers. Date of Government Version: 08/12/2022 Date Data Arrived at EDR: 08/16/2022 Date Made Active in Reports: 08/26/2022 Number of Days to Update: 10 Source: Integrated Waste Management Board Telephone: 916-341-6422 Last EDR Contact: 11/15/2022 Next Scheduled EDR Contact: 02/20/2023 Data Release Frequency: Varies INDIAN ODI: Report on the Status of Open Dumps on Indian Lands Location of open dumps on Indian land. Date of Government Version: 12/31/1998 Date Data Arrived at EDR: 12/03/2007 Date Made Active in Reports: 01/24/2008 Number of Days to Update: 52 Source: Environmental Protection Agency Telephone: 703-308-8245 Last EDR Contact: 10/20/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Varies ODI: Open Dump Inventory An open dump is defined as a disposal facility that does not comply with one or more of the Part 257 or Part 258 Subtitle D Criteria. Date of Government Version: 06/30/1985 Date Data Arrived at EDR: 08/09/2004 Date Made Active in Reports: 09/17/2004 Number of Days to Update: 39 Source: Environmental Protection Agency Telephone: 800-424-9346 Last EDR Contact: 06/09/2004 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned DEBRIS REGION 9: Torres Martinez Reservation Illegal Dump Site Locations A listing of illegal dump sites location on the Torres Martinez Indian Reservation located in eastern Riverside County and northern Imperial County, California. Date of Government Version: 01/12/2009 Date Data Arrived at EDR: 05/07/2009 Date Made Active in Reports: 09/21/2009 Number of Days to Update: 137 Source: EPA, Region 9 Telephone: 415-947-4219 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: No Update Planned TC7210538.2s Page GR-14 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING IHS OPEN DUMPS: Open Dumps on Indian Land A listing of all open dumps located on Indian Land in the United States. Date of Government Version: 04/01/2014 Date Data Arrived at EDR: 08/06/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 176 Source: Department of Health & Human Serivces, Indian Health Service Telephone: 301-443-1452 Last EDR Contact: 10/28/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Varies Local Lists of Hazardous waste / Contaminated Sites US HIST CDL: National Clandestine Laboratory Register A listing of clandestine drug lab locations that have been removed from the DEAs National Clandestine Laboratory Register. Date of Government Version: 07/29/2022 Date Data Arrived at EDR: 08/18/2022 Date Made Active in Reports: 10/24/2022 Number of Days to Update: 67 Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 11/16/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: No Update Planned HIST CAL-SITES: Calsites Database The Calsites database contains potential or confirmed hazardous substance release properties. In 1996, California EPA reevaluated and significantly reduced the number of sites in the Calsites database. No longer updated by the state agency. It has been replaced by ENVIROSTOR. Date of Government Version: 08/08/2005 Date Data Arrived at EDR: 08/03/2006 Date Made Active in Reports: 08/24/2006 Number of Days to Update: 21 Source: Department of Toxic Substance Control Telephone: 916-323-3400 Last EDR Contact: 02/23/2009 Next Scheduled EDR Contact: 05/25/2009 Data Release Frequency: No Update Planned SCH: School Property Evaluation Program This category contains proposed and existing school sites that are being evaluated by DTSC for possible hazardous materials contamination. In some cases, these properties may be listed in the CalSites category depending on the level of threat to public health and safety or the environment they pose. Date of Government Version: 07/25/2022 Date Data Arrived at EDR: 07/25/2022 Date Made Active in Reports: 10/05/2022 Number of Days to Update: 72 Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 10/24/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Quarterly CDL: Clandestine Drug Labs A listing of drug lab locations. Listing of a location in this database does not indicate that any illegal drug lab materials were or were not present there, and does not constitute a determination that the location either requires or does not require additional cleanup work. Date of Government Version: 12/31/2019 Date Data Arrived at EDR: 01/20/2021 Date Made Active in Reports: 04/08/2021 Number of Days to Update: 78 Source: Department of Toxic Substances Control Telephone: 916-255-6504 Last EDR Contact: 11/23/2022 Next Scheduled EDR Contact: 02/13/2023 Data Release Frequency: Varies TOXIC PITS: Toxic Pits Cleanup Act Sites Toxic PITS Cleanup Act Sites. TOXIC PITS identifies sites suspected of containing hazardous substances where cleanup has not yet been completed. Date of Government Version: 07/01/1995 Date Data Arrived at EDR: 08/30/1995 Date Made Active in Reports: 09/26/1995 Number of Days to Update: 27 Source: State Water Resources Control Board Telephone: 916-227-4364 Last EDR Contact: 01/26/2009 Next Scheduled EDR Contact: 04/27/2009 Data Release Frequency: No Update Planned TC7210538.2s Page GR-15 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING CERS HAZ WASTE: CERS HAZ WASTE List of sites in the California Environmental Protection Agency (CalEPA) Regulated Site Portal which fall under the Hazardous Chemical Management, Hazardous Waste Onsite Treatment, Household Hazardous Waste Collection, Hazardous Waste Generator, and RCRA LQ HW Generator programs. Date of Government Version: 07/18/2022 Date Data Arrived at EDR: 07/18/2022 Date Made Active in Reports: 09/30/2022 Number of Days to Update: 74 Source: CalEPA Telephone: 916-323-2514 Last EDR Contact: 10/17/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Quarterly US CDL: Clandestine Drug Labs A listing of clandestine drug lab locations. The U.S. Department of Justice ("the Department") provides this web site as a public service. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments. Date of Government Version: 07/29/2022 Date Data Arrived at EDR: 08/18/2022 Date Made Active in Reports: 10/24/2022 Number of Days to Update: 67 Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 11/16/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: Quarterly Local Lists of Registered Storage Tanks SWEEPS UST: SWEEPS UST Listing Statewide Environmental Evaluation and Planning System. This underground storage tank listing was updated and maintained by a company contacted by the SWRCB in the early 1990’s. The listing is no longer updated or maintained. The local agency is the contact for more information on a site on the SWEEPS list. Date of Government Version: 06/01/1994 Date Data Arrived at EDR: 07/07/2005 Date Made Active in Reports: 08/11/2005 Number of Days to Update: 35 Source: State Water Resources Control Board Telephone: N/A Last EDR Contact: 06/03/2005 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned HIST UST: Hazardous Substance Storage Container Database The Hazardous Substance Storage Container Database is a historical listing of UST sites. Refer to local/county source for current data. Date of Government Version: 10/15/1990 Date Data Arrived at EDR: 01/25/1991 Date Made Active in Reports: 02/12/1991 Number of Days to Update: 18 Source: State Water Resources Control Board Telephone: 916-341-5851 Last EDR Contact: 07/26/2001 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned SAN FRANCISCO AST: Aboveground Storage Tank Site Listing Aboveground storage tank sites Date of Government Version: 08/04/2022 Date Data Arrived at EDR: 08/04/2022 Date Made Active in Reports: 10/20/2022 Number of Days to Update: 77 Source: San Francisco County Department of Public Health Telephone: 415-252-3896 Last EDR Contact: 10/26/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Varies CA FID UST: Facility Inventory Database The Facility Inventory Database (FID) contains a historical listing of active and inactive underground storage tank locations from the State Water Resource Control Board. Refer to local/county source for current data. TC7210538.2s Page GR-16 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 10/31/1994 Date Data Arrived at EDR: 09/05/1995 Date Made Active in Reports: 09/29/1995 Number of Days to Update: 24 Source: California Environmental Protection Agency Telephone: 916-341-5851 Last EDR Contact: 12/28/1998 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned CERS TANKS: California Environmental Reporting System (CERS) Tanks List of sites in the California Environmental Protection Agency (CalEPA) Regulated Site Portal which fall under the Aboveground Petroleum Storage and Underground Storage Tank regulatory programs. Date of Government Version: 07/18/2022 Date Data Arrived at EDR: 07/18/2022 Date Made Active in Reports: 09/30/2022 Number of Days to Update: 74 Source: California Environmental Protection Agency Telephone: 916-323-2514 Last EDR Contact: 10/17/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Quarterly Local Land Records LIENS: Environmental Liens Listing A listing of property locations with environmental liens for California where DTSC is a lien holder. Date of Government Version: 08/23/2022 Date Data Arrived at EDR: 08/24/2022 Date Made Active in Reports: 11/14/2022 Number of Days to Update: 82 Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 12/19/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Varies LIENS 2: CERCLA Lien Information A Federal CERCLA (’Superfund’) lien can exist by operation of law at any site or property at which EPA has spent Superfund monies. These monies are spent to investigate and address releases and threatened releases of contamination. CERCLIS provides information as to the identity of these sites and properties. Date of Government Version: 10/27/2022 Date Data Arrived at EDR: 11/01/2022 Date Made Active in Reports: 11/15/2022 Number of Days to Update: 14 Source: Environmental Protection Agency Telephone: 202-564-6023 Last EDR Contact: 12/01/2022 Next Scheduled EDR Contact: 01/09/2023 Data Release Frequency: Semi-Annually DEED: Deed Restriction Listing Site Mitigation and Brownfields Reuse Program Facility Sites with Deed Restrictions & Hazardous Waste Management Program Facility Sites with Deed / Land Use Restriction. The DTSC Site Mitigation and Brownfields Reuse Program (SMBRP) list includes sites cleaned up under the program’s oversight and generally does not include current or former hazardous waste facilities that required a hazardous waste facility permit. The list represents deed restrictions that are active. Some sites have multiple deed restrictions. The DTSC Hazardous Waste Management Program (HWMP) has developed a list of current or former hazardous waste facilities that have a recorded land use restriction at the local county recorder’s office. The land use restrictions on this list were required by the DTSC HWMP as a result of the presence of hazardous substances that remain on site after the facility (or part of the facility) has been closed or cleaned up. The types of land use restriction include deed notice, deed restriction, or a land use restriction that binds current and future owners. Date of Government Version: 08/25/2022 Date Data Arrived at EDR: 08/25/2022 Date Made Active in Reports: 11/14/2022 Number of Days to Update: 81 Source: DTSC and SWRCB Telephone: 916-323-3400 Last EDR Contact: 11/29/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Semi-Annually Records of Emergency Release Reports TC7210538.2s Page GR-17 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING HMIRS: Hazardous Materials Information Reporting System Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT. Date of Government Version: 09/19/2022 Date Data Arrived at EDR: 09/19/2022 Date Made Active in Reports: 09/30/2022 Number of Days to Update: 11 Source: U.S. Department of Transportation Telephone: 202-366-4555 Last EDR Contact: 12/14/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly CHMIRS: California Hazardous Material Incident Report System California Hazardous Material Incident Reporting System. CHMIRS contains information on reported hazardous material incidents (accidental releases or spills). Date of Government Version: 06/30/2022 Date Data Arrived at EDR: 07/18/2022 Date Made Active in Reports: 09/30/2022 Number of Days to Update: 74 Source: Office of Emergency Services Telephone: 916-845-8400 Last EDR Contact: 10/17/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Semi-Annually LDS: Land Disposal Sites Listing (GEOTRACKER) Land Disposal sites (Landfills) included in GeoTracker. GeoTracker is the Water Boards data management system for sites that impact, or have the potential to impact, water quality in California, with emphasis on groundwater. Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Qualilty Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Quarterly MCS: Military Cleanup Sites Listing (GEOTRACKER) Military sites (consisting of: Military UST sites; Military Privatized sites; and Military Cleanup sites [formerly known as DoD non UST]) included in GeoTracker. GeoTracker is the Water Boards data management system for sites that impact, or have the potential to impact, water quality in California, with emphasis on groundwater. Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Resources Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Quarterly SPILLS 90: SPILLS90 data from FirstSearch Spills 90 includes those spill and release records available exclusively from FirstSearch databases. Typically, they may include chemical, oil and/or hazardous substance spills recorded after 1990. Duplicate records that are already included in EDR incident and release records are not included in Spills 90. Date of Government Version: 06/06/2012 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 02/22/2013 Number of Days to Update: 50 Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned Other Ascertainable Records RCRA NonGen / NLR: RCRA - Non Generators / No Longer Regulated RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Non-Generators do not presently generate hazardous waste. TC7210538.2s Page GR-18 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 11/21/2022 Date Data Arrived at EDR: 11/21/2022 Date Made Active in Reports: 12/05/2022 Number of Days to Update: 14 Source: Environmental Protection Agency Telephone: (415) 495-8895 Last EDR Contact: 12/21/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly FUDS: Formerly Used Defense Sites The listing includes locations of Formerly Used Defense Sites properties where the US Army Corps of Engineers is actively working or will take necessary cleanup actions. Date of Government Version: 08/11/2022 Date Data Arrived at EDR: 08/11/2022 Date Made Active in Reports: 09/30/2022 Number of Days to Update: 50 Source: U.S. Army Corps of Engineers Telephone: 202-528-4285 Last EDR Contact: 11/10/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Varies DOD: Department of Defense Sites This data set consists of federally owned or administered lands, administered by the Department of Defense, that have any area equal to or greater than 640 acres of the United States, Puerto Rico, and the U.S. Virgin Islands. Date of Government Version: 06/07/2021 Date Data Arrived at EDR: 07/13/2021 Date Made Active in Reports: 03/09/2022 Number of Days to Update: 239 Source: USGS Telephone: 888-275-8747 Last EDR Contact: 10/13/2022 Next Scheduled EDR Contact: 01/23/2023 Data Release Frequency: Varies FEDLAND: Federal and Indian Lands Federally and Indian administrated lands of the United States. Lands included are administrated by: Army Corps of Engineers, Bureau of Reclamation, National Wild and Scenic River, National Wildlife Refuge, Public Domain Land, Wilderness, Wilderness Study Area, Wildlife Management Area, Bureau of Indian Affairs, Bureau of Land Management, Department of Justice, Forest Service, Fish and Wildlife Service, National Park Service. Date of Government Version: 04/02/2018 Date Data Arrived at EDR: 04/11/2018 Date Made Active in Reports: 11/06/2019 Number of Days to Update: 574 Source: U.S. Geological Survey Telephone: 888-275-8747 Last EDR Contact: 10/03/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: N/A SCRD DRYCLEANERS: State Coalition for Remediation of Drycleaners Listing The State Coalition for Remediation of Drycleaners was established in 1998, with support from the U.S. EPA Office of Superfund Remediation and Technology Innovation. It is comprised of representatives of states with established drycleaner remediation programs. Currently the member states are Alabama, Connecticut, Florida, Illinois, Kansas, Minnesota, Missouri, North Carolina, Oregon, South Carolina, Tennessee, Texas, and Wisconsin. Date of Government Version: 01/01/2017 Date Data Arrived at EDR: 02/03/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 63 Source: Environmental Protection Agency Telephone: 615-532-8599 Last EDR Contact: 11/03/2022 Next Scheduled EDR Contact: 02/20/2023 Data Release Frequency: Varies US FIN ASSUR: Financial Assurance Information All owners and operators of facilities that treat, store, or dispose of hazardous waste are required to provide proof that they will have sufficient funds to pay for the clean up, closure, and post-closure care of their facilities. Date of Government Version: 06/20/2022 Date Data Arrived at EDR: 06/21/2022 Date Made Active in Reports: 08/31/2022 Number of Days to Update: 71 Source: Environmental Protection Agency Telephone: 202-566-1917 Last EDR Contact: 12/14/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly TC7210538.2s Page GR-19 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING EPA WATCH LIST: EPA WATCH LIST EPA maintains a "Watch List" to facilitate dialogue between EPA, state and local environmental agencies on enforcement matters relating to facilities with alleged violations identified as either significant or high priority. Being on the Watch List does not mean that the facility has actually violated the law only that an investigation by EPA or a state or local environmental agency has led those organizations to allege that an unproven violation has in fact occurred. Being on the Watch List does not represent a higher level of concern regarding the alleged violations that were detected, but instead indicates cases requiring additional dialogue between EPA, state and local agencies - primarily because of the length of time the alleged violation has gone unaddressed or unresolved. Date of Government Version: 08/30/2013 Date Data Arrived at EDR: 03/21/2014 Date Made Active in Reports: 06/17/2014 Number of Days to Update: 88 Source: Environmental Protection Agency Telephone: 617-520-3000 Last EDR Contact: 10/28/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Quarterly 2020 COR ACTION: 2020 Corrective Action Program List The EPA has set ambitious goals for the RCRA Corrective Action program by creating the 2020 Corrective Action Universe. This RCRA cleanup baseline includes facilities expected to need corrective action. The 2020 universe contains a wide variety of sites. Some properties are heavily contaminated while others were contaminated but have since been cleaned up. Still others have not been fully investigated yet, and may require little or no remediation. Inclusion in the 2020 Universe does not necessarily imply failure on the part of a facility to meet its RCRA obligations. Date of Government Version: 09/30/2017 Date Data Arrived at EDR: 05/08/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 73 Source: Environmental Protection Agency Telephone: 703-308-4044 Last EDR Contact: 10/28/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Varies TSCA: Toxic Substances Control Act Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version: 12/31/2016 Date Data Arrived at EDR: 06/17/2020 Date Made Active in Reports: 09/10/2020 Number of Days to Update: 85 Source: EPA Telephone: 202-260-5521 Last EDR Contact: 12/12/2022 Next Scheduled EDR Contact: 03/27/2023 Data Release Frequency: Every 4 Years TRIS: Toxic Chemical Release Inventory System Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313. Date of Government Version: 12/31/2018 Date Data Arrived at EDR: 08/14/2020 Date Made Active in Reports: 11/04/2020 Number of Days to Update: 82 Source: EPA Telephone: 202-566-0250 Last EDR Contact: 11/01/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Annually SSTS: Section 7 Tracking Systems Section 7 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all registered pesticide-producing establishments to submit a report to the Environmental Protection Agency by March 1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices being produced, and those having been produced and sold or distributed in the past year. Date of Government Version: 07/18/2022 Date Data Arrived at EDR: 07/18/2022 Date Made Active in Reports: 07/29/2022 Number of Days to Update: 11 Source: EPA Telephone: 202-564-4203 Last EDR Contact: 10/18/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Annually TC7210538.2s Page GR-20 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING ROD: Records Of Decision Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health information to aid in the cleanup. Date of Government Version: 10/27/2022 Date Data Arrived at EDR: 11/01/2022 Date Made Active in Reports: 11/15/2022 Number of Days to Update: 14 Source: EPA Telephone: 703-416-0223 Last EDR Contact: 12/01/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Annually RMP: Risk Management Plans When Congress passed the Clean Air Act Amendments of 1990, it required EPA to publish regulations and guidance for chemical accident prevention at facilities using extremely hazardous substances. The Risk Management Program Rule (RMP Rule) was written to implement Section 112(r) of these amendments. The rule, which built upon existing industry codes and standards, requires companies of all sizes that use certain flammable and toxic substances to develop a Risk Management Program, which includes a(n): Hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst-case and alternative accidental releases; Prevention program that includes safety precautions and maintenance, monitoring, and employee training measures; and Emergency response program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (e.g the fire department) should an accident occur. Date of Government Version: 04/27/2022 Date Data Arrived at EDR: 05/04/2022 Date Made Active in Reports: 05/10/2022 Number of Days to Update: 6 Source: Environmental Protection Agency Telephone: 202-564-8600 Last EDR Contact: 10/27/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies RAATS: RCRA Administrative Action Tracking System RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA pertaining to major violators and includes administrative and civil actions brought by the EPA. For administration actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version: 04/17/1995 Date Data Arrived at EDR: 07/03/1995 Date Made Active in Reports: 08/07/1995 Number of Days to Update: 35 Source: EPA Telephone: 202-564-4104 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: No Update Planned PRP: Potentially Responsible Parties A listing of verified Potentially Responsible Parties Date of Government Version: 10/27/2022 Date Data Arrived at EDR: 11/01/2022 Date Made Active in Reports: 11/15/2022 Number of Days to Update: 14 Source: EPA Telephone: 202-564-6023 Last EDR Contact: 12/01/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Quarterly PADS: PCB Activity Database System PCB Activity Database. PADS Identifies generators, transporters, commercial storers and/or brokers and disposers of PCB’s who are required to notify the EPA of such activities. Date of Government Version: 01/20/2022 Date Data Arrived at EDR: 01/20/2022 Date Made Active in Reports: 03/25/2022 Number of Days to Update: 64 Source: EPA Telephone: 202-566-0500 Last EDR Contact: 10/06/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Annually TC7210538.2s Page GR-21 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING ICIS: Integrated Compliance Information System The Integrated Compliance Information System (ICIS) supports the information needs of the national enforcement and compliance program as well as the unique needs of the National Pollutant Discharge Elimination System (NPDES) program. Date of Government Version: 11/18/2016 Date Data Arrived at EDR: 11/23/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 79 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 09/27/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Quarterly FTTS: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA (Emergency Planning and Community Right-to-Know Act). To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 04/09/2009 Date Data Arrived at EDR: 04/16/2009 Date Made Active in Reports: 05/11/2009 Number of Days to Update: 25 Source: EPA/Office of Prevention, Pesticides and Toxic Substances Telephone: 202-566-1667 Last EDR Contact: 08/18/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: No Update Planned FTTS INSP: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) A listing of FIFRA/TSCA Tracking System (FTTS) inspections and enforcements. Date of Government Version: 04/09/2009 Date Data Arrived at EDR: 04/16/2009 Date Made Active in Reports: 05/11/2009 Number of Days to Update: 25 Source: EPA Telephone: 202-566-1667 Last EDR Contact: 08/18/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: No Update Planned MLTS: Material Licensing Tracking System MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 10/26/2022 Date Data Arrived at EDR: 11/22/2022 Date Made Active in Reports: 12/05/2022 Number of Days to Update: 13 Source: Nuclear Regulatory Commission Telephone: 301-415-7169 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Quarterly COAL ASH DOE: Steam-Electric Plant Operation Data A listing of power plants that store ash in surface ponds. Date of Government Version: 12/31/2020 Date Data Arrived at EDR: 11/30/2021 Date Made Active in Reports: 02/22/2022 Number of Days to Update: 84 Source: Department of Energy Telephone: 202-586-8719 Last EDR Contact: 11/29/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Varies COAL ASH EPA: Coal Combustion Residues Surface Impoundments List A listing of coal combustion residues surface impoundments with high hazard potential ratings. Date of Government Version: 01/12/2017 Date Data Arrived at EDR: 03/05/2019 Date Made Active in Reports: 11/11/2019 Number of Days to Update: 251 Source: Environmental Protection Agency Telephone: N/A Last EDR Contact: 11/23/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Varies TC7210538.2s Page GR-22 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING PCB TRANSFORMER: PCB Transformer Registration Database The database of PCB transformer registrations that includes all PCB registration submittals. Date of Government Version: 09/13/2019 Date Data Arrived at EDR: 11/06/2019 Date Made Active in Reports: 02/10/2020 Number of Days to Update: 96 Source: Environmental Protection Agency Telephone: 202-566-0517 Last EDR Contact: 11/03/2022 Next Scheduled EDR Contact: 02/13/2023 Data Release Frequency: Varies RADINFO: Radiation Information Database The Radiation Information Database (RADINFO) contains information about facilities that are regulated by U.S. Environmental Protection Agency (EPA) regulations for radiation and radioactivity. Date of Government Version: 07/01/2019 Date Data Arrived at EDR: 07/01/2019 Date Made Active in Reports: 09/23/2019 Number of Days to Update: 84 Source: Environmental Protection Agency Telephone: 202-343-9775 Last EDR Contact: 12/20/2022 Next Scheduled EDR Contact: 04/10/2023 Data Release Frequency: Quarterly HIST FTTS: FIFRA/TSCA Tracking System Administrative Case Listing A complete administrative case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2007 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned HIST FTTS INSP: FIFRA/TSCA Tracking System Inspection & Enforcement Case Listing A complete inspection and enforcement case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2008 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned DOT OPS: Incident and Accident Data Department of Transporation, Office of Pipeline Safety Incident and Accident data. Date of Government Version: 01/02/2020 Date Data Arrived at EDR: 01/28/2020 Date Made Active in Reports: 04/17/2020 Number of Days to Update: 80 Source: Department of Transporation, Office of Pipeline Safety Telephone: 202-366-4595 Last EDR Contact: 10/24/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Quarterly CONSENT: Superfund (CERCLA) Consent Decrees Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released periodically by United States District Courts after settlement by parties to litigation matters. TC7210538.2s Page GR-23 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 06/30/2022 Date Data Arrived at EDR: 07/21/2022 Date Made Active in Reports: 09/30/2022 Number of Days to Update: 71 Source: Department of Justice, Consent Decree Library Telephone: Varies Last EDR Contact: 09/27/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies BRS: Biennial Reporting System The Biennial Reporting System is a national system administered by the EPA that collects data on the generation and management of hazardous waste. BRS captures detailed data from two groups: Large Quantity Generators (LQG) and Treatment, Storage, and Disposal Facilities. Date of Government Version: 12/31/2019 Date Data Arrived at EDR: 03/02/2022 Date Made Active in Reports: 03/25/2022 Number of Days to Update: 23 Source: EPA/NTIS Telephone: 800-424-9346 Last EDR Contact: 12/21/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Biennially INDIAN RESERV: Indian Reservations This map layer portrays Indian administered lands of the United States that have any area equal to or greater than 640 acres. Date of Government Version: 12/31/2014 Date Data Arrived at EDR: 07/14/2015 Date Made Active in Reports: 01/10/2017 Number of Days to Update: 546 Source: USGS Telephone: 202-208-3710 Last EDR Contact: 10/06/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Semi-Annually FUSRAP: Formerly Utilized Sites Remedial Action Program DOE established the Formerly Utilized Sites Remedial Action Program (FUSRAP) in 1974 to remediate sites where radioactive contamination remained from Manhattan Project and early U.S. Atomic Energy Commission (AEC) operations. Date of Government Version: 07/26/2021 Date Data Arrived at EDR: 07/27/2021 Date Made Active in Reports: 10/22/2021 Number of Days to Update: 87 Source: Department of Energy Telephone: 202-586-3559 Last EDR Contact: 10/27/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Varies UMTRA: Uranium Mill Tailings Sites Uranium ore was mined by private companies for federal government use in national defense programs. When the mills shut down, large piles of the sand-like material (mill tailings) remain after uranium has been extracted from the ore. Levels of human exposure to radioactive materials from the piles are low; however, in some cases tailings were used as construction materials before the potential health hazards of the tailings were recognized. Date of Government Version: 08/30/2019 Date Data Arrived at EDR: 11/15/2019 Date Made Active in Reports: 01/28/2020 Number of Days to Update: 74 Source: Department of Energy Telephone: 505-845-0011 Last EDR Contact: 11/09/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Varies LEAD SMELTER 1: Lead Smelter Sites A listing of former lead smelter site locations. Date of Government Version: 10/27/2022 Date Data Arrived at EDR: 11/01/2022 Date Made Active in Reports: 11/15/2022 Number of Days to Update: 14 Source: Environmental Protection Agency Telephone: 703-603-8787 Last EDR Contact: 12/01/2022 Next Scheduled EDR Contact: 01/09/2023 Data Release Frequency: Varies LEAD SMELTER 2: Lead Smelter Sites A list of several hundred sites in the U.S. where secondary lead smelting was done from 1931and 1964. These sites may pose a threat to public health through ingestion or inhalation of contaminated soil or dust TC7210538.2s Page GR-24 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 04/05/2001 Date Data Arrived at EDR: 10/27/2010 Date Made Active in Reports: 12/02/2010 Number of Days to Update: 36 Source: American Journal of Public Health Telephone: 703-305-6451 Last EDR Contact: 12/02/2009 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned US AIRS (AFS): Aerometric Information Retrieval System Facility Subsystem (AFS) The database is a sub-system of Aerometric Information Retrieval System (AIRS). AFS contains compliance data on air pollution point sources regulated by the U.S. EPA and/or state and local air regulatory agencies. This information comes from source reports by various stationary sources of air pollution, such as electric power plants, steel mills, factories, and universities, and provides information about the air pollutants they produce. Action, air program, air program pollutant, and general level plant data. It is used to track emissions and compliance data from industrial plants. Date of Government Version: 10/12/2016 Date Data Arrived at EDR: 10/26/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 100 Source: EPA Telephone: 202-564-2496 Last EDR Contact: 09/26/2017 Next Scheduled EDR Contact: 01/08/2018 Data Release Frequency: Annually US AIRS MINOR: Air Facility System Data A listing of minor source facilities. Date of Government Version: 10/12/2016 Date Data Arrived at EDR: 10/26/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 100 Source: EPA Telephone: 202-564-2496 Last EDR Contact: 09/26/2017 Next Scheduled EDR Contact: 01/08/2018 Data Release Frequency: Annually US MINES: Mines Master Index File Contains all mine identification numbers issued for mines active or opened since 1971. The data also includes violation information. Date of Government Version: 08/03/2022 Date Data Arrived at EDR: 08/17/2022 Date Made Active in Reports: 08/31/2022 Number of Days to Update: 14 Source: Department of Labor, Mine Safety and Health Administration Telephone: 303-231-5959 Last EDR Contact: 11/17/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: Semi-Annually MINES VIOLATIONS: MSHA Violation Assessment Data Mines violation and assessment information. Department of Labor, Mine Safety & Health Administration. Date of Government Version: 08/01/2022 Date Data Arrived at EDR: 08/02/2022 Date Made Active in Reports: 09/30/2022 Number of Days to Update: 59 Source: DOL, Mine Safety & Health Admi Telephone: 202-693-9424 Last EDR Contact: 11/28/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Quarterly US MINES 2: Ferrous and Nonferrous Metal Mines Database Listing This map layer includes ferrous (ferrous metal mines are facilities that extract ferrous metals, such as iron ore or molybdenum) and nonferrous (Nonferrous metal mines are facilities that extract nonferrous metals, such as gold, silver, copper, zinc, and lead) metal mines in the United States. Date of Government Version: 05/06/2020 Date Data Arrived at EDR: 05/27/2020 Date Made Active in Reports: 08/13/2020 Number of Days to Update: 78 Source: USGS Telephone: 703-648-7709 Last EDR Contact: 11/21/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: Varies TC7210538.2s Page GR-25 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING US MINES 3: Active Mines & Mineral Plants Database Listing Active Mines and Mineral Processing Plant operations for commodities monitored by the Minerals Information Team of the USGS. Date of Government Version: 04/14/2011 Date Data Arrived at EDR: 06/08/2011 Date Made Active in Reports: 09/13/2011 Number of Days to Update: 97 Source: USGS Telephone: 703-648-7709 Last EDR Contact: 11/21/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: Varies ABANDONED MINES: Abandoned Mines An inventory of land and water impacted by past mining (primarily coal mining) is maintained by OSMRE to provide information needed to implement the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The inventory contains information on the location, type, and extent of AML impacts, as well as, information on the cost associated with the reclamation of those problems. The inventory is based upon field surveys by State, Tribal, and OSMRE program officials. It is dynamic to the extent that it is modified as new problems are identified and existing problems are reclaimed. Date of Government Version: 09/13/2022 Date Data Arrived at EDR: 09/14/2022 Date Made Active in Reports: 12/05/2022 Number of Days to Update: 82 Source: Department of Interior Telephone: 202-208-2609 Last EDR Contact: 12/13/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Quarterly FINDS: Facility Index System/Facility Registry System Facility Index System. FINDS contains both facility information and ’pointers’ to other sources that contain more detail. EDR includes the following FINDS databases in this report: PCS (Permit Compliance System), AIRS (Aerometric Information Retrieval System), DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes), FURS (Federal Underground Injection Control), C-DOCKET (Criminal Docket System used to track criminal enforcement actions for all environmental statutes), FFIS (Federal Facilities Information System), STATE (State Environmental Laws and Statutes), and PADS (PCB Activity Data System). Date of Government Version: 08/03/2022 Date Data Arrived at EDR: 08/25/2022 Date Made Active in Reports: 10/24/2022 Number of Days to Update: 60 Source: EPA Telephone: (415) 947-8000 Last EDR Contact: 11/29/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Quarterly ECHO: Enforcement & Compliance History Information ECHO provides integrated compliance and enforcement information for about 800,000 regulated facilities nationwide. Date of Government Version: 06/25/2022 Date Data Arrived at EDR: 07/01/2022 Date Made Active in Reports: 09/30/2022 Number of Days to Update: 91 Source: Environmental Protection Agency Telephone: 202-564-2280 Last EDR Contact: 09/30/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Quarterly DOCKET HWC: Hazardous Waste Compliance Docket Listing A complete list of the Federal Agency Hazardous Waste Compliance Docket Facilities. Date of Government Version: 05/06/2021 Date Data Arrived at EDR: 05/21/2021 Date Made Active in Reports: 08/11/2021 Number of Days to Update: 82 Source: Environmental Protection Agency Telephone: 202-564-0527 Last EDR Contact: 11/15/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: Varies UXO: Unexploded Ordnance Sites A listing of unexploded ordnance site locations TC7210538.2s Page GR-26 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 12/31/2020 Date Data Arrived at EDR: 01/11/2022 Date Made Active in Reports: 02/14/2022 Number of Days to Update: 34 Source: Department of Defense Telephone: 703-704-1564 Last EDR Contact: 10/05/2022 Next Scheduled EDR Contact: 01/23/2023 Data Release Frequency: Varies FUELS PROGRAM: EPA Fuels Program Registered Listing This listing includes facilities that are registered under the Part 80 (Code of Federal Regulations) EPA Fuels Programs. All companies now are required to submit new and updated registrations. Date of Government Version: 08/11/2022 Date Data Arrived at EDR: 08/11/2022 Date Made Active in Reports: 09/30/2022 Number of Days to Update: 50 Source: EPA Telephone: 800-385-6164 Last EDR Contact: 11/10/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Quarterly PFAS NPL: Superfund Sites with PFAS Detections Information EPA’s Office of Land and Emergency Management and EPA Regional Offices maintain data describing what is known about site investigations, contamination, and remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) where PFAS is present in the environment. Date of Government Version: 02/23/2022 Date Data Arrived at EDR: 07/08/2022 Date Made Active in Reports: 11/08/2022 Number of Days to Update: 123 Source: Environmental Protection Agency Telephone: 703-603-8895 Last EDR Contact: 10/04/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies PFAS FEDERAL SITES: Federal Sites PFAS Information Several federal entities, such as the federal Superfund program, Department of Defense, National Aeronautics and Space Administration, Department of Transportation, and Department of Energy provided information for sites with known or suspected detections at federal facilities. Date of Government Version: 02/23/2022 Date Data Arrived at EDR: 03/31/2022 Date Made Active in Reports: 11/08/2022 Number of Days to Update: 222 Source: Environmental Protection Agency Telephone: 202-272-0167 Last EDR Contact: 10/06/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies PFAS TSCA: PFAS Manufacture and Imports Information EPA issued the Chemical Data Reporting (CDR) Rule under the Toxic Substances Control Act (TSCA) and requires chemical manufacturers and facilities that manufacture or import chemical substances to report data to EPA. EPA publishes non-confidential business information (non-CBI) and includes descriptive information about each site, corporate parent, production volume, other manufacturing information, and processing and use information. Date of Government Version: 01/03/2022 Date Data Arrived at EDR: 03/31/2022 Date Made Active in Reports: 11/08/2022 Number of Days to Update: 222 Source: Environmental Protection Agency Telephone: 202-272-0167 Last EDR Contact: 10/04/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies PFAS RCRA MANIFEST: PFAS Transfers Identified In the RCRA Database Listing To work around the lack of PFAS waste codes in the RCRA database, EPA developed the PFAS Transfers dataset by mining e-Manifest records containing at least one of these common PFAS keywords: PFAS, PFOA, PFOS, PERFL, AFFF, GENX, GEN-X (plus the VT waste codes). These keywords were searched for in the following text fields: Manifest handling instructions (MANIFEST_HANDLING_INSTR), Non-hazardous waste description (NON_HAZ_WASTE_DESCRIPTION), DOT printed information (DOT_PRINTED_INFORMATION), Waste line handling instructions (WASTE_LINE_HANDLING_INSTR), Waste residue comments (WASTE_RESIDUE_COMMENTS). Date of Government Version: 01/03/2022 Date Data Arrived at EDR: 03/31/2022 Date Made Active in Reports: 11/08/2022 Number of Days to Update: 222 Source: Environmental Protection Agency Telephone: 202-272-0167 Last EDR Contact: 10/06/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies TC7210538.2s Page GR-27 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING PFAS ATSDR: PFAS Contamination Site Location Listing PFAS contamination site locations from the Department of Health & Human Services, Center for Disease Control & Prevention. ATSDR is involved at a number of PFAS-related sites, either directly or through assisting state and federal partners. As of now, most sites are related to drinking water contamination connected with PFAS production facilities or fire training areas where aqueous film-forming firefighting foam (AFFF) was regularly used. Date of Government Version: 06/24/2020 Date Data Arrived at EDR: 03/17/2021 Date Made Active in Reports: 11/08/2022 Number of Days to Update: 601 Source: Department of Health & Human Services Telephone: 202-741-5770 Last EDR Contact: 10/28/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Varies PFAS WQP: Ambient Environmental Sampling for PFAS The Water Quality Portal (WQP) is a part of a modernized repository storing ambient sampling data for all environmental media and tissue samples. A wide range of federal, state, tribal and local governments, academic and non-governmental organizations and individuals submit project details and sampling results to this public repository. The information is commonly used for research and assessments of environmental quality. Date of Government Version: 01/03/2022 Date Data Arrived at EDR: 03/31/2022 Date Made Active in Reports: 11/08/2022 Number of Days to Update: 222 Source: Environmental Protection Agency Telephone: 202-272-0167 Last EDR Contact: 10/06/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies PFAS NPDES: Clean Water Act Discharge Monitoring Information Any discharger of pollutants to waters of the United States from a point source must have a National Pollutant Discharge Elimination System (NPDES) permit. The process for obtaining limits involves the regulated entity (permittee) disclosing releases in a NPDES permit application and the permitting authority (typically the state but sometimes EPA) deciding whether to require monitoring or monitoring with limits. Date of Government Version: 01/03/2022 Date Data Arrived at EDR: 03/31/2022 Date Made Active in Reports: 11/08/2022 Number of Days to Update: 222 Source: Environmental Protection Agency Telephone: 202-272-0167 Last EDR Contact: 10/06/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies PFAS ECHO: Facilities in Industries that May Be Handling PFAS Listing Regulators and the public have expressed interest in knowing which regulated entities may be using PFAS. EPA has developed a dataset from various sources that show which industries may be handling PFAS. Approximately 120,000 facilities subject to federal environmental programs have operated or currently operate in industry sectors with processes that may involve handling and/or release of PFAS. Date of Government Version: 01/03/2022 Date Data Arrived at EDR: 03/31/2022 Date Made Active in Reports: 11/08/2022 Number of Days to Update: 222 Source: Environmental Protection Agency Telephone: 202-272-0167 Last EDR Contact: 10/06/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies PFAS ECHO FIRE TRAINING: Facilities in Industries that May Be Handling PFAS Listing A list of fire training sites was added to the Industry Sectors dataset using a keyword search on the permitted facilitys name to identify sites where fire-fighting foam may have been used in training exercises. Additionally, you may view an example spreadsheet of the subset of fire training facility data, as well as the keywords used in selecting or deselecting a facility for the subset. as well as the keywords used in selecting or deselecting a facility for the subset. These keywords were tested to maximize accuracy in selecting facilities that may use fire-fighting foam in training exercises, however, due to the lack of a required reporting field in the data systems for designating fire training sites, this methodology may not identify all fire training sites or may potentially misidentify them. Date of Government Version: 08/22/2018 Date Data Arrived at EDR: 03/31/2022 Date Made Active in Reports: 11/08/2022 Number of Days to Update: 222 Source: Environmental Protection Agency Telephone: 202-272-0167 Last EDR Contact: 10/06/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies TC7210538.2s Page GR-28 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING PFAS PART 139 AIRPORT: All Certified Part 139 Airports PFAS Information Listing Since July 1, 2006, all certified part 139 airports are required to have fire-fighting foam onsite that meet military specifications (MIL-F-24385) (14 CFR 139.317). To date, these military specification fire-fighting foams are fluorinated and have been historically used for training and extinguishing. The 2018 FAA Reauthorization Act has a provision stating that no later than October 2021, FAA shall not require the use of fluorinated AFFF. This provision does not prohibit the use of fluorinated AFFF at Part 139 civilian airports; it only prohibits FAA from mandating its use. The Federal Aviation Administration?s document AC 150/5210-6D - Aircraft Fire Extinguishing Agents provides guidance on Aircraft Fire Extinguishing Agents, which includes Aqueous Film Forming Foam (AFFF). Date of Government Version: 08/22/2018 Date Data Arrived at EDR: 10/26/2022 Date Made Active in Reports: 11/08/2022 Number of Days to Update: 13 Source: Environmental Protection Agency Telephone: 202-272-0167 Last EDR Contact: 10/26/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies AQUEOUS FOAM NRC: Aqueous Foam Related Incidents Listing The National Response Center (NRC) serves as an emergency call center that fields initial reports for pollution and railroad incidents and forwards that information to appropriate federal/state agencies for response. The spreadsheets posted to the NRC website contain initial incident data that has not been validated or investigated by a federal/state response agency. Response center calls from 1990 to the most recent complete calendar year where there was indication of Aqueous Film Forming Foam (AFFF) usage are included in this dataset. NRC calls may reference AFFF usage in the ?Material Involved? or ?Incident Description? fields. Date of Government Version: 02/23/2022 Date Data Arrived at EDR: 03/31/2022 Date Made Active in Reports: 11/08/2022 Number of Days to Update: 222 Source: Environmental Protection Agency Telephone: 202-272-0167 Last EDR Contact: 10/06/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies PFAS: PFAS Contamination Site Location Listing A listing of PFAS contaminated sites included in the GeoTracker database. Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 10/31/2022 Number of Days to Update: 61 Source: State Water Resources Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies AQUEOUS FOAM: Former Fire Training Facility Assessments Listing Airports shown on this list are those believed to use Aqueous Film Forming Foam (AFFF), and certified by the Federal Aviation Administration (FAA) under Title 14, Code of Federal Regulations (CFR), Part 139 (14 CFR Part 139). This list was created by SWRCB using information available from the FAA. Location points shown are from the latitude and longitude listed on the FAA airport master record. Date of Government Version: 09/06/2022 Date Data Arrived at EDR: 09/06/2022 Date Made Active in Reports: 10/26/2022 Number of Days to Update: 50 Source: State Water Resources Control Board Telephone: 916-341-5455 Last EDR Contact: 10/09/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies CA BOND EXP. PLAN: Bond Expenditure Plan Department of Health Services developed a site-specific expenditure plan as the basis for an appropriation of Hazardous Substance Cleanup Bond Act funds. It is not updated. Date of Government Version: 01/01/1989 Date Data Arrived at EDR: 07/27/1994 Date Made Active in Reports: 08/02/1994 Number of Days to Update: 6 Source: Department of Health Services Telephone: 916-255-2118 Last EDR Contact: 05/31/1994 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned TC7210538.2s Page GR-29 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING CORTESE: "Cortese" Hazardous Waste & Substances Sites List The sites for the list are designated by the State Water Resource Control Board (LUST), the Integrated Waste Board (SWF/LS), and the Department of Toxic Substances Control (Cal-Sites). Date of Government Version: 09/19/2022 Date Data Arrived at EDR: 09/19/2022 Date Made Active in Reports: 12/07/2022 Number of Days to Update: 79 Source: CAL EPA/Office of Emergency Information Telephone: 916-323-3400 Last EDR Contact: 12/14/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly CUPA LIVERMORE-PLEASANTON: CUPA Facility Listing list of facilities associated with the various CUPA programs in Livermore-Pleasanton Date of Government Version: 12/07/2021 Date Data Arrived at EDR: 05/09/2022 Date Made Active in Reports: 05/17/2022 Number of Days to Update: 8 Source: Livermore-Pleasanton Fire Department Telephone: 925-454-2361 Last EDR Contact: 11/10/2022 Next Scheduled EDR Contact: 02/20/2023 Data Release Frequency: Varies DRYCLEAN AVAQMD: Antelope Valley Air Quality Management District Drycleaner Listing A listing of dry cleaners in the Antelope Valley Air Quality Management District. Date of Government Version: 05/25/2022 Date Data Arrived at EDR: 05/26/2022 Date Made Active in Reports: 08/11/2022 Number of Days to Update: 77 Source: Antelope Valley Air Quality Management District Telephone: 661-723-8070 Last EDR Contact: 11/14/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Varies DRYCLEAN SOUTH COAST: South Coast Air Quality Management District Drycleaner Listing A listing of dry cleaners in the South Coast Air Quality Management District Date of Government Version: 08/18/2022 Date Data Arrived at EDR: 08/29/2022 Date Made Active in Reports: 11/14/2022 Number of Days to Update: 77 Source: South Coast Air Quality Management District Telephone: 909-396-3211 Last EDR Contact: 11/15/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: Varies DRYCLEANERS: Cleaner Facilities A list of drycleaner related facilities that have EPA ID numbers. These are facilities with certain SIC codes: power laundries, family and commercial; garment pressing and cleaner’s agents; linen supply; coin-operated laundries and cleaning; drycleaning plants, except rugs; carpet and upholster cleaning; industrial launderers; laundry and garment services. Date of Government Version: 08/27/2021 Date Data Arrived at EDR: 09/01/2021 Date Made Active in Reports: 11/19/2021 Number of Days to Update: 79 Source: Department of Toxic Substance Control Telephone: 916-327-4498 Last EDR Contact: 11/07/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Annually EMI: Emissions Inventory Data Toxics and criteria pollutant emissions data collected by the ARB and local air pollution agencies. Date of Government Version: 12/31/2020 Date Data Arrived at EDR: 06/13/2022 Date Made Active in Reports: 08/30/2022 Number of Days to Update: 78 Source: California Air Resources Board Telephone: 916-322-2990 Last EDR Contact: 12/15/2022 Next Scheduled EDR Contact: 03/27/2023 Data Release Frequency: Varies ENF: Enforcement Action Listing A listing of Water Board Enforcement Actions. Formal is everything except Oral/Verbal Communication, Notice of Violation, Expedited Payment Letter, and Staff Enforcement Letter. TC7210538.2s Page GR-30 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 07/12/2022 Date Data Arrived at EDR: 07/18/2022 Date Made Active in Reports: 09/29/2022 Number of Days to Update: 73 Source: State Water Resoruces Control Board Telephone: 916-445-9379 Last EDR Contact: 10/19/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies Financial Assurance 1: Financial Assurance Information Listing Financial Assurance information Date of Government Version: 07/06/2022 Date Data Arrived at EDR: 07/21/2022 Date Made Active in Reports: 10/03/2022 Number of Days to Update: 74 Source: Department of Toxic Substances Control Telephone: 916-255-3628 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies Financial Assurance 2: Financial Assurance Information Listing A listing of financial assurance information for solid waste facilities. Financial assurance is intended to ensure that resources are available to pay for the cost of closure, post-closure care, and corrective measures if the owner or operator of a regulated facility is unable or unwilling to pay. Date of Government Version: 08/09/2022 Date Data Arrived at EDR: 08/10/2022 Date Made Active in Reports: 08/30/2022 Number of Days to Update: 20 Source: California Integrated Waste Management Board Telephone: 916-341-6066 Last EDR Contact: 11/15/2022 Next Scheduled EDR Contact: 02/20/2023 Data Release Frequency: Varies ICE: ICE Contains data pertaining to the Permitted Facilities with Inspections / Enforcements sites tracked in Envirostor. Date of Government Version: 08/11/2022 Date Data Arrived at EDR: 08/11/2022 Date Made Active in Reports: 10/28/2022 Number of Days to Update: 78 Source: Department of Toxic Subsances Control Telephone: 877-786-9427 Last EDR Contact: 11/10/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Quarterly HIST CORTESE: Hazardous Waste & Substance Site List The sites for the list are designated by the State Water Resource Control Board [LUST], the Integrated Waste Board [SWF/LS], and the Department of Toxic Substances Control [CALSITES]. This listing is no longer updated by the state agency. Date of Government Version: 04/01/2001 Date Data Arrived at EDR: 01/22/2009 Date Made Active in Reports: 04/08/2009 Number of Days to Update: 76 Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 01/22/2009 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned HWP: EnviroStor Permitted Facilities Listing Detailed information on permitted hazardous waste facilities and corrective action ("cleanups") tracked in EnviroStor. Date of Government Version: 08/11/2022 Date Data Arrived at EDR: 08/11/2022 Date Made Active in Reports: 10/28/2022 Number of Days to Update: 78 Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 11/10/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Quarterly HWT: Registered Hazardous Waste Transporter Database A listing of hazardous waste transporters. In California, unless specifically exempted, it is unlawful for any person to transport hazardous wastes unless the person holds a valid registration issued by DTSC. A hazardous waste transporter registration is valid for one year and is assigned a unique registration number. TC7210538.2s Page GR-31 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 10/03/2022 Date Data Arrived at EDR: 10/03/2022 Date Made Active in Reports: 12/15/2022 Number of Days to Update: 73 Source: Department of Toxic Substances Control Telephone: 916-440-7145 Last EDR Contact: 10/03/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Quarterly HAZNET: Facility and Manifest Data Facility and Manifest Data. The data is extracted from the copies of hazardous waste manifests received each year by the DTSC. The annual volume of manifests is typically 700,000 - 1,000,000 annually, representing approximately 350,000 - 500,000 shipments. Data are from the manifests submitted without correction, and therefore many contain some invalid values for data elements such as generator ID, TSD ID, waste category, and disposal method. This database begins with calendar year 1993. Date of Government Version: 12/31/2021 Date Data Arrived at EDR: 07/05/2022 Date Made Active in Reports: 09/19/2022 Number of Days to Update: 76 Source: California Environmental Protection Agency Telephone: 916-255-1136 Last EDR Contact: 09/27/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Annually MINES: Mines Site Location Listing A listing of mine site locations from the Office of Mine Reclamation. Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/18/2022 Number of Days to Update: 79 Source: Department of Conservation Telephone: 916-322-1080 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Quarterly MWMP: Medical Waste Management Program Listing The Medical Waste Management Program (MWMP) ensures the proper handling and disposal of medical waste by permitting and inspecting medical waste Offsite Treatment Facilities (PDF) and Transfer Stations (PDF) throughout the state. MWMP also oversees all Medical Waste Transporters. Date of Government Version: 08/08/2022 Date Data Arrived at EDR: 08/25/2022 Date Made Active in Reports: 11/14/2022 Number of Days to Update: 81 Source: Department of Public Health Telephone: 916-558-1784 Last EDR Contact: 11/29/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Varies NPDES: NPDES Permits Listing A listing of NPDES permits, including stormwater. Date of Government Version: 08/08/2022 Date Data Arrived at EDR: 08/08/2022 Date Made Active in Reports: 10/20/2022 Number of Days to Update: 73 Source: State Water Resources Control Board Telephone: 916-445-9379 Last EDR Contact: 11/03/2022 Next Scheduled EDR Contact: 02/20/2023 Data Release Frequency: Quarterly PEST LIC: Pesticide Regulation Licenses Listing A listing of licenses and certificates issued by the Department of Pesticide Regulation. The DPR issues licenses and/or certificates to: Persons and businesses that apply or sell pesticides; Pest control dealers and brokers; Persons who advise on agricultural pesticide applications. Date of Government Version: 08/25/2022 Date Data Arrived at EDR: 08/25/2022 Date Made Active in Reports: 11/14/2022 Number of Days to Update: 81 Source: Department of Pesticide Regulation Telephone: 916-445-4038 Last EDR Contact: 11/29/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Quarterly TC7210538.2s Page GR-32 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING PROC: Certified Processors Database A listing of certified processors. Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/18/2022 Number of Days to Update: 79 Source: Department of Conservation Telephone: 916-323-3836 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Quarterly NOTIFY 65: Proposition 65 Records Listings of all Proposition 65 incidents reported to counties by the State Water Resources Control Board and the Regional Water Quality Control Board. This database is no longer updated by the reporting agency. Date of Government Version: 09/07/2022 Date Data Arrived at EDR: 09/08/2022 Date Made Active in Reports: 11/29/2022 Number of Days to Update: 82 Source: State Water Resources Control Board Telephone: 916-445-3846 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 03/27/2023 Data Release Frequency: No Update Planned UIC: UIC Listing A listing of wells identified as underground injection wells, in the California Oil and Gas Wells database. Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/18/2022 Number of Days to Update: 79 Source: Deaprtment of Conservation Telephone: 916-445-2408 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies UIC GEO: Underground Injection Control Sites (GEOTRACKER) Underground control injection sites Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Resource Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies WASTEWATER PITS: Oil Wastewater Pits Listing Water officials discovered that oil producers have been dumping chemical-laden wastewater into hundreds of unlined pits that are operating without proper permits. Inspections completed by the Central Valley Regional Water Quality Control Board revealed the existence of previously unidentified waste sites. The water boards review found that more than one-third of the region’s active disposal pits are operating without permission. Date of Government Version: 02/11/2021 Date Data Arrived at EDR: 07/01/2021 Date Made Active in Reports: 09/29/2021 Number of Days to Update: 90 Source: RWQCB, Central Valley Region Telephone: 559-445-5577 Last EDR Contact: 10/06/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies WDS: Waste Discharge System Sites which have been issued waste discharge requirements. Date of Government Version: 06/19/2007 Date Data Arrived at EDR: 06/20/2007 Date Made Active in Reports: 06/29/2007 Number of Days to Update: 9 Source: State Water Resources Control Board Telephone: 916-341-5227 Last EDR Contact: 11/08/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: No Update Planned WIP: Well Investigation Program Case List Well Investigation Program case in the San Gabriel and San Fernando Valley area. TC7210538.2s Page GR-33 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 07/03/2009 Date Data Arrived at EDR: 07/21/2009 Date Made Active in Reports: 08/03/2009 Number of Days to Update: 13 Source: Los Angeles Water Quality Control Board Telephone: 213-576-6726 Last EDR Contact: 12/13/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: No Update Planned MILITARY PRIV SITES: Military Privatized Sites (GEOTRACKER) Military privatized sites Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Resources Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies PROJECT: Project Sites (GEOTRACKER) Projects sites Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Resources Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies WDR: Waste Discharge Requirements Listing In general, the Waste Discharge Requirements (WDRs) Program (sometimes also referred to as the "Non Chapter 15 (Non 15) Program") regulates point discharges that are exempt pursuant to Subsection 20090 of Title 27 and not subject to the Federal Water Pollution Control Act. Exemptions from Title 27 may be granted for nine categories of discharges (e.g., sewage, wastewater, etc.) that meet, and continue to meet, the preconditions listed for each specific exemption. The scope of the WDRs Program also includes the discharge of wastes classified as inert, pursuant to section 20230 of Title 27. Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/18/2022 Number of Days to Update: 79 Source: State Water Resources Control Board Telephone: 916-341-5810 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Quarterly CIWQS: California Integrated Water Quality System The California Integrated Water Quality System (CIWQS) is a computer system used by the State and Regional Water Quality Control Boards to track information about places of environmental interest, manage permits and other orders, track inspections, and manage violations and enforcement activities. Date of Government Version: 08/16/2022 Date Data Arrived at EDR: 08/17/2022 Date Made Active in Reports: 08/18/2022 Number of Days to Update: 1 Source: State Water Resources Control Board Telephone: 866-794-4977 Last EDR Contact: 11/29/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Varies CERS: CalEPA Regulated Site Portal Data The CalEPA Regulated Site Portal database combines data about environmentally regulated sites and facilities in California into a single database. It combines data from a variety of state and federal databases, and provides an overview of regulated activities across the spectrum of environmental programs for any given location in California. These activities include hazardous materials and waste, state and federal cleanups, impacted ground and surface waters, and toxic materials Date of Government Version: 07/18/2022 Date Data Arrived at EDR: 07/18/2022 Date Made Active in Reports: 09/30/2022 Number of Days to Update: 74 Source: California Environmental Protection Agency Telephone: 916-323-2514 Last EDR Contact: 10/17/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies TC7210538.2s Page GR-34 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING NON-CASE INFO: Non-Case Information Sites (GEOTRACKER) Non-Case Information sites Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Resources Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies OTHER OIL GAS: Other Oil & Gas Projects Sites (GEOTRACKER) Other Oil & Gas Projects sites Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Resources Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies PROD WATER PONDS: Produced Water Ponds Sites (GEOTRACKER) Produced water ponds sites Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Resources Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies SAMPLING POINT: Sampling Point ? Public Sites (GEOTRACKER) Sampling point - public sites Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Resources Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies WELL STIM PROJ: Well Stimulation Project (GEOTRACKER) Includes areas of groundwater monitoring plans, a depiction of the monitoring network, and the facilities, boundaries, and subsurface characteristics of the oilfield and the features (oil and gas wells, produced water ponds, UIC wells, water supply wells, etc?) being monitored Date of Government Version: 08/31/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/17/2022 Number of Days to Update: 78 Source: State Water Resources Control Board Telephone: 866-480-1028 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Varies HWTS: Hazardous Waste Tracking System DTSC maintains the Hazardous Waste Tracking System that stores ID number information since the early 1980s and manifest data since 1993. The system collects both manifest copies from the generator and destination facility. Date of Government Version: 04/05/2022 Date Data Arrived at EDR: 04/05/2022 Date Made Active in Reports: 04/26/2022 Number of Days to Update: 21 Source: Department of Toxic Substances Control Telephone: 916-324-2444 Last EDR Contact: 10/03/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies PCS ENF: Enforcement data No description is available for this data TC7210538.2s Page GR-35 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 12/31/2014 Date Data Arrived at EDR: 02/05/2015 Date Made Active in Reports: 03/06/2015 Number of Days to Update: 29 Source: EPA Telephone: 202-564-2497 Last EDR Contact: 09/28/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Varies PCS: Permit Compliance System PCS is a computerized management information system that contains data on National Pollutant Discharge Elimination System (NPDES) permit holding facilities. PCS tracks the permit, compliance, and enforcement status of NPDES facilities. Date of Government Version: 07/14/2011 Date Data Arrived at EDR: 08/05/2011 Date Made Active in Reports: 09/29/2011 Number of Days to Update: 55 Source: EPA, Office of Water Telephone: 202-564-2496 Last EDR Contact: 09/28/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Semi-Annually PCS INACTIVE: Listing of Inactive PCS Permits An inactive permit is a facility that has shut down or is no longer discharging. Date of Government Version: 11/05/2014 Date Data Arrived at EDR: 01/06/2015 Date Made Active in Reports: 05/06/2015 Number of Days to Update: 120 Source: EPA Telephone: 202-564-2496 Last EDR Contact: 09/28/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Semi-Annually MINES MRDS: Mineral Resources Data System Mineral Resources Data System Date of Government Version: 04/06/2018 Date Data Arrived at EDR: 10/21/2019 Date Made Active in Reports: 10/24/2019 Number of Days to Update: 3 Source: USGS Telephone: 703-648-6533 Last EDR Contact: 11/22/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: Varies EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP: EDR Proprietary Manufactured Gas Plants The EDR Proprietary Manufactured Gas Plant Database includes records of coal gas plants (manufactured gas plants) compiled by EDR’s researchers. Manufactured gas sites were used in the United States from the 1800’s to 1950’s to produce a gas that could be distributed and used as fuel. These plants used whale oil, rosin, coal, or a mixture of coal, oil, and water that also produced a significant amount of waste. Many of the byproducts of the gas production, such as coal tar (oily waste containing volatile and non-volatile chemicals), sludges, oils and other compounds are potentially hazardous to human health and the environment. The byproduct from this process was frequently disposed of directly at the plant site and can remain or spread slowly, serving as a continuous source of soil and groundwater contamination. Date of Government Version: N/A Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A Source: EDR, Inc. Telephone: N/A Last EDR Contact: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned EDR Hist Auto: EDR Exclusive Historical Auto Stations EDR has searched selected national collections of business directories and has collected listings of potential gas station/filling station/service station sites that were available to EDR researchers. EDR’s review was limited to those categories of sources that might, in EDR’s opinion, include gas station/filling station/service station establishments. The categories reviewed included, but were not limited to gas, gas station, gasoline station, filling station, auto, automobile repair, auto service station, service station, etc. This database falls within a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR’s HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. TC7210538.2s Page GR-36 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: N/A Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A Source: EDR, Inc. Telephone: N/A Last EDR Contact: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies EDR Hist Cleaner: EDR Exclusive Historical Cleaners EDR has searched selected national collections of business directories and has collected listings of potential dry cleaner sites that were available to EDR researchers. EDR’s review was limited to those categories of sources that might, in EDR’s opinion, include dry cleaning establishments. The categories reviewed included, but were not limited to dry cleaners, cleaners, laundry, laundromat, cleaning/laundry, wash & dry etc. This database falls within a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR’s HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. Date of Government Version: N/A Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A Source: EDR, Inc. Telephone: N/A Last EDR Contact: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA LF: Recovered Government Archive Solid Waste Facilities List The EDR Recovered Government Archive Landfill database provides a list of landfills derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Resources Recycling and Recovery in California. Date of Government Version: N/A Date Data Arrived at EDR: 07/01/2013 Date Made Active in Reports: 01/13/2014 Number of Days to Update: 196 Source: Department of Resources Recycling and Recovery Telephone: N/A Last EDR Contact: 06/01/2012 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies RGA LUST: Recovered Government Archive Leaking Underground Storage Tank The EDR Recovered Government Archive Leaking Underground Storage Tank database provides a list of LUST incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the State Water Resources Control Board in California. Date of Government Version: N/A Date Data Arrived at EDR: 07/01/2013 Date Made Active in Reports: 12/30/2013 Number of Days to Update: 182 Source: State Water Resources Control Board Telephone: N/A Last EDR Contact: 06/01/2012 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies COUNTY RECORDS ALAMEDA COUNTY: CS ALAMEDA: Contaminated Sites A listing of contaminated sites overseen by the Toxic Release Program (oil and groundwater contamination from chemical releases and spills) and the Leaking Underground Storage Tank Program (soil and ground water contamination from leaking petroleum USTs). Date of Government Version: 01/09/2019 Date Data Arrived at EDR: 01/11/2019 Date Made Active in Reports: 03/05/2019 Number of Days to Update: 53 Source: Alameda County Environmental Health Services Telephone: 510-567-6700 Last EDR Contact: 09/27/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Semi-Annually TC7210538.2s Page GR-37 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING UST ALAMEDA: Underground Tanks Underground storage tank sites located in Alameda county. Date of Government Version: 09/28/2022 Date Data Arrived at EDR: 09/29/2022 Date Made Active in Reports: 12/14/2022 Number of Days to Update: 76 Source: Alameda County Environmental Health Services Telephone: 510-567-6700 Last EDR Contact: 09/27/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Semi-Annually AMADOR COUNTY: CUPA AMADOR: CUPA Facility List Cupa Facility List Date of Government Version: 07/22/2022 Date Data Arrived at EDR: 07/27/2022 Date Made Active in Reports: 08/01/2022 Number of Days to Update: 5 Source: Amador County Environmental Health Telephone: 209-223-6439 Last EDR Contact: 10/26/2022 Next Scheduled EDR Contact: 02/13/2023 Data Release Frequency: Varies BUTTE COUNTY: CUPA BUTTE: CUPA Facility Listing Cupa facility list. Date of Government Version: 04/21/2017 Date Data Arrived at EDR: 04/25/2017 Date Made Active in Reports: 08/09/2017 Number of Days to Update: 106 Source: Public Health Department Telephone: 530-538-7149 Last EDR Contact: 09/27/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: No Update Planned CALVERAS COUNTY: CUPA CALVERAS: CUPA Facility Listing Cupa Facility Listing Date of Government Version: 12/13/2022 Date Data Arrived at EDR: 12/15/2022 Date Made Active in Reports: 12/21/2022 Number of Days to Update: 6 Source: Calveras County Environmental Health Telephone: 209-754-6399 Last EDR Contact: 12/13/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly COLUSA COUNTY: CUPA COLUSA: CUPA Facility List Cupa facility list. Date of Government Version: 04/06/2020 Date Data Arrived at EDR: 04/23/2020 Date Made Active in Reports: 07/10/2020 Number of Days to Update: 78 Source: Health & Human Services Telephone: 530-458-0396 Last EDR Contact: 10/26/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Semi-Annually CONTRA COSTA COUNTY: TC7210538.2s Page GR-38 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING SL CONTRA COSTA: Site List List includes sites from the underground tank, hazardous waste generator and business plan/2185 programs. Date of Government Version: 07/20/2022 Date Data Arrived at EDR: 07/20/2022 Date Made Active in Reports: 10/03/2022 Number of Days to Update: 75 Source: Contra Costa Health Services Department Telephone: 925-646-2286 Last EDR Contact: 10/20/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Semi-Annually DEL NORTE COUNTY: CUPA DEL NORTE: CUPA Facility List Cupa Facility list Date of Government Version: 05/04/2022 Date Data Arrived at EDR: 05/06/2022 Date Made Active in Reports: 07/28/2022 Number of Days to Update: 83 Source: Del Norte County Environmental Health Division Telephone: 707-465-0426 Last EDR Contact: 10/20/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Varies EL DORADO COUNTY: CUPA EL DORADO: CUPA Facility List CUPA facility list. Date of Government Version: 08/08/2022 Date Data Arrived at EDR: 08/09/2022 Date Made Active in Reports: 09/01/2022 Number of Days to Update: 23 Source: El Dorado County Environmental Management Department Telephone: 530-621-6623 Last EDR Contact: 10/20/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Varies FRESNO COUNTY: CUPA FRESNO: CUPA Resources List Certified Unified Program Agency. CUPA’s are responsible for implementing a unified hazardous materials and hazardous waste management regulatory program. The agency provides oversight of businesses that deal with hazardous materials, operate underground storage tanks or aboveground storage tanks. Date of Government Version: 06/28/2021 Date Data Arrived at EDR: 12/21/2021 Date Made Active in Reports: 03/03/2022 Number of Days to Update: 72 Source: Dept. of Community Health Telephone: 559-445-3271 Last EDR Contact: 09/30/2022 Next Scheduled EDR Contact: 01/09/2023 Data Release Frequency: Semi-Annually GLENN COUNTY: CUPA GLENN: CUPA Facility List Cupa facility list Date of Government Version: 01/22/2018 Date Data Arrived at EDR: 01/24/2018 Date Made Active in Reports: 03/14/2018 Number of Days to Update: 49 Source: Glenn County Air Pollution Control District Telephone: 830-934-6500 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: No Update Planned HUMBOLDT COUNTY: TC7210538.2s Page GR-39 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING CUPA HUMBOLDT: CUPA Facility List CUPA facility list. Date of Government Version: 08/12/2021 Date Data Arrived at EDR: 08/12/2021 Date Made Active in Reports: 11/08/2021 Number of Days to Update: 88 Source: Humboldt County Environmental Health Telephone: N/A Last EDR Contact: 11/08/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Semi-Annually IMPERIAL COUNTY: CUPA IMPERIAL: CUPA Facility List Cupa facility list. Date of Government Version: 07/13/2022 Date Data Arrived at EDR: 07/14/2022 Date Made Active in Reports: 09/29/2022 Number of Days to Update: 77 Source: San Diego Border Field Office Telephone: 760-339-2777 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies INYO COUNTY: CUPA INYO: CUPA Facility List Cupa facility list. Date of Government Version: 04/02/2018 Date Data Arrived at EDR: 04/03/2018 Date Made Active in Reports: 06/14/2018 Number of Days to Update: 72 Source: Inyo County Environmental Health Services Telephone: 760-878-0238 Last EDR Contact: 11/08/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Varies KERN COUNTY: CUPA KERN: CUPA Facility List A listing of sites included in the Kern County Hazardous Material Business Plan. Date of Government Version: 10/03/2022 Date Data Arrived at EDR: 10/05/2022 Date Made Active in Reports: 12/16/2022 Number of Days to Update: 72 Source: Kern County Public Health Telephone: 661-321-3000 Last EDR Contact: 10/05/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Varies UST KERN: Underground Storage Tank Sites & Tank Listing Kern County Sites and Tanks Listing. Date of Government Version: 10/03/2022 Date Data Arrived at EDR: 10/05/2022 Date Made Active in Reports: 12/16/2022 Number of Days to Update: 72 Source: Kern County Environment Health Services Department Telephone: 661-862-8700 Last EDR Contact: 10/05/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Quarterly KINGS COUNTY: CUPA KINGS: CUPA Facility List A listing of sites included in the county’s Certified Unified Program Agency database. California’s Secretary for Environmental Protection established the unified hazardous materials and hazardous waste regulatory program as required by chapter 6.11 of the California Health and Safety Code. The Unified Program consolidates the administration, permits, inspections, and enforcement activities. TC7210538.2s Page GR-40 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 12/03/2020 Date Data Arrived at EDR: 01/26/2021 Date Made Active in Reports: 04/14/2021 Number of Days to Update: 78 Source: Kings County Department of Public Health Telephone: 559-584-1411 Last EDR Contact: 11/08/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Varies LAKE COUNTY: CUPA LAKE: CUPA Facility List Cupa facility list Date of Government Version: 07/22/2022 Date Data Arrived at EDR: 07/25/2022 Date Made Active in Reports: 10/05/2022 Number of Days to Update: 72 Source: Lake County Environmental Health Telephone: 707-263-1164 Last EDR Contact: 10/04/2022 Next Scheduled EDR Contact: 01/23/2023 Data Release Frequency: Varies LASSEN COUNTY: CUPA LASSEN: CUPA Facility List Cupa facility list Date of Government Version: 07/31/2020 Date Data Arrived at EDR: 08/21/2020 Date Made Active in Reports: 11/09/2020 Number of Days to Update: 80 Source: Lassen County Environmental Health Telephone: 530-251-8528 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies LOS ANGELES COUNTY: AOCONCERN: Key Areas of Concerns in Los Angeles County San Gabriel Valley areas where VOC contamination is at or above the MCL as designated by region 9 EPA office. Date of Government Version: 3/30/2009 Exide Site area is a cleanup plan of lead-impacted soil surrounding the former Exide Facility as designated by the DTSC. Date of Government Version: 7/17/2017 Date of Government Version: 03/30/2009 Date Data Arrived at EDR: 03/31/2009 Date Made Active in Reports: 10/23/2009 Number of Days to Update: 206 Source: N/A Telephone: N/A Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 03/27/2023 Data Release Frequency: No Update Planned HMS LOS ANGELES: HMS: Street Number List Industrial Waste and Underground Storage Tank Sites. Date of Government Version: 10/03/2022 Date Data Arrived at EDR: 10/04/2022 Date Made Active in Reports: 12/15/2022 Number of Days to Update: 72 Source: Department of Public Works Telephone: 626-458-3517 Last EDR Contact: 09/27/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Semi-Annually LF LOS ANGELES: List of Solid Waste Facilities Solid Waste Facilities in Los Angeles County. Date of Government Version: 10/07/2022 Date Data Arrived at EDR: 10/07/2022 Date Made Active in Reports: 12/21/2022 Number of Days to Update: 75 Source: La County Department of Public Works Telephone: 818-458-5185 Last EDR Contact: 10/07/2022 Next Scheduled EDR Contact: 01/23/2023 Data Release Frequency: Varies TC7210538.2s Page GR-41 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING LF LOS ANGELES CITY: City of Los Angeles Landfills Landfills owned and maintained by the City of Los Angeles. Date of Government Version: 01/01/2022 Date Data Arrived at EDR: 01/21/2022 Date Made Active in Reports: 04/11/2022 Number of Days to Update: 80 Source: Engineering & Construction Division Telephone: 213-473-7869 Last EDR Contact: 10/04/2022 Next Scheduled EDR Contact: 01/23/2023 Data Release Frequency: Varies LOS ANGELES AST: Active & Inactive AST Inventory A listing of active & inactive above ground petroleum storage tank site locations, located in the City of Los Angeles. Date of Government Version: 06/01/2019 Date Data Arrived at EDR: 06/25/2019 Date Made Active in Reports: 08/22/2019 Number of Days to Update: 58 Source: Los Angeles Fire Department Telephone: 213-978-3800 Last EDR Contact: 12/13/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Varies LOS ANGELES CO LF METHANE: Methane Producing Landfills This data was created on April 30, 2012 to represent known disposal sites in Los Angeles County that may produce and emanate methane gas. The shapefile contains disposal sites within Los Angeles County that once accepted degradable refuse material. Information used to create this data was extracted from a landfill survey performed by County Engineers (Major Waste System Map, 1973) as well as historical records from CalRecycle, Regional Water Quality Control Board, and Los Angeles County Department of Public Health Date of Government Version: 01/10/2022 Date Data Arrived at EDR: 01/12/2022 Date Made Active in Reports: 04/04/2022 Number of Days to Update: 82 Source: Los Angeles County Department of Public Works Telephone: 626-458-6973 Last EDR Contact: 10/04/2022 Next Scheduled EDR Contact: 01/23/2023 Data Release Frequency: No Update Planned LOS ANGELES HM: Active & Inactive Hazardous Materials Inventory A listing of active & inactive hazardous materials facility locations, located in the City of Los Angeles. Date of Government Version: 08/30/2022 Date Data Arrived at EDR: 09/20/2022 Date Made Active in Reports: 12/07/2022 Number of Days to Update: 78 Source: Los Angeles Fire Department Telephone: 213-978-3800 Last EDR Contact: 12/14/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Varies LOS ANGELES UST: Active & Inactive UST Inventory A listing of active & inactive underground storage tank site locations and underground storage tank historical sites, located in the City of Los Angeles. Date of Government Version: 08/30/2022 Date Data Arrived at EDR: 09/20/2022 Date Made Active in Reports: 12/08/2022 Number of Days to Update: 79 Source: Los Angeles Fire Department Telephone: 213-978-3800 Last EDR Contact: 12/14/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Varies SITE MIT LOS ANGELES: Site Mitigation List Industrial sites that have had some sort of spill or complaint. Date of Government Version: 05/26/2021 Date Data Arrived at EDR: 07/09/2021 Date Made Active in Reports: 09/29/2021 Number of Days to Update: 82 Source: Community Health Services Telephone: 323-890-7806 Last EDR Contact: 10/20/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Annually TC7210538.2s Page GR-42 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING UST EL SEGUNDO: City of El Segundo Underground Storage Tank Underground storage tank sites located in El Segundo city. Date of Government Version: 01/21/2017 Date Data Arrived at EDR: 04/19/2017 Date Made Active in Reports: 05/10/2017 Number of Days to Update: 21 Source: City of El Segundo Fire Department Telephone: 310-524-2236 Last EDR Contact: 10/04/2022 Next Scheduled EDR Contact: 01/23/2023 Data Release Frequency: No Update Planned UST LONG BEACH: City of Long Beach Underground Storage Tank Underground storage tank sites located in the city of Long Beach. Date of Government Version: 04/22/2019 Date Data Arrived at EDR: 04/23/2019 Date Made Active in Reports: 06/27/2019 Number of Days to Update: 65 Source: City of Long Beach Fire Department Telephone: 562-570-2563 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies UST TORRANCE: City of Torrance Underground Storage Tank Underground storage tank sites located in the city of Torrance. Date of Government Version: 04/22/2022 Date Data Arrived at EDR: 07/19/2022 Date Made Active in Reports: 09/30/2022 Number of Days to Update: 73 Source: City of Torrance Fire Department Telephone: 310-618-2973 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Semi-Annually MADERA COUNTY: CUPA MADERA: CUPA Facility List A listing of sites included in the county’s Certified Unified Program Agency database. California’s Secretary for Environmental Protection established the unified hazardous materials and hazardous waste regulatory program as required by chapter 6.11 of the California Health and Safety Code. The Unified Program consolidates the administration, permits, inspections, and enforcement activities. Date of Government Version: 08/10/2020 Date Data Arrived at EDR: 08/12/2020 Date Made Active in Reports: 10/23/2020 Number of Days to Update: 72 Source: Madera County Environmental Health Telephone: 559-675-7823 Last EDR Contact: 11/08/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Varies MARIN COUNTY: UST MARIN: Underground Storage Tank Sites Currently permitted USTs in Marin County. Date of Government Version: 09/26/2018 Date Data Arrived at EDR: 10/04/2018 Date Made Active in Reports: 11/02/2018 Number of Days to Update: 29 Source: Public Works Department Waste Management Telephone: 415-473-6647 Last EDR Contact: 12/19/2022 Next Scheduled EDR Contact: 04/10/2023 Data Release Frequency: Semi-Annually MENDOCINO COUNTY: UST MENDOCINO: Mendocino County UST Database A listing of underground storage tank locations in Mendocino County. TC7210538.2s Page GR-43 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 09/22/2021 Date Data Arrived at EDR: 11/18/2021 Date Made Active in Reports: 11/22/2021 Number of Days to Update: 4 Source: Department of Public Health Telephone: 707-463-4466 Last EDR Contact: 11/15/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: Annually MERCED COUNTY: CUPA MERCED: CUPA Facility List CUPA facility list. Date of Government Version: 02/15/2022 Date Data Arrived at EDR: 02/17/2022 Date Made Active in Reports: 05/11/2022 Number of Days to Update: 83 Source: Merced County Environmental Health Telephone: 209-381-1094 Last EDR Contact: 11/08/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Varies MONO COUNTY: CUPA MONO: CUPA Facility List CUPA Facility List Date of Government Version: 02/22/2021 Date Data Arrived at EDR: 03/02/2021 Date Made Active in Reports: 05/19/2021 Number of Days to Update: 78 Source: Mono County Health Department Telephone: 760-932-5580 Last EDR Contact: 11/15/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: Varies MONTEREY COUNTY: CUPA MONTEREY: CUPA Facility Listing CUPA Program listing from the Environmental Health Division. Date of Government Version: 10/04/2021 Date Data Arrived at EDR: 10/06/2021 Date Made Active in Reports: 12/29/2021 Number of Days to Update: 84 Source: Monterey County Health Department Telephone: 831-796-1297 Last EDR Contact: 12/19/2022 Next Scheduled EDR Contact: 04/10/2023 Data Release Frequency: Varies NAPA COUNTY: LUST NAPA: Sites With Reported Contamination A listing of leaking underground storage tank sites located in Napa county. Date of Government Version: 01/09/2017 Date Data Arrived at EDR: 01/11/2017 Date Made Active in Reports: 03/02/2017 Number of Days to Update: 50 Source: Napa County Department of Environmental Management Telephone: 707-253-4269 Last EDR Contact: 11/15/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: No Update Planned UST NAPA: Closed and Operating Underground Storage Tank Sites Underground storage tank sites located in Napa county. Date of Government Version: 09/05/2019 Date Data Arrived at EDR: 09/09/2019 Date Made Active in Reports: 10/31/2019 Number of Days to Update: 52 Source: Napa County Department of Environmental Management Telephone: 707-253-4269 Last EDR Contact: 11/15/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: No Update Planned NEVADA COUNTY: TC7210538.2s Page GR-44 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING CUPA NEVADA: CUPA Facility List CUPA facility list. Date of Government Version: 07/21/2022 Date Data Arrived at EDR: 07/25/2022 Date Made Active in Reports: 07/28/2022 Number of Days to Update: 3 Source: Community Development Agency Telephone: 530-265-1467 Last EDR Contact: 10/20/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Varies ORANGE COUNTY: IND_SITE ORANGE: List of Industrial Site Cleanups Petroleum and non-petroleum spills. Date of Government Version: 05/24/2022 Date Data Arrived at EDR: 08/09/2022 Date Made Active in Reports: 10/28/2022 Number of Days to Update: 80 Source: Health Care Agency Telephone: 714-834-3446 Last EDR Contact: 11/03/2022 Next Scheduled EDR Contact: 02/13/2023 Data Release Frequency: Annually LUST ORANGE: List of Underground Storage Tank Cleanups Orange County Underground Storage Tank Cleanups (LUST). Date of Government Version: 04/08/2022 Date Data Arrived at EDR: 05/18/2022 Date Made Active in Reports: 08/03/2022 Number of Days to Update: 77 Source: Health Care Agency Telephone: 714-834-3446 Last EDR Contact: 11/03/2022 Next Scheduled EDR Contact: 02/13/2023 Data Release Frequency: Quarterly UST ORANGE: List of Underground Storage Tank Facilities Orange County Underground Storage Tank Facilities (UST). Date of Government Version: 05/24/2022 Date Data Arrived at EDR: 08/01/2022 Date Made Active in Reports: 10/20/2022 Number of Days to Update: 80 Source: Health Care Agency Telephone: 714-834-3446 Last EDR Contact: 11/03/2022 Next Scheduled EDR Contact: 02/13/2023 Data Release Frequency: Quarterly PLACER COUNTY: MS PLACER: Master List of Facilities List includes aboveground tanks, underground tanks and cleanup sites. Date of Government Version: 08/26/2022 Date Data Arrived at EDR: 08/29/2022 Date Made Active in Reports: 11/15/2022 Number of Days to Update: 78 Source: Placer County Health and Human Services Telephone: 530-745-2363 Last EDR Contact: 11/22/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Semi-Annually PLUMAS COUNTY: CUPA PLUMAS: CUPA Facility List Plumas County CUPA Program facilities. Date of Government Version: 03/31/2019 Date Data Arrived at EDR: 04/23/2019 Date Made Active in Reports: 06/26/2019 Number of Days to Update: 64 Source: Plumas County Environmental Health Telephone: 530-283-6355 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies RIVERSIDE COUNTY: TC7210538.2s Page GR-45 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING LUST RIVERSIDE: Listing of Underground Tank Cleanup Sites Riverside County Underground Storage Tank Cleanup Sites (LUST). Date of Government Version: 09/22/2022 Date Data Arrived at EDR: 09/26/2022 Date Made Active in Reports: 12/09/2022 Number of Days to Update: 74 Source: Department of Environmental Health Telephone: 951-358-5055 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 03/27/2023 Data Release Frequency: Quarterly UST RIVERSIDE: Underground Storage Tank Tank List Underground storage tank sites located in Riverside county. Date of Government Version: 09/22/2022 Date Data Arrived at EDR: 09/26/2022 Date Made Active in Reports: 12/09/2022 Number of Days to Update: 74 Source: Department of Environmental Health Telephone: 951-358-5055 Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 03/27/2023 Data Release Frequency: Quarterly SACRAMENTO COUNTY: CS SACRAMENTO: Toxic Site Clean-Up List List of sites where unauthorized releases of potentially hazardous materials have occurred. Date of Government Version: 06/18/2021 Date Data Arrived at EDR: 09/28/2021 Date Made Active in Reports: 12/14/2021 Number of Days to Update: 77 Source: Sacramento County Environmental Management Telephone: 916-875-8406 Last EDR Contact: 12/21/2022 Next Scheduled EDR Contact: 04/10/2023 Data Release Frequency: Quarterly ML SACRAMENTO: Master Hazardous Materials Facility List Any business that has hazardous materials on site - hazardous material storage sites, underground storage tanks, waste generators. Date of Government Version: 05/04/2022 Date Data Arrived at EDR: 06/30/2022 Date Made Active in Reports: 07/05/2022 Number of Days to Update: 5 Source: Sacramento County Environmental Management Telephone: 916-875-8406 Last EDR Contact: 12/09/2022 Next Scheduled EDR Contact: 04/10/2023 Data Release Frequency: Quarterly SAN BENITO COUNTY: CUPA SAN BENITO: CUPA Facility List Cupa facility list Date of Government Version: 07/27/2022 Date Data Arrived at EDR: 07/27/2022 Date Made Active in Reports: 10/11/2022 Number of Days to Update: 76 Source: San Benito County Environmental Health Telephone: N/A Last EDR Contact: 10/26/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Varies SAN BERNARDINO COUNTY: PERMITS SAN BERNARDINO: Hazardous Material Permits This listing includes underground storage tanks, medical waste handlers/generators, hazardous materials handlers, hazardous waste generators, and waste oil generators/handlers. TC7210538.2s Page GR-46 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 08/22/2022 Date Data Arrived at EDR: 08/23/2022 Date Made Active in Reports: 11/11/2022 Number of Days to Update: 80 Source: San Bernardino County Fire Department Hazardous Materials Division Telephone: 909-387-3041 Last EDR Contact: 10/28/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Quarterly SAN DIEGO COUNTY: HMMD SAN DIEGO: Hazardous Materials Management Division Database The database includes: HE58 - This report contains the business name, site address, business phone number, establishment ’H’ permit number, type of permit, and the business status. HE17 - In addition to providing the same information provided in the HE58 listing, HE17 provides inspection dates, violations received by the establishment, hazardous waste generated, the quantity, method of storage, treatment/disposal of waste and the hauler, and information on underground storage tanks. Unauthorized Release List - Includes a summary of environmental contamination cases in San Diego County (underground tank cases, non-tank cases, groundwater contamination, and soil contamination are included.) Date of Government Version: 08/25/2022 Date Data Arrived at EDR: 08/25/2022 Date Made Active in Reports: 11/15/2022 Number of Days to Update: 82 Source: Hazardous Materials Management Division Telephone: 619-338-2268 Last EDR Contact: 11/29/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Quarterly LF SAN DIEGO: Solid Waste Facilities San Diego County Solid Waste Facilities. Date of Government Version: 10/27/2021 Date Data Arrived at EDR: 03/04/2022 Date Made Active in Reports: 05/31/2022 Number of Days to Update: 88 Source: Department of Health Services Telephone: 619-338-2209 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies SAN DIEGO CO LOP: Local Oversight Program Listing A listing of all LOP release sites that are or were under the County of San Diego’s jurisdiction. Included are closed or transferred cases, open cases, and cases that did not have a case type indicated. The cases without a case type are mostly complaints; however, some of them could be LOP cases. Date of Government Version: 07/22/2021 Date Data Arrived at EDR: 10/19/2021 Date Made Active in Reports: 01/13/2022 Number of Days to Update: 86 Source: Department of Environmental Health Telephone: 858-505-6874 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies SAN DIEGO CO SAM: Environmental Case Listing The listing contains all underground tank release cases and projects pertaining to properties contaminated with hazardous substances that are actively under review by the Site Assessment and Mitigation Program. Date of Government Version: 03/23/2010 Date Data Arrived at EDR: 06/15/2010 Date Made Active in Reports: 07/09/2010 Number of Days to Update: 24 Source: San Diego County Department of Environmental Health Telephone: 619-338-2371 Last EDR Contact: 11/22/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: No Update Planned SAN FRANCISCO COUNTY: CUPA SAN FRANCISCO CO: CUPA Facility Listing Cupa facilities TC7210538.2s Page GR-47 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 08/04/2022 Date Data Arrived at EDR: 08/04/2022 Date Made Active in Reports: 10/20/2022 Number of Days to Update: 77 Source: San Francisco County Department of Environmental Health Telephone: 415-252-3896 Last EDR Contact: 10/26/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Varies LUST SAN FRANCISCO: Local Oversite Facilities A listing of leaking underground storage tank sites located in San Francisco county. Date of Government Version: 09/19/2008 Date Data Arrived at EDR: 09/19/2008 Date Made Active in Reports: 09/29/2008 Number of Days to Update: 10 Source: Department Of Public Health San Francisco County Telephone: 415-252-3920 Last EDR Contact: 10/26/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: No Update Planned UST SAN FRANCISCO: Underground Storage Tank Information Underground storage tank sites located in San Francisco county. Date of Government Version: 08/04/2022 Date Data Arrived at EDR: 08/04/2022 Date Made Active in Reports: 10/20/2022 Number of Days to Update: 77 Source: Department of Public Health Telephone: 415-252-3920 Last EDR Contact: 10/26/2022 Next Scheduled EDR Contact: 02/13/2023 Data Release Frequency: Quarterly SAN FRANCISO COUNTY: SAN FRANCISCO MAHER: Maher Ordinance Property Listing a listing of properties that fall within a Maher Ordinance, for all of San Francisco Date of Government Version: 01/18/2022 Date Data Arrived at EDR: 01/20/2022 Date Made Active in Reports: 04/27/2022 Number of Days to Update: 97 Source: San Francisco Planning Telephone: 628-652-7483 Last EDR Contact: 10/07/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies SAN JOAQUIN COUNTY: UST SAN JOAQUIN: San Joaquin Co. UST A listing of underground storage tank locations in San Joaquin county. Date of Government Version: 06/22/2018 Date Data Arrived at EDR: 06/26/2018 Date Made Active in Reports: 07/11/2018 Number of Days to Update: 15 Source: Environmental Health Department Telephone: N/A Last EDR Contact: 12/06/2022 Next Scheduled EDR Contact: 03/27/2023 Data Release Frequency: Semi-Annually SAN LUIS OBISPO COUNTY: CUPA SAN LUIS OBISPO: CUPA Facility List Cupa Facility List. Date of Government Version: 08/10/2022 Date Data Arrived at EDR: 08/11/2022 Date Made Active in Reports: 10/28/2022 Number of Days to Update: 78 Source: San Luis Obispo County Public Health Department Telephone: 805-781-5596 Last EDR Contact: 11/08/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Varies SAN MATEO COUNTY: TC7210538.2s Page GR-48 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING BI SAN MATEO: Business Inventory List includes Hazardous Materials Business Plan, hazardous waste generators, and underground storage tanks. Date of Government Version: 02/20/2020 Date Data Arrived at EDR: 02/20/2020 Date Made Active in Reports: 04/24/2020 Number of Days to Update: 64 Source: San Mateo County Environmental Health Services Division Telephone: 650-363-1921 Last EDR Contact: 12/09/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Annually LUST SAN MATEO: Fuel Leak List A listing of leaking underground storage tank sites located in San Mateo county. Date of Government Version: 03/29/2019 Date Data Arrived at EDR: 03/29/2019 Date Made Active in Reports: 05/29/2019 Number of Days to Update: 61 Source: San Mateo County Environmental Health Services Division Telephone: 650-363-1921 Last EDR Contact: 11/30/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Semi-Annually SANTA BARBARA COUNTY: CUPA SANTA BARBARA: CUPA Facility Listing CUPA Program Listing from the Environmental Health Services division. Date of Government Version: 09/08/2011 Date Data Arrived at EDR: 09/09/2011 Date Made Active in Reports: 10/07/2011 Number of Days to Update: 28 Source: Santa Barbara County Public Health Department Telephone: 805-686-8167 Last EDR Contact: 11/08/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: No Update Planned SANTA CLARA COUNTY: CUPA SANTA CLARA: Cupa Facility List Cupa facility list Date of Government Version: 05/16/2022 Date Data Arrived at EDR: 05/18/2022 Date Made Active in Reports: 08/04/2022 Number of Days to Update: 78 Source: Department of Environmental Health Telephone: 408-918-1973 Last EDR Contact: 10/28/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Varies HIST LUST SANTA CLARA: HIST LUST - Fuel Leak Site Activity Report A listing of open and closed leaking underground storage tanks. This listing is no longer updated by the county. Leaking underground storage tanks are now handled by the Department of Environmental Health. Date of Government Version: 03/29/2005 Date Data Arrived at EDR: 03/30/2005 Date Made Active in Reports: 04/21/2005 Number of Days to Update: 22 Source: Santa Clara Valley Water District Telephone: 408-265-2600 Last EDR Contact: 03/23/2009 Next Scheduled EDR Contact: 06/22/2009 Data Release Frequency: No Update Planned LUST SANTA CLARA: LOP Listing A listing of leaking underground storage tanks located in Santa Clara county. Date of Government Version: 03/03/2014 Date Data Arrived at EDR: 03/05/2014 Date Made Active in Reports: 03/18/2014 Number of Days to Update: 13 Source: Department of Environmental Health Telephone: 408-918-3417 Last EDR Contact: 11/15/2022 Next Scheduled EDR Contact: 03/06/2023 Data Release Frequency: No Update Planned TC7210538.2s Page GR-49 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING SAN JOSE HAZMAT: Hazardous Material Facilities Hazardous material facilities, including underground storage tank sites. Date of Government Version: 11/03/2020 Date Data Arrived at EDR: 11/05/2020 Date Made Active in Reports: 01/26/2021 Number of Days to Update: 82 Source: City of San Jose Fire Department Telephone: 408-535-7694 Last EDR Contact: 10/26/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Annually SANTA CRUZ COUNTY: CUPA SANTA CRUZ: CUPA Facility List CUPA facility listing. Date of Government Version: 01/21/2017 Date Data Arrived at EDR: 02/22/2017 Date Made Active in Reports: 05/23/2017 Number of Days to Update: 90 Source: Santa Cruz County Environmental Health Telephone: 831-464-2761 Last EDR Contact: 11/08/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Varies SHASTA COUNTY: CUPA SHASTA: CUPA Facility List Cupa Facility List. Date of Government Version: 06/15/2017 Date Data Arrived at EDR: 06/19/2017 Date Made Active in Reports: 08/09/2017 Number of Days to Update: 51 Source: Shasta County Department of Resource Management Telephone: 530-225-5789 Last EDR Contact: 11/08/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Varies SOLANO COUNTY: LUST SOLANO: Leaking Underground Storage Tanks A listing of leaking underground storage tank sites located in Solano county. Date of Government Version: 06/04/2019 Date Data Arrived at EDR: 06/06/2019 Date Made Active in Reports: 08/13/2019 Number of Days to Update: 68 Source: Solano County Department of Environmental Management Telephone: 707-784-6770 Last EDR Contact: 11/22/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Quarterly UST SOLANO: Underground Storage Tanks Underground storage tank sites located in Solano county. Date of Government Version: 09/15/2021 Date Data Arrived at EDR: 09/16/2021 Date Made Active in Reports: 12/09/2021 Number of Days to Update: 84 Source: Solano County Department of Environmental Management Telephone: 707-784-6770 Last EDR Contact: 11/22/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Quarterly SONOMA COUNTY: CUPA SONOMA: Cupa Facility List Cupa Facility list TC7210538.2s Page GR-50 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 07/02/2021 Date Data Arrived at EDR: 07/06/2021 Date Made Active in Reports: 07/14/2021 Number of Days to Update: 8 Source: County of Sonoma Fire & Emergency Services Department Telephone: 707-565-1174 Last EDR Contact: 12/13/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Varies LUST SONOMA: Leaking Underground Storage Tank Sites A listing of leaking underground storage tank sites located in Sonoma county. Date of Government Version: 06/30/2021 Date Data Arrived at EDR: 06/30/2021 Date Made Active in Reports: 09/24/2021 Number of Days to Update: 86 Source: Department of Health Services Telephone: 707-565-6565 Last EDR Contact: 12/13/2022 Next Scheduled EDR Contact: 04/03/2023 Data Release Frequency: Quarterly STANISLAUS COUNTY: CUPA STANISLAUS: CUPA Facility List Cupa facility list Date of Government Version: 02/08/2022 Date Data Arrived at EDR: 02/10/2022 Date Made Active in Reports: 05/04/2022 Number of Days to Update: 83 Source: Stanislaus County Department of Ennvironmental Protection Telephone: 209-525-6751 Last EDR Contact: 10/04/2022 Next Scheduled EDR Contact: 01/23/2023 Data Release Frequency: Varies SUTTER COUNTY: UST SUTTER: Underground Storage Tanks Underground storage tank sites located in Sutter county. Date of Government Version: 08/03/2022 Date Data Arrived at EDR: 08/25/2022 Date Made Active in Reports: 11/14/2022 Number of Days to Update: 81 Source: Sutter County Environmental Health Services Telephone: 530-822-7500 Last EDR Contact: 11/23/2022 Next Scheduled EDR Contact: 03/13/2023 Data Release Frequency: Semi-Annually TEHAMA COUNTY: CUPA TEHAMA: CUPA Facility List Cupa facilities Date of Government Version: 07/27/2022 Date Data Arrived at EDR: 07/27/2022 Date Made Active in Reports: 10/11/2022 Number of Days to Update: 76 Source: Tehama County Department of Environmental Health Telephone: 530-527-8020 Last EDR Contact: 11/08/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Varies TRINITY COUNTY: CUPA TRINITY: CUPA Facility List Cupa facility list Date of Government Version: 07/13/2022 Date Data Arrived at EDR: 07/14/2022 Date Made Active in Reports: 09/29/2022 Number of Days to Update: 77 Source: Department of Toxic Substances Control Telephone: 760-352-0381 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies TULARE COUNTY: TC7210538.2s Page GR-51 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING CUPA TULARE: CUPA Facility List Cupa program facilities Date of Government Version: 10/07/2022 Date Data Arrived at EDR: 10/07/2022 Date Made Active in Reports: 12/21/2022 Number of Days to Update: 75 Source: Tulare County Environmental Health Services Division Telephone: 559-624-7400 Last EDR Contact: 10/05/2022 Next Scheduled EDR Contact: 02/16/2023 Data Release Frequency: Varies TUOLUMNE COUNTY: CUPA TUOLUMNE: CUPA Facility List Cupa facility list Date of Government Version: 04/23/2018 Date Data Arrived at EDR: 04/25/2018 Date Made Active in Reports: 06/25/2018 Number of Days to Update: 61 Source: Divison of Environmental Health Telephone: 209-533-5633 Last EDR Contact: 10/11/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Varies VENTURA COUNTY: BWT VENTURA: Business Plan, Hazardous Waste Producers, and Operating Underground Tanks The BWT list indicates by site address whether the Environmental Health Division has Business Plan (B), Waste Producer (W), and/or Underground Tank (T) information. Date of Government Version: 05/26/2022 Date Data Arrived at EDR: 07/21/2022 Date Made Active in Reports: 09/30/2022 Number of Days to Update: 71 Source: Ventura County Environmental Health Division Telephone: 805-654-2813 Last EDR Contact: 10/17/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Quarterly LF VENTURA: Inventory of Illegal Abandoned and Inactive Sites Ventura County Inventory of Closed, Illegal Abandoned, and Inactive Sites. Date of Government Version: 12/01/2011 Date Data Arrived at EDR: 12/01/2011 Date Made Active in Reports: 01/19/2012 Number of Days to Update: 49 Source: Environmental Health Division Telephone: 805-654-2813 Last EDR Contact: 12/19/2022 Next Scheduled EDR Contact: 04/10/2023 Data Release Frequency: No Update Planned LUST VENTURA: Listing of Underground Tank Cleanup Sites Ventura County Underground Storage Tank Cleanup Sites (LUST). Date of Government Version: 05/29/2008 Date Data Arrived at EDR: 06/24/2008 Date Made Active in Reports: 07/31/2008 Number of Days to Update: 37 Source: Environmental Health Division Telephone: 805-654-2813 Last EDR Contact: 11/01/2022 Next Scheduled EDR Contact: 02/20/2023 Data Release Frequency: No Update Planned MED WASTE VENTURA: Medical Waste Program List To protect public health and safety and the environment from potential exposure to disease causing agents, the Environmental Health Division Medical Waste Program regulates the generation, handling, storage, treatment and disposal of medical waste throughout the County. Date of Government Version: 05/26/2022 Date Data Arrived at EDR: 07/25/2022 Date Made Active in Reports: 10/05/2022 Number of Days to Update: 72 Source: Ventura County Resource Management Agency Telephone: 805-654-2813 Last EDR Contact: 10/17/2022 Next Scheduled EDR Contact: 01/30/2023 Data Release Frequency: Quarterly TC7210538.2s Page GR-52 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING UST VENTURA: Underground Tank Closed Sites List Ventura County Operating Underground Storage Tank Sites (UST)/Underground Tank Closed Sites List. Date of Government Version: 08/29/2022 Date Data Arrived at EDR: 08/31/2022 Date Made Active in Reports: 11/21/2022 Number of Days to Update: 82 Source: Environmental Health Division Telephone: 805-654-2813 Last EDR Contact: 12/02/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Quarterly YOLO COUNTY: UST YOLO: Underground Storage Tank Comprehensive Facility Report Underground storage tank sites located in Yolo county. Date of Government Version: 09/21/2022 Date Data Arrived at EDR: 09/30/2022 Date Made Active in Reports: 12/14/2022 Number of Days to Update: 75 Source: Yolo County Department of Health Telephone: 530-666-8646 Last EDR Contact: 12/19/2022 Next Scheduled EDR Contact: 04/10/2023 Data Release Frequency: Annually YUBA COUNTY: CUPA YUBA: CUPA Facility List CUPA facility listing for Yuba County. Date of Government Version: 10/25/2022 Date Data Arrived at EDR: 10/26/2022 Date Made Active in Reports: 10/31/2022 Number of Days to Update: 5 Source: Yuba County Environmental Health Department Telephone: 530-749-7523 Last EDR Contact: 10/20/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Varies OTHER DATABASE(S) Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be complete. For example, the existence of wetlands information data in a specific report does not mean that all wetlands in the area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report. CT MANIFEST: Hazardous Waste Manifest Data Facility and manifest data. Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a tsd facility. Date of Government Version: 08/08/2022 Date Data Arrived at EDR: 08/08/2022 Date Made Active in Reports: 10/21/2022 Number of Days to Update: 74 Source: Department of Energy & Environmental Protection Telephone: 860-424-3375 Last EDR Contact: 11/16/2022 Next Scheduled EDR Contact: 02/20/2023 Data Release Frequency: No Update Planned NJ MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2018 Date Data Arrived at EDR: 04/10/2019 Date Made Active in Reports: 05/16/2019 Number of Days to Update: 36 Source: Department of Environmental Protection Telephone: N/A Last EDR Contact: 10/03/2022 Next Scheduled EDR Contact: 01/16/2023 Data Release Frequency: Annually TC7210538.2s Page GR-53 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING NY MANIFEST: Facility and Manifest Data Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a TSD facility. Date of Government Version: 01/01/2019 Date Data Arrived at EDR: 10/29/2021 Date Made Active in Reports: 01/19/2022 Number of Days to Update: 82 Source: Department of Environmental Conservation Telephone: 518-402-8651 Last EDR Contact: 10/28/2022 Next Scheduled EDR Contact: 02/06/2023 Data Release Frequency: Quarterly PA MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 06/30/2018 Date Data Arrived at EDR: 07/19/2019 Date Made Active in Reports: 09/10/2019 Number of Days to Update: 53 Source: Department of Environmental Protection Telephone: 717-783-8990 Last EDR Contact: 10/05/2022 Next Scheduled EDR Contact: 01/23/2023 Data Release Frequency: Annually RI MANIFEST: Manifest information Hazardous waste manifest information Date of Government Version: 12/31/2020 Date Data Arrived at EDR: 11/30/2021 Date Made Active in Reports: 02/18/2022 Number of Days to Update: 80 Source: Department of Environmental Management Telephone: 401-222-2797 Last EDR Contact: 12/20/2022 Next Scheduled EDR Contact: 02/27/2023 Data Release Frequency: Annually WI MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 05/31/2018 Date Data Arrived at EDR: 06/19/2019 Date Made Active in Reports: 09/03/2019 Number of Days to Update: 76 Source: Department of Natural Resources Telephone: N/A Last EDR Contact: 12/01/2022 Next Scheduled EDR Contact: 03/20/2023 Data Release Frequency: Annually Oil/Gas Pipelines Source: Endeavor Business Media Petroleum Bundle (Crude Oil, Refined Products, Petrochemicals, Gas Liquids (LPG/NGL), and Specialty Gases (Miscellaneous)) N = Natural Gas Bundle (Natural Gas, Gas Liquids (LPG/NGL), and Specialty Gases (Miscellaneous)). This map includes information copyrighted by Endeavor Business Media. This information is provided on a best effort basis and Endeavor Business Media does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of Endeavor Business Media. Electric Power Transmission Line Data Source: Endeavor Business Media This map includes information copyrighted by Endeavor Business Media. This information is provided on a best effort basis and Endeavor Business Media does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of Endeavor Business Media. Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity to environmental discharges. These sensitive receptors typically include the elderly, the sick, and children. While the location of all sensitive receptors cannot be determined, EDR indicates those buildings and facilities - schools, daycares, hospitals, medical centers, and nursing homes - where individuals who are sensitive receptors are likely to be located. AHA Hospitals: Source: American Hospital Association, Inc. Telephone: 312-280-5991 The database includes a listing of hospitals based on the American Hospital Association’s annual survey of hospitals. Medical Centers: Provider of Services Listing Source: Centers for Medicare & Medicaid Services Telephone: 410-786-3000 A listing of hospitals with Medicare provider number, produced by Centers of Medicare & Medicaid Services, a federal agency within the U.S. Department of Health and Human Services. TC7210538.2s Page GR-54 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Nursing Homes Source: National Institutes of Health Telephone: 301-594-6248 Information on Medicare and Medicaid certified nursing homes in the United States. Public Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics’ primary database on elementary and secondary public education in the United States. It is a comprehensive, annual, national statistical database of all public elementary and secondary schools and school districts, which contains data that are comparable across all states. Private Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics’ primary database on private school locations in the United States. Daycare Centers: Licensed Facilities Source: Department of Social Services Telephone: 916-657-4041 Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts 100-year and 500-year flood zones as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL. Source: FEMA Telephone: 877-336-2627 Date of Government Version: 2003, 2015 NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005, 2010 and 2015 from the U.S. Fish and Wildlife Service. State Wetlands Data: Wetland Inventory Source: Department of Fish and Wildlife Telephone: 916-445-0411 Current USGS 7.5 Minute Topographic Map Source: U.S. Geological Survey STREET AND ADDRESS INFORMATION Â© 2015 TomTom North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC7210538.2s Page GR-55 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING TC7210538.2s Page A-1 geologic strata. of the soil, and nearby wells. Groundwater flow velocity is generally impacted by the nature of the Groundwater flow direction may be impacted by surface topography, hydrology, hydrogeology, characteristics 2. Groundwater flow velocity. 1. Groundwater flow direction, and Assessment of the impact of contaminant migration generally has two principle investigative components: forming an opinion about the impact of potential contaminant migration. EDR’s GeoCheck Physical Setting Source Addendum is provided to assist the environmental professional in 2018Version Date: 12012169 FRESNO SOUTH, CATarget Property Map: USGS TOPOGRAPHIC MAP 280 ft. above sea levelElevation: 4063645.0UTM Y (Meters): 251266.5UTM X (Meters): Zone 11Universal Tranverse Mercator: 119.783784 - 119ˆ 47’ 1.62’’Longitude (West): 36.687761 - 36ˆ 41’ 15.94’’Latitude (North): TARGET PROPERTY COORDINATES FRESNO, CA 93706 SOUTH CHERRY AVENUE FRESNO CROWN TRUCK PROJECT TARGET PROPERTY ADDRESS ®GEOCHECK - PHYSICAL SETTING SOURCE ADDENDUM® TC7210538.2s Page A-3 Not Reported GENERAL DIRECTIONLOCATION GROUNDWATER FLOWFROM TPMAP ID hydrogeologically, and the depth to water table. authorities at select sites and has extracted the date of the report, groundwater flow direction as determined flow at specific points. EDR has reviewed reports submitted by environmental professionals to regulatory EDR has developed the AQUIFLOW Information System to provide data on the general direction of groundwater AQUIFLOW® Search Radius: 1.000 Mile. Not found Status: 1.25 miles Search Radius: Site-Specific Hydrogeological Data*: * ©1996 Site-specific hydrogeological data gathered by CERCLIS Alerts, Inc., Bainbridge Island, WA. All rights reserved. All of the information and opinions presented are those of the cited EPA report(s), which were completed under a Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS) investigation. contamination exist on the target property, what downgradient sites might be impacted. environmental professional in forming an opinion about the impact of nearby contaminated properties or, should of groundwater flow direction in the immediate area. Such hydrogeologic information can be used to assist the Hydrogeologic information obtained by installation of wells on a specific site can often be an indicator HYDROGEOLOGIC INFORMATION YES - refer to the Overview Map and Detail MapFRESNO SOUTH NATIONAL WETLAND INVENTORY NWI Electronic Data CoverageNWI Quad at Target Property FEMA FIRM Flood data06019C2125H Additional Panels in search area:FEMA Source Type FEMA FIRM Flood data06019C2110H Flood Plain Panel at Target Property FEMA Source Type FEMA FLOOD ZONE and bodies of water). Refer to the Physical Setting Source Map following this summary for hydrologic information (major waterways contamination exist on the target property, what downgradient sites might be impacted. the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should Surface water can act as a hydrologic barrier to groundwater flow. Such hydrologic information can be used to assist HYDROLOGIC INFORMATION ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC7210538.2s Page A-4 Map, USGS Digital Data Series DDS - 11 (1994). of the Conterminous U.S. at 1:2,500,000 Scale - a digital representation of the 1974 P.B. King and H.M. Beikman Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology ROCK STRATIGRAPHIC UNIT GEOLOGIC AGE IDENTIFICATION Stratifed SequenceCategory:CenozoicEra: QuaternarySystem: QuaternarySeries: QCode: (decoded above as Era, System & Series) at which contaminant migration may be occurring. Geologic information can be used by the environmental professional in forming an opinion about the relative speed GEOLOGIC INFORMATION IN GENERAL AREA OF TARGET PROPERTY move more quickly through sandy-gravelly types of soils than silty-clayey types of soils. characteristics data collected on nearby properties and regional soil information. In general, contaminant plumes to rely on other sources of information, including geologic age identification, rock stratigraphic unit and soil using site specific geologic and soil strata data. If such data are not reasonably ascertainable, it may be necessary Groundwater flow velocity information for a particular site is best determined by a qualified environmental professional GROUNDWATER FLOW VELOCITY INFORMATION ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC7210538.2s Page A-6 Min: 7.4 Max: 8.4 Min: 0.42 Max: 1.4 50%), silt. limit less than Clays (liquid SOILS, Silts and FINE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Clayfine sandy loam42 inches31 inches 3 Min: 7.4 Max: 8.4 Min: 0.42 Max: 1.4 50%), silt. limit less than Clays (liquid SOILS, Silts and FINE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Clayfine sandy loam31 inches11 inches 2 Min: 7.4 Max: 8.4 Min: 0.42 Max: 1.4 50%), silt. limit less than Clays (liquid SOILS, Silts and FINE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Clayfine sandy loam11 inches 0 inches 1 Soil Layer Information Boundary Classification Saturated hydraulic conductivity micro m/sec Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil Soil Reaction (pH) > 0 inchesDepth to Watertable Min: > 0 inchesDepth to Bedrock Min: HighCorrosion Potential - Uncoated Steel: Hydric Status: Not hydric Well drainedSoil Drainage Class: textures. moderately well and well drained soils with moderately coarse Class B - Moderate infiltration rates. Deep and moderately deep,Hydrologic Group: fine sandy loamSoil Surface Texture: HESPERIASoil Component Name: Soil Map ID: 1 in a landscape. The following information is based on Soil Conservation Service SSURGO data. for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information The U.S. Department of Agriculture’s (USDA) Soil Conservation Service (SCS) leads the National Cooperative Soil DOMINANT SOIL COMPOSITION IN GENERAL AREA OF TARGET PROPERTY ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC7210538.2s Page A-7 7.9 Max: 9 Min: Min: 0.42 Max: 1.4 50%), silt. limit less than Clays (liquid SOILS, Silts and FINE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Clayfine sandy loam31 inches11 inches 2 7.9 Max: 9 Min: Min: 0.42 Max: 1.4 50%), silt. limit less than Clays (liquid SOILS, Silts and FINE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Clayfine sandy loam11 inches 0 inches 1 Soil Layer Information Boundary Classification Saturated hydraulic conductivity micro m/sec Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil Soil Reaction (pH) > 0 inchesDepth to Watertable Min: > 0 inchesDepth to Bedrock Min: HighCorrosion Potential - Uncoated Steel: Hydric Status: Not hydric Well drainedSoil Drainage Class: textures. moderately well and well drained soils with moderately coarse Class B - Moderate infiltration rates. Deep and moderately deep,Hydrologic Group: fine sandy loamSoil Surface Texture: HESPERIASoil Component Name: Soil Map ID: 2 Min: 7.4 Max: 8.4 Min: 0.42 Max: 1.4 50%), silt. limit less than Clays (liquid SOILS, Silts and FINE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Claysilt59 inches42 inches 4 Soil Layer Information Boundary Classification Saturated hydraulic conductivity micro m/sec Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil Soil Reaction (pH) ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC7210538.2s Page A-8 Min: 6.1 Max: 7.3 Min: 14 Max: 42 Silty Sand. Sands with fines, SOILS, Sands, COARSE-GRAINED and Sand. Clayey Gravel 200), Silty, or passing No. pct. or less materials (35 Granularsandy loam16 inches 0 inches 1 Soil Layer Information Boundary Classification Saturated hydraulic conductivity micro m/sec Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil Soil Reaction (pH) > 0 inchesDepth to Watertable Min: > 0 inchesDepth to Bedrock Min: ModerateCorrosion Potential - Uncoated Steel: Hydric Status: Not hydric Well drainedSoil Drainage Class: textures. moderately well and well drained soils with moderately coarse Class B - Moderate infiltration rates. Deep and moderately deep,Hydrologic Group: sandy loamSoil Surface Texture: HANFORDSoil Component Name: Soil Map ID: 3 7.9 Max: 9 Min: Min: 0.42 Max: 1.4 50%), silt. limit less than Clays (liquid SOILS, Silts and FINE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Claysilt59 inches42 inches 4 7.9 Max: 9 Min: Min: 0.42 Max: 1.4 50%), silt. limit less than Clays (liquid SOILS, Silts and FINE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Clayfine sandy loam42 inches31 inches 3 Soil Layer Information Boundary Classification Saturated hydraulic conductivity micro m/sec Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil Soil Reaction (pH) ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC7210538.2s Page A-9 Min: 6.1 Max: 7.3 Min: 14 Max: 42 Silty Sand. Sands with fines, SOILS, Sands, COARSE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Clayfine sandy loam72 inches16 inches 2 Min: 6.1 Max: 7.3 Min: 14 Max: 42 Silty Sand. Sands with fines, SOILS, Sands, COARSE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Clayfine sandy loam16 inches 0 inches 1 Soil Layer Information Boundary Classification Saturated hydraulic conductivity micro m/sec Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil Soil Reaction (pH) > 0 inchesDepth to Watertable Min: > 0 inchesDepth to Bedrock Min: ModerateCorrosion Potential - Uncoated Steel: Hydric Status: Partially hydric Well drainedSoil Drainage Class: textures. moderately well and well drained soils with moderately coarse Class B - Moderate infiltration rates. Deep and moderately deep,Hydrologic Group: fine sandy loamSoil Surface Texture: HANFORDSoil Component Name: Soil Map ID: 4 Min: 6.1 Max: 7.3 Min: 14 Max: 42 Silty Sand. Sands with fines, SOILS, Sands, COARSE-GRAINED and Sand. Clayey Gravel 200), Silty, or passing No. pct. or less materials (35 Granularsandy loam72 inches16 inches 2 Soil Layer Information Boundary Classification Saturated hydraulic conductivity micro m/sec Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil Soil Reaction (pH) ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC7210538.2s Page A-10 opinion about the impact of contaminant migration on nearby drinking water wells. professional in assessing sources that may impact ground water flow direction, and in forming an EDR Local/Regional Water Agency records provide water well information to assist the environmental LOCAL / REGIONAL WATER AGENCY RECORDS Min: 6.1 Max: 7.3 Min: 0.42 Max: 1.4 50%), silt. limit less than Clays (liquid SOILS, Silts and FINE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Claysilty clay loam59 inches40 inches 3 Min: 6.1 Max: 7.3 Min: 0.42 Max: 1.4 50%), silt. limit less than Clays (liquid SOILS, Silts and FINE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Clayfine sandy loam40 inches16 inches 2 Min: 6.1 Max: 7.3 Min: 0.42 Max: 1.4 50%), silt. limit less than Clays (liquid SOILS, Silts and FINE-GRAINED Soils. 200), Silty passing No. than 35 pct. Materials (more Silt-Clayfine sandy loam16 inches 0 inches 1 Soil Layer Information Boundary Classification Saturated hydraulic conductivity micro m/sec Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil Soil Reaction (pH) > 0 inchesDepth to Watertable Min: > 0 inchesDepth to Bedrock Min: ModerateCorrosion Potential - Uncoated Steel: Hydric Status: Not hydric Well drainedSoil Drainage Class: textures. moderately well and well drained soils with moderately coarse Class B - Moderate infiltration rates. Deep and moderately deep,Hydrologic Group: fine sandy loamSoil Surface Texture: HANFORDSoil Component Name: Soil Map ID: 5 ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC7210538.2s Page A-11 1/2 - 1 Mile WNWCADDW0000004177 F25 1/2 - 1 Mile WNWCADDW0000019278 F24 1/2 - 1 Mile ENECAEDF0000044153 E23 1/2 - 1 Mile ENECAEDF0000119514 E22 1/2 - 1 Mile ENECAEDF0000134964 E21 1/2 - 1 Mile SouthCADDW0000019963 D19 1/2 - 1 Mile SouthCADDW0000019108 D18 1/2 - 1 Mile North11718 17 1/2 - 1 Mile NWCADDW0000005237 C16 1/2 - 1 Mile NW12175 C15 1/2 - 1 Mile SECADWR0000015383 14 1/2 - 1 Mile NWCADDW0000018593 B13 1/2 - 1 Mile NW12177 B12 1/2 - 1 Mile NNWCADWR0000023801 11 1/2 - 1 Mile NWCADWR0000010583 10 1/2 - 1 Mile SSWCADWR0000031341 9 1/2 - 1 Mile SW12188 8 1/4 - 1/2 Mile WestCADWR0000018105 7 1/4 - 1/2 Mile SWCADDW0000001477 6 1/4 - 1/2 Mile SSE12187 A5 1/4 - 1/2 Mile SSECADDW0000006844 A4 1/8 - 1/4 Mile SSECAEDF0000025214 1 STATE DATABASE WELL INFORMATION LOCATION FROM TPWELL IDMAP ID Note: PWS System location is not always the same as well location. No PWS System Found FEDERAL FRDS PUBLIC WATER SUPPLY SYSTEM INFORMATION LOCATION FROM TPWELL IDMAP ID 1/2 - 1 Mile WNWUSGS40000176524 32 1/2 - 1 Mile NNWUSGS40000176607 20 1/4 - 1/2 Mile NorthUSGS40000176508 3 1/8 - 1/4 Mile EastUSGS40000176451 2 FEDERAL USGS WELL INFORMATION LOCATION FROM TPWELL IDMAP ID 1.000State Database Nearest PWS within 1 mileFederal FRDS PWS 1.000Federal USGS WELL SEARCH DISTANCE INFORMATION SEARCH DISTANCE (miles)DATABASE ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC7210538.2s Page A-12 1/2 - 1 Mile WestCADDW0000015335 H31 1/2 - 1 Mile WestCADWR0000015718 F30 1/2 - 1 Mile NNE12178 G29 1/2 - 1 Mile WestCADDW0000021928 H28 1/2 - 1 Mile NNECADWR9000029529 G27 1/2 - 1 Mile NNECADDW0000016636 G26 STATE DATABASE WELL INFORMATION LOCATION FROM TPWELL IDMAP ID ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC7210538.2s Page A-14 Not ReportedNote: Not ReportedFeet to sea level: 49.00Feet below surface: 1963-04-23Level reading date: 1Ground water levels,Number of Measurements: ftWell Hole Depth Units: 93Well Hole Depth: ftWell Depth Units: 79Well Depth: 19510816Construction Date: Not ReportedAquifer Type: Not ReportedFormation Type: Central Valley aquifer systemAquifer: Not ReportedContrib Drainage Area Unts: Not ReportedContrib Drainage Area: Not ReportedDrainage Area Units: Not ReportedDrainage Area: 18030012HUC: Not ReportedDescription: WellType: 014S020E27C001MMonitor Location: USGS California Water Science CenterOrganization Name: USGS-CAOrganization ID: 3 North 1/4 - 1/2 Mile Higher USGS40000176508FED USGS Not ReportedNote: Not ReportedFeet to sea level: 45.15Feet below surface: 1963-10-22Level reading date: 1Ground water levels,Number of Measurements: ftWell Hole Depth Units: 93Well Hole Depth: ftWell Depth Units: 90Well Depth: 19510130Construction Date: Not ReportedAquifer Type: Not ReportedFormation Type: Central Valley aquifer systemAquifer: Not ReportedContrib Drainage Area Unts: Not ReportedContrib Drainage Area: Not ReportedDrainage Area Units: Not ReportedDrainage Area: 18030012HUC: Not ReportedDescription: WellType: 014S020E27F001MMonitor Location: USGS California Water Science CenterOrganization Name: USGS-CAOrganization ID: 2 East 1/8 - 1/4 Mile Higher USGS40000176451FED USGS Not ReportedGeoTracker Data: mp_date=&global_id=AGW080011681&assigned_name=HOUSE #1&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=AGLAND&saGroundwater Quality Data: Not ReportedGAMA PFAS Testing: HOUSE #1Other Name: Agricultural LandsSource: MONITORINGWell Type: AGW080011681-HOUSE #1Well ID: 1 SSE 1/8 - 1/4 Mile Higher CAEDF0000025214CA WELLS Map ID Direction Distance Elevation EDR ID NumberDatabase ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-15 MG/LReport units:NITRATE (AS N)Chemical: 3.4Finding:18-JAN-17Sample date: 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 3.4Finding:19-APR-17Sample date: 0.Dlr: USReport units:SPECIFIC CONDUCTANCEChemical: 370.Finding:19-JUL-17Sample date: 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 3.1Finding:19-JUL-17Sample date: 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 2.9Finding:18-OCT-17Sample date: 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 3.3Finding:17-JAN-18Sample date: Not ReportedArea serve: 0Connection:0Pop serv: Not ReportedZip ext:Not ReportedZip: Not ReportedState:Not ReportedCity: Not ReportedAddress:Not ReportedHqname: Orange Center SchoolSystem nam:1000276System no: Not ReportedComment 7: Not ReportedComment 6:Not ReportedComment 5: Not ReportedComment 4:Not ReportedComment 3: Not ReportedComment 2:Not ReportedComment 1: ARStatus:3Precision: 1194650.0Longitude:364055.0Latitude: WELL/AMBNT/MUN/INTAKEStation ty:SCHOOL WELLSource nam: GWater type:1000276System no: 10CUser id:40District: 10County:1000276001Frds no: 14S/20E-27K01 MPrim sta c:12187Seq: A5 SSE 1/4 - 1/2 Mile Higher 12187CA WELLS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=1000276-001&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DHS&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: WELL 01 - RAWOther Name: Department of Health ServicesSource: MUNICIPALWell Type: 1000276-001Well ID: A4 SSE 1/4 - 1/2 Mile Higher CADDW0000006844CA WELLS Map ID Direction Distance Elevation EDR ID NumberDatabase ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-16 0.Dlr: MG/LReport units:CALCIUMChemical: 40.Finding:21-JAN-16Sample date: 0.Dlr: MG/LReport units:MAGNESIUMChemical: 19.Finding:21-JAN-16Sample date: 0.Dlr: MG/LReport units:SODIUMChemical: 24.Finding:21-JAN-16Sample date: 0.Dlr: MG/LReport units:POTASSIUMChemical: 3.7Finding:21-JAN-16Sample date: 0.Dlr: MG/LReport units:CHLORIDEChemical: 25.Finding:21-JAN-16Sample date: 0.5Dlr: MG/LReport units:SULFATEChemical: 8.2Finding:21-JAN-16Sample date: 2.Dlr: UG/LReport units:ARSENICChemical: 3.2Finding:21-JAN-16Sample date: 0.Dlr: MG/LReport units:TOTAL DISSOLVED SOLIDSChemical: 290.Finding:21-JAN-16Sample date: 0.Dlr: Not ReportedReport units:LANGELIER INDEX @ 60 CChemical: 0.3Finding:21-JAN-16Sample date: 0.1Dlr: NTUReport units:TURBIDITY, LABORATORYChemical: 0.25Finding:21-JAN-16Sample date: 0.Dlr: Not ReportedReport units:AGGRSSIVE INDEX (CORROSIVITY)Chemical: 12.Finding:21-JAN-16Sample date: 0.Dlr: MG/LReport units:HARDNESS (TOTAL) AS CACO3Chemical: 180.Finding:21-JAN-16Sample date: 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 3.4Finding:20-APR-16Sample date: 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 3.6Finding:20-JUL-16Sample date: 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 3.5Finding:19-OCT-16Sample date: 0.4Dlr: ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-17 Not ReportedGeoTracker Data: date=&global_id=&assigned_name=1000277-001&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DHS&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: WELL 01-RAWOther Name: Department of Health ServicesSource: MUNICIPALWell Type: 1000277-001Well ID: 6 SW 1/4 - 1/2 Mile Lower CADDW0000001477CA WELLS 2.Dlr: MG/LReport units:NITRATE (AS NO3)Chemical: 20.4Finding:11-JAN-12Sample date: 5.Dlr: UG/LReport units:LEADChemical: 5.5Finding:17-JAN-13Sample date: 2.Dlr: MG/LReport units:NITRATE (AS NO3)Chemical: 26.5Finding:21-JAN-14Sample date: 1.Dlr: UG/LReport units:CHROMIUM, HEXAVALENTChemical: 3.1Finding:09-DEC-14Sample date: 3.Dlr: PCI/LReport units:GROSS ALPHAChemical: 4.6Finding:20-MAY-15Sample date: 0.Dlr: PCI/LReport units:GROSS ALPHA MDA95Chemical: 1.07Finding:20-MAY-15Sample date: 0.Dlr: PCI/LReport units:GROSS ALPHA COUNTING ERRORChemical: 0.348Finding:20-MAY-15Sample date: 0.Dlr: MG/LReport units:ALKALINITY (TOTAL) AS CACO3Chemical: 170.Finding:21-JAN-16Sample date: 0.Dlr: Not ReportedReport units:PH, LABORATORYChemical: 8.Finding:21-JAN-16Sample date: 0.Dlr: USReport units:SPECIFIC CONDUCTANCEChemical: 460.Finding:21-JAN-16Sample date: 0.Dlr: MG/LReport units:BICARBONATE ALKALINITYChemical: 210.Finding:21-JAN-16Sample date: 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 3.8Finding:21-JAN-16Sample date: ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-18 Not ReportedReport units:PH, LABORATORYChemical: 7.6Finding:15-JAN-14Sample date: 0.Dlr: USReport units:SPECIFIC CONDUCTANCEChemical: 110.Finding:15-JAN-14Sample date: 0.Dlr: MG/LReport units:TOTAL DISSOLVED SOLIDSChemical: 94.Finding:15-JAN-14Sample date: 0.1Dlr: NTUReport units:TURBIDITY, LABORATORYChemical: 0.13Finding:15-JAN-14Sample date: 0.Dlr: MG/LReport units:SODIUMChemical: 11.Finding:15-JAN-14Sample date: 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 1.4Finding:10-DEC-15Sample date: Not ReportedArea serve: 0Connection:0Pop serv: Not ReportedZip ext:Not ReportedZip: Not ReportedState:Not ReportedCity: Not ReportedAddress:Not ReportedHqname: Elm CourtSystem nam:1000277System no: Not ReportedComment 7: Not ReportedComment 6:Not ReportedComment 5: Not ReportedComment 4:Not ReportedComment 3: Not ReportedComment 2:Not ReportedComment 1: ARStatus:3Precision: 1194725.0Longitude:364058.0Latitude: WELL/AMBNT/MUN/INTAKEStation ty:3502 S ELMSource nam: GWater type:1000277System no: 10CUser id:40District: 10County:1000277001Frds no: 14S/20E-28J01 MPrim sta c:12188Seq: 8 SW 1/2 - 1 Mile Lower 12188CA WELLS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=14S20E27C001M&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DWR&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: 14S20E27C001MOther Name: Department of Water ResourcesSource: UNKWell Type: 14S20E27C001MWell ID: 7 West 1/4 - 1/2 Mile Lower CADWR0000018105CA WELLS Map ID Direction Distance Elevation EDR ID NumberDatabase ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-19 0.Dlr: PCI/LReport units:RADIUM 228 MDA95Chemical: 0.64Finding:17-MAY-13Sample date: 0.Dlr: PCI/LReport units:RADIUM 228 COUNTING ERRORChemical: 0.5Finding:17-MAY-13Sample date: 50.Dlr: UG/LReport units:ALUMINUMChemical: 7.4Finding:15-JAN-14Sample date: 50.Dlr: UG/LReport units:ZINCChemical: 9.7Finding:15-JAN-14Sample date: 100.Dlr: UG/LReport units:BARIUMChemical: 11.Finding:15-JAN-14Sample date: 2.Dlr: UG/LReport units:ARSENICChemical: 8.7Finding:15-JAN-14Sample date: 0.1Dlr: MG/LReport units:FLUORIDE (F) (NATURAL-SOURCE)Chemical: 0.19Finding:15-JAN-14Sample date: 0.5Dlr: MG/LReport units:SULFATEChemical: 3.1Finding:15-JAN-14Sample date: 0.Dlr: MG/LReport units:CHLORIDEChemical: 2.1Finding:15-JAN-14Sample date: 0.Dlr: MG/LReport units:MAGNESIUMChemical: 3.2Finding:15-JAN-14Sample date: 0.Dlr: MG/LReport units:CALCIUMChemical: 5.9Finding:15-JAN-14Sample date: 0.Dlr: MG/LReport units:HARDNESS (TOTAL) AS CACO3Chemical: 28.Finding:15-JAN-14Sample date: 0.4Dlr: MG/LReport units:NITRITE (AS N)Chemical: 770.Finding:15-JAN-14Sample date: 0.Dlr: MG/LReport units:BICARBONATE ALKALINITYChemical: 53.Finding:15-JAN-14Sample date: 0.Dlr: MG/LReport units:ALKALINITY (TOTAL) AS CACO3Chemical: 43.Finding:15-JAN-14Sample date: 0.Dlr: ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-20 John H Johnson SchoolSystem nam:1000218System no: Not ReportedComment 7: Not ReportedComment 6:Not ReportedComment 5: Not ReportedComment 4:Not ReportedComment 3: Not ReportedComment 2:Not ReportedComment 1: ARStatus:3Precision: 1194732.0Longitude:364142.0Latitude: WELL/AMBNT/MUN/INTAKEStation ty:SCHOOL WELLSource nam: GWater type:1000218System no: 10CUser id:40District: 10County:1000218001Frds no: 14S/20E-21R01 MPrim sta c:12177Seq: B12 NW 1/2 - 1 Mile Lower 12177CA WELLS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=14S20E22G001M&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DWR&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: 14S20E22G001MOther Name: Department of Water ResourcesSource: UNKWell Type: 14S20E22G001MWell ID: 11 NNW 1/2 - 1 Mile Lower CADWR0000023801CA WELLS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=14S20E22L001M&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DWR&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: 14S20E22L001MOther Name: Department of Water ResourcesSource: UNKWell Type: 14S20E22L001MWell ID: 10 NW 1/2 - 1 Mile Lower CADWR0000010583CA WELLS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=14S20E27K001M&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DWR&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: 14S20E27K001MOther Name: Department of Water ResourcesSource: UNKWell Type: 14S20E27K001MWell ID: 9 SSW 1/2 - 1 Mile Lower CADWR0000031341CA WELLS Map ID Direction Distance Elevation EDR ID NumberDatabase ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-21 Not ReportedArea serve: 0Connection:0Pop serv: Not ReportedZip ext:Not ReportedZip: Not ReportedState:Not ReportedCity: Not ReportedAddress:Not ReportedHqname: West Fresno Middle SchoolSystem nam:1000219System no: Not ReportedComment 7: Not ReportedComment 6:Not ReportedComment 5: Not ReportedComment 4:Not ReportedComment 3: Not ReportedComment 2:Not ReportedComment 1: ARStatus:3Precision: 1194733.0Longitude:364147.0Latitude: WELL/AMBNT/MUN/INTAKEStation ty:2888 S IVYSource nam: GWater type:1000219System no: 10CUser id:40District: 10County:1000219001Frds no: 14S/20E-21J01 MPrim sta c:12175Seq: C15 NW 1/2 - 1 Mile Lower 12175CA WELLS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=14S20E26L001M&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DWR&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: 14S20E26L001MOther Name: Department of Water ResourcesSource: UNKWell Type: 14S20E26L001MWell ID: 14 SE 1/2 - 1 Mile Higher CADWR0000015383CA WELLS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=1000218-001&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DHS&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: WELL 01 - INACTIVEOther Name: Department of Health ServicesSource: MUNICIPALWell Type: 1000218-001Well ID: B13 NW 1/2 - 1 Mile Lower CADDW0000018593CA WELLS Not ReportedArea serve: 0Connection:0Pop serv: Not ReportedZip ext:Not ReportedZip: Not ReportedState:Not ReportedCity: Not ReportedAddress:Not ReportedHqname: ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-22 NTUReport units:TURBIDITY, LABORATORYChemical: 0.24Finding:14-FEB-17Sample date: 0.Dlr: Not ReportedReport units:AGGRSSIVE INDEX (CORROSIVITY)Chemical: 12.Finding:14-FEB-17Sample date: 0.4Dlr: MG/LReport units:NITRATE + NITRITE (AS N)Chemical: 3.5Finding:14-FEB-17Sample date: 0.Dlr: USReport units:SPECIFIC CONDUCTANCEChemical: 340.Finding:14-FEB-17Sample date: 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 3.1Finding:31-JAN-18Sample date: 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 3.2Finding:26-FEB-18Sample date: CITY OF FRESNOArea serve: 99005Connection:390350Pop serv: 2988Zip ext:93721Zip: CAState:FRESNOCity: 2326 FRESNO STREETAddress:Not ReportedHqname: Fresno, City OfSystem nam:1010007System no: Not ReportedComment 7: Not ReportedComment 6:Not ReportedComment 5: Not ReportedComment 4:Not ReportedComment 3: Not ReportedComment 2:Not ReportedComment 1: ARStatus:8Precision: 1194700.0Longitude:364200.0Latitude: WELL/AMBNT/MUN/INTAKE/SUPPLYStation ty:WELL 051Source nam: GWater type:1010007System no: AGEUser id:11District: 10County:1010007185Frds no: 13S/20E-22L01 MPrim sta c:11718Seq: 17 North 1/2 - 1 Mile Higher 11718CA WELLS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=1000219-001&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DHS&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: WELL 01Other Name: Department of Health ServicesSource: MUNICIPALWell Type: 1000219-001Well ID: C16 NW 1/2 - 1 Mile Lower CADDW0000005237CA WELLS Map ID Direction Distance Elevation EDR ID NumberDatabase ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-23 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 2.5Finding:03-MAR-16Sample date: 0.Dlr: Not ReportedReport units:PH, LABORATORYChemical: 7.7Finding:14-FEB-17Sample date: 0.Dlr: MG/LReport units:ALKALINITY (TOTAL) AS CACO3Chemical: 130.Finding:14-FEB-17Sample date: 0.Dlr: MG/LReport units:BICARBONATE ALKALINITYChemical: 160.Finding:14-FEB-17Sample date: 0.4Dlr: MG/LReport units:NITRATE (AS N)Chemical: 3.5Finding:14-FEB-17Sample date: 0.Dlr: MG/LReport units:HARDNESS (TOTAL) AS CACO3Chemical: 140.Finding:14-FEB-17Sample date: 0.Dlr: MG/LReport units:CALCIUMChemical: 26.Finding:14-FEB-17Sample date: 0.Dlr: MG/LReport units:MAGNESIUMChemical: 17.Finding:14-FEB-17Sample date: 0.Dlr: MG/LReport units:SODIUMChemical: 17.Finding:14-FEB-17Sample date: 0.Dlr: MG/LReport units:POTASSIUMChemical: 5.3Finding:14-FEB-17Sample date: 0.Dlr: MG/LReport units:CHLORIDEChemical: 9.2Finding:14-FEB-17Sample date: 0.5Dlr: MG/LReport units:SULFATEChemical: 17.Finding:14-FEB-17Sample date: 1.Dlr: UG/LReport units:CHROMIUM, HEXAVALENTChemical: 2.3Finding:14-FEB-17Sample date: 0.5Dlr: UG/LReport units:DICHLORODIFLUOROMETHANE (FREON 12)Chemical: 0.8Finding:14-FEB-17Sample date: 0.Dlr: MG/LReport units:TOTAL DISSOLVED SOLIDSChemical: 240.Finding:14-FEB-17Sample date: 0.1Dlr: ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-24 0.Dlr: MG/LReport units:ALKALINITY (TOTAL) AS CACO3Chemical: 120.Finding:17-APR-14Sample date: 0.Dlr: MG/LReport units:BICARBONATE ALKALINITYChemical: 150.Finding:17-APR-14Sample date: 0.Dlr: MG/LReport units:HARDNESS (TOTAL) AS CACO3Chemical: 120.Finding:17-APR-14Sample date: 0.Dlr: MG/LReport units:CALCIUMChemical: 23.Finding:17-APR-14Sample date: 0.Dlr: MG/LReport units:MAGNESIUMChemical: 15.Finding:17-APR-14Sample date: 0.Dlr: MG/LReport units:SODIUMChemical: 15.Finding:17-APR-14Sample date: 0.Dlr: MG/LReport units:POTASSIUMChemical: 5.Finding:17-APR-14Sample date: 0.5Dlr: MG/LReport units:SULFATEChemical: 15.Finding:17-APR-14Sample date: 0.1Dlr: MG/LReport units:FLUORIDE (F) (NATURAL-SOURCE)Chemical: 0.12Finding:17-APR-14Sample date: 0.Dlr: MG/LReport units:TOTAL DISSOLVED SOLIDSChemical: 240.Finding:17-APR-14Sample date: 0.Dlr: Not ReportedReport units:AGGRSSIVE INDEX (CORROSIVITY)Chemical: 12.Finding:17-APR-14Sample date: 0.Dlr: Not ReportedReport units:PH, LABORATORYChemical: 8.Finding:17-APR-14Sample date: 0.Dlr: USReport units:SPECIFIC CONDUCTANCEChemical: 310.Finding:17-APR-14Sample date: 0.Dlr: MG/LReport units:CHLORIDEChemical: 7.8Finding:17-APR-14Sample date: 1.Dlr: UG/LReport units:CHROMIUM, HEXAVALENTChemical: 2.1Finding:17-NOV-14Sample date: ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-25 date=&global_id=L10003318525&assigned_name=CMT-7-I&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=EDF&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: CMT-7-IOther Name: EDFSource: MONITORINGWell Type: L10003318525-CMT-7-IWell ID: E21 ENE 1/2 - 1 Mile Higher CAEDF0000134964CA WELLS Not ReportedNote: Not ReportedFeet to sea level: 45.47Feet below surface: 1987-04-08Level reading date: 1Ground water levels,Number of Measurements: ftWell Hole Depth Units: 125Well Hole Depth: ftWell Depth Units: 125Well Depth: 19771216Construction Date: Not ReportedAquifer Type: Not ReportedFormation Type: Central Valley aquifer systemAquifer: Not ReportedContrib Drainage Area Unts: Not ReportedContrib Drainage Area: Not ReportedDrainage Area Units: Not ReportedDrainage Area: 18030012HUC: Not ReportedDescription: WellType: 014S020E21J001MMonitor Location: USGS California Water Science CenterOrganization Name: USGS-CAOrganization ID: 20 NNW 1/2 - 1 Mile Lower USGS40000176607FED USGS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=1000515-001&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DHS&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: WELL 01Other Name: Department of Health ServicesSource: MUNICIPALWell Type: 1000515-001Well ID: D19 South 1/2 - 1 Mile Lower CADDW0000019963CA WELLS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=1000515-002&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DHS&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: WELL 02Other Name: Department of Health ServicesSource: MUNICIPALWell Type: 1000515-002Well ID: D18 South 1/2 - 1 Mile Lower CADDW0000019108CA WELLS Map ID Direction Distance Elevation EDR ID NumberDatabase ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-26 Not ReportedGeoTracker Data: date=&global_id=&assigned_name=1000461-001&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DHS&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: WELL 01 - RAWOther Name: Department of Health ServicesSource: MUNICIPALWell Type: 1000461-001Well ID: F25 WNW 1/2 - 1 Mile Lower CADDW0000004177CA WELLS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=1000461-002&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DHS&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: WELL 02 - RAWOther Name: Department of Health ServicesSource: MUNICIPALWell Type: 1000461-002Well ID: F24 WNW 1/2 - 1 Mile Lower CADDW0000019278CA WELLS igned_name=CMT-7-D https://geotracker.waterboards.ca.gov/profile_report.asp?cmd=MWEDFResults&global_id=L10003318525&assGeoTracker Data: date=&global_id=L10003318525&assigned_name=CMT-7-D&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=EDF&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: CMT-7-DOther Name: EDFSource: MONITORINGWell Type: L10003318525-CMT-7-DWell ID: E23 ENE 1/2 - 1 Mile Higher CAEDF0000044153CA WELLS igned_name=CMT-7-S https://geotracker.waterboards.ca.gov/profile_report.asp?cmd=MWEDFResults&global_id=L10003318525&assGeoTracker Data: date=&global_id=L10003318525&assigned_name=CMT-7-S&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=EDF&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: CMT-7-SOther Name: EDFSource: MONITORINGWell Type: L10003318525-CMT-7-SWell ID: E22 ENE 1/2 - 1 Mile Higher CAEDF0000119514CA WELLS igned_name=CMT-7-I https://geotracker.waterboards.ca.gov/profile_report.asp?cmd=MWEDFResults&global_id=L10003318525&assGeoTracker Data: ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-27 CAState:FRESNOCity: 2326 FRESNO STREETAddress:Not ReportedHqname: Fresno, City OfSystem nam:1010007System no: Not ReportedComment 7: Not ReportedComment 6:Not ReportedComment 5: Not ReportedComment 4:Not ReportedComment 3: Not ReportedComment 2:Not ReportedComment 1: AUStatus:2Precision: 1194625.0Longitude:364158.0Latitude: WELL/AMBNT/MUN/INTAKEStation ty:WELL 040ASource nam: GWater type:1010007System no: AGEUser id:11District: 10County:1010007173Frds no: 14S/20E-22J02 MPrim sta c:12178Seq: G29 NNE 1/2 - 1 Mile Higher 12178CA WELLS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=1000461-003&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DHS&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: WELL 04 - RAWOther Name: Department of Health ServicesSource: MUNICIPALWell Type: 1000461-003Well ID: H28 West 1/2 - 1 Mile Lower CADDW0000021928CA WELLS Not ReportedWell Completion Rpt #: 0Well Depth: Single WellWell Type: Public SupplyWell Use: KingsBasin Name: 14S20E22J001MXWell Name: 54384Station ID: Not ReportedState Well #: G27 NNE 1/2 - 1 Mile Higher CADWR9000029529CA WELLS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=1010007-173&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DHS&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: WELL 040A - RAWOther Name: Department of Health ServicesSource: MUNICIPALWell Type: 1010007-173Well ID: G26 NNE 1/2 - 1 Mile Higher CADDW0000016636CA WELLS Map ID Direction Distance Elevation EDR ID NumberDatabase ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-28 MG/LReport units:NITRATE (AS N)Chemical: 7.6Finding:09-OCT-17Sample date: 0.Dlr: MG/LReport units:HARDNESS (TOTAL) AS CACO3Chemical: 230.Finding:09-OCT-17Sample date: 0.Dlr: MG/LReport units:CALCIUMChemical: 48.Finding:09-OCT-17Sample date: 0.Dlr: MG/LReport units:MAGNESIUMChemical: 28.Finding:09-OCT-17Sample date: 0.Dlr: MG/LReport units:SODIUMChemical: 32.Finding:09-OCT-17Sample date: 0.Dlr: MG/LReport units:POTASSIUMChemical: 5.8Finding:09-OCT-17Sample date: 0.Dlr: MG/LReport units:CHLORIDEChemical: 31.Finding:09-OCT-17Sample date: 0.5Dlr: MG/LReport units:SULFATEChemical: 17.Finding:09-OCT-17Sample date: 0.1Dlr: MG/LReport units:FLUORIDE (F) (NATURAL-SOURCE)Chemical: 0.17Finding:09-OCT-17Sample date: 100.Dlr: UG/LReport units:IRONChemical: 430.Finding:09-OCT-17Sample date: 0.5Dlr: UG/LReport units:TRICHLOROETHYLENEChemical: 0.6Finding:09-OCT-17Sample date: 0.Dlr: MG/LReport units:TOTAL DISSOLVED SOLIDSChemical: 380.Finding:09-OCT-17Sample date: 0.Dlr: Not ReportedReport units:LANGELIER INDEX @ 60 CChemical: 0.38Finding:09-OCT-17Sample date: 0.4Dlr: MG/LReport units:NITRATE + NITRITE (AS N)Chemical: 7.6Finding:09-OCT-17Sample date: 0.Dlr: Not ReportedReport units:AGGRSSIVE INDEX (CORROSIVITY)Chemical: 12.Finding:09-OCT-17Sample date: CITY OF FRESNOArea serve: 99005Connection:390350Pop serv: 2988Zip ext:93721Zip: ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-29 0.Dlr: MG/LReport units:MAGNESIUMChemical: 24.Finding:09-JUN-14Sample date: 0.Dlr: MG/LReport units:SODIUMChemical: 28.Finding:09-JUN-14Sample date: 0.Dlr: MG/LReport units:POTASSIUMChemical: 4.7Finding:09-JUN-14Sample date: 0.Dlr: MG/LReport units:CHLORIDEChemical: 25.Finding:09-JUN-14Sample date: 0.5Dlr: MG/LReport units:SULFATEChemical: 13.Finding:09-JUN-14Sample date: 0.Dlr: MG/LReport units:TOTAL DISSOLVED SOLIDSChemical: 320.Finding:09-JUN-14Sample date: 2.Dlr: MG/LReport units:NITRATE (AS NO3)Chemical: 23.Finding:23-SEP-14Sample date: 2.Dlr: MG/LReport units:NITRATE (AS NO3)Chemical: 28.Finding:23-JUN-15Sample date: 2.Dlr: MG/LReport units:NITRATE (AS NO3)Chemical: 22.Finding:22-OCT-15Sample date: 0.1Dlr: NTUReport units:TURBIDITY, LABORATORYChemical: 1.9Finding:09-OCT-17Sample date: 0.Dlr: UNITSReport units:COLORChemical: 5.Finding:09-OCT-17Sample date: 0.Dlr: USReport units:SPECIFIC CONDUCTANCEChemical: 580.Finding:09-OCT-17Sample date: 0.Dlr: Not ReportedReport units:PH, LABORATORYChemical: 7.9Finding:09-OCT-17Sample date: 0.Dlr: MG/LReport units:ALKALINITY (TOTAL) AS CACO3Chemical: 220.Finding:09-OCT-17Sample date: 0.Dlr: MG/LReport units:BICARBONATE ALKALINITYChemical: 270.Finding:09-OCT-17Sample date: 0.4Dlr: ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-30 Not ReportedGeoTracker Data: date=&global_id=&assigned_name=14S20E21R001M&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DWR&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: 14S20E21R001MOther Name: Department of Water ResourcesSource: UNKWell Type: 14S20E21R001MWell ID: F30 West 1/2 - 1 Mile Lower CADWR0000015718CA WELLS 2.Dlr: MG/LReport units:NITRATE (AS NO3)Chemical: 25.Finding:25-SEP-12Sample date: 2.Dlr: MG/LReport units:NITRATE (AS NO3)Chemical: 36.Finding:23-MAY-13Sample date: 2.Dlr: MG/LReport units:NITRATE (AS NO3)Chemical: 25.Finding:21-OCT-13Sample date: 0.Dlr: Not ReportedReport units:AGGRSSIVE INDEX (CORROSIVITY)Chemical: 12.Finding:09-JUN-14Sample date: 2.Dlr: MG/LReport units:NITRATE (AS NO3)Chemical: 32.Finding:09-JUN-14Sample date: 0.Dlr: Not ReportedReport units:LANGELIER INDEX @ 60 CChemical: 0.53Finding:09-JUN-14Sample date: 0.Dlr: USReport units:SPECIFIC CONDUCTANCEChemical: 520.Finding:09-JUN-14Sample date: 0.Dlr: Not ReportedReport units:PH, LABORATORYChemical: 8.1Finding:09-JUN-14Sample date: 0.Dlr: MG/LReport units:ALKALINITY (TOTAL) AS CACO3Chemical: 210.Finding:09-JUN-14Sample date: 0.Dlr: MG/LReport units:BICARBONATE ALKALINITYChemical: 250.Finding:09-JUN-14Sample date: 0.Dlr: MG/LReport units:HARDNESS (TOTAL) AS CACO3Chemical: 210.Finding:09-JUN-14Sample date: 0.Dlr: MG/LReport units:CALCIUMChemical: 45.Finding:09-JUN-14Sample date: ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-31 Not ReportedNote: Not ReportedFeet to sea level: 48.46Feet below surface: 1963-02-13Level reading date: 1Ground water levels,Number of Measurements: Not ReportedWell Hole Depth Units: Not ReportedWell Hole Depth: ftWell Depth Units: 75Well Depth: Not ReportedConstruction Date: Not ReportedAquifer Type: Not ReportedFormation Type: Central Valley aquifer systemAquifer: Not ReportedContrib Drainage Area Unts: Not ReportedContrib Drainage Area: Not ReportedDrainage Area Units: Not ReportedDrainage Area: 18030012HUC: Not ReportedDescription: WellType: 014S020E28D001MMonitor Location: USGS California Water Science CenterOrganization Name: USGS-CAOrganization ID: 32 WNW 1/2 - 1 Mile Lower USGS40000176524FED USGS Not ReportedGeoTracker Data: date=&global_id=&assigned_name=1000461-033&store_num= https://gamagroundwater.waterboards.ca.gov/gama/gamamap/public/GamaDataDisplay.asp?dataset=DHS&samp_Groundwater Quality Data: Not ReportedGAMA PFAS Testing: WELL 03 - RAW - INACTIVEOther Name: Department of Health ServicesSource: MUNICIPALWell Type: 1000461-033Well ID: H31 West 1/2 - 1 Mile Lower CADDW0000015335CA WELLS Map ID Direction Distance Elevation EDR ID NumberDatabase ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC7210538.2s Page A-32 0%0%100%2.300 pCi/LBasement Not ReportedNot ReportedNot ReportedNot ReportedLiving Area - 2nd Floor 0%0%100%1.150 pCi/LLiving Area - 1st Floor % >20 pCi/L% 4-20 pCi/L% <4 pCi/LAverage ActivityArea Number of sites tested: 2 Federal Area Radon Information for Zip Code: 93706 : Zone 3 indoor average level < 2 pCi/L. : Zone 2 indoor average level >= 2 pCi/L and <= 4 pCi/L. Note: Zone 1 indoor average level > 4 pCi/L. Federal EPA Radon Zone for FRESNO County: 2 82993706 ______________________ > 4 pCi/LNum TestsZipcode Radon Test Results State Database: CA Radon AREA RADON INFORMATION GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS RADON ® TOPOGRAPHIC INFORMATION USGS 7.5’ Digital Elevation Model (DEM) Source: United States Geologic Survey EDR acquired the USGS 7.5’ Digital Elevation Model in 2002 and updated it in 2006. The 7.5 minute DEM corresponds to the USGS 1:24,000- and 1:25,000-scale topographic quadrangle maps. The DEM provides elevation data with consistent elevation units and projection. Current USGS 7.5 Minute Topographic Map Source: U.S. Geological Survey HYDROLOGIC INFORMATION Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts 100-year and 500-year flood zones as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL. Source: FEMA Telephone: 877-336-2627 Date of Government Version: 2003, 2015 NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005, 2010 and 2015 from the U.S. Fish and Wildlife Service. State Wetlands Data: Wetland Inventory Source: Department of Fish and Wildlife Telephone: 916-445-0411 HYDROGEOLOGIC INFORMATION AQUIFLOW Information SystemR Source: EDR proprietary database of groundwater flow information EDR has developed the AQUIFLOW Information System (AIS) to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted to regulatory authorities at select sites and has extracted the date of the report, hydrogeologically determined groundwater flow direction and depth to water table information. GEOLOGIC INFORMATION Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - A digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994). STATSGO: State Soil Geographic Database Source: Department of Agriculture, Natural Resources Conservation Service (NRCS) The U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) leads the national Conservation Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed (SSURGO) soil survey maps. SSURGO: Soil Survey Geographic Database Source: Department of Agriculture, Natural Resources Conservation Service (NRCS) Telephone: 800-672-5559 SSURGO is the most detailed level of mapping done by the Natural Resources Conservation Service, mapping scales generally range from 1:12,000 to 1:63,360. Field mapping methods using national standards are used to construct the soil maps in the Soil Survey Geographic (SSURGO) database. SSURGO digitizing duplicates the original soil survey maps. This level of mapping is designed for use by landowners, townships and county natural resource planning and management. TC7210538.2s Page PSGR-1 PHYSICAL SETTING SOURCE RECORDS SEARCHED LOCAL / REGIONAL WATER AGENCY RECORDS FEDERAL WATER WELLS PWS: Public Water Systems Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Public Water System data from the Federal Reporting Data System. A PWS is any water system which provides water to at least 25 people for at least 60 days annually. PWSs provide water from wells, rivers and other sources. PWS ENF: Public Water Systems Violation and Enforcement Data Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Violation and Enforcement data for Public Water Systems from the Safe Drinking Water Information System (SDWIS) after August 1995. Prior to August 1995, the data came from the Federal Reporting Data System (FRDS). USGS Water Wells: USGS National Water Inventory System (NWIS) This database contains descriptive information on sites where the USGS collects or has collected data on surface water and/or groundwater. The groundwater data includes information on wells, springs, and other sources of groundwater. OTHER STATE DATABASE INFORMATION Groundwater Ambient Monitoring & Assessment Program State Water Resources Control Board Telephone: 916-341-5577 The GAMA Program is Californias comprehensive groundwater quality monitoring program. GAMA collects data by testing the untreated, raw water in different types of wells for naturally-occurring and man-made chemicals. The GAMA data includes Domestic, Monitoring and Municipal well types from the following sources, Department of Water Resources, Department of Heath Services, EDF, Agricultural Lands, Lawrence Livermore National Laboratory, Department of Pesticide Regulation, United States Geological Survey, Groundwater Ambient Monitoring and Assessment Program and Local Groundwater Projects. Water Well Database Source: Department of Water Resources Telephone: 916-651-9648 California Drinking Water Quality Database Source: Department of Public Health Telephone: 916-324-2319 The database includes all drinking water compliance and special studies monitoring for the state of California since 1984. It consists of over 3,200,000 individual analyses along with well and water system information. California Oil and Gas Well Locations Source: Dept of Conservation, Geologic Energy Management Division Telephone: 916-323-1779 Oil and Gas well locations in the state. California Earthquake Fault Lines Source: California Division of Mines and Geology The fault lines displayed on EDR’s Topographic map are digitized quaternary fault lines prepared in 1975 by the United State Geological Survey. Additional information (also from 1975) regarding activity at specific fault lines comes from California’s Preliminary Fault Activity Map prepared by the California Division of Mines and Geology. RADON State Database: CA Radon Source: Department of Public Health Telephone: 916-210-8558 Radon Database for California TC7210538.2s Page PSGR-2 PHYSICAL SETTING SOURCE RECORDS SEARCHED Area Radon Information Source: USGS Telephone: 703-356-4020 The National Radon Database has been developed by the U.S. Environmental Protection Agency (USEPA) and is a compilation of the EPA/State Residential Radon Survey and the National Residential Radon Survey. The study covers the years 1986 - 1992. Where necessary data has been supplemented by information collected at private sources such as universities and research institutions. EPA Radon Zones Source: EPA Telephone: 703-356-4020 Sections 307 & 309 of IRAA directed EPA to list and identify areas of U.S. with the potential for elevated indoor radon levels. OTHER Airport Landing Facilities: Private and public use landing facilities Source: Federal Aviation Administration, 800-457-6656 Epicenters: World earthquake epicenters, Richter 5 or greater Source: Department of Commerce, National Oceanic and Atmospheric Administration California Earthquake Fault Lines: The fault lines displayed on EDR’s Topographic map are digitized quaternary fault lines, prepared in 1975 by the United State Geological Survey. Additional information (also from 1975) regarding activity at specific fault lines comes from California’s Preliminary Fault Activity Map prepared by the California Division of Mines and Geology. STREET AND ADDRESS INFORMATION Â© 2015 TomTom North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC7210538.2s Page PSGR-3 PHYSICAL SETTING SOURCE RECORDS SEARCHED Appendix C – CHRIS Results To: Emily Bowen Record Search 23-029 Crawford & Bowen Planning, Inc. 113 N. Church Street, Suite 310 Visalia, CA 93291 Date: February 6, 2023 Re: Crown Truck Center Project County: Fresno Map(s): Fresno South 7.5’ CULTURAL RESOURCES RECORDS SEARCH The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public. Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law. The following are the results of a search of the cultural resource files at the Southern San Joaquin Valley Information Center. These files include known and recorded cultural resources sites, inventory and excavation reports filed with this office, and resources listed on the National Register of Historic Places, the OHP Built Environment Resources Directory, California State Historical Landmarks, California Register of Historical Resources, California Inventory of Historic Resources, and California Points of Historical Interest. Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the OHP are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. PRIOR CULTURAL RESOURCE STUDIES CONDUCTED WITHIN THE PROJECT AREA AND THE ONE-HALF MILE RADIUS According to the information in our files, there have been no previous cultural resource studies completed within the project area. There have been four cultural resource studies conducted within the one- half mile radius: FR-00053, 00151, 01738, and 01739. Record Search 23-029 KNOWN/RECORDED CULTURAL RESOURCES WITHIN THE PROJECT AREA AND THE ONE-HALF MILE RADIUS According to the information in our files, there are no recorded resources within the project area. There have been 26 recorded resources within the one-half mile radius: P-10-004648, 004649, 004651, 004677, 006761, 006763, 006764, 006765, 006766, 006767, 006768, 006769, 006770, 006775, 006776, 006777, 006778, 006779, 006780, 006781, 006782, 006783, 006784, 006785, 006786, and 006787. These resources consist of historic era buildings and structures, most of which are single family homes. There are no recorded cultural resources within the project area or radius that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of Historic Resources, for the California State Historic Landmarks. COMMENTS AND RECOMMENDATIONS We understand this project consist of construction of a long-term regional facility for the purpose of providing less-than-truckload (LTL) freight services, which will include administrative offices, cross-dock transfer platform, fleet maintenance shop, parking, a diesel fuel system, lighting, and landscaping. Additionally, we understand the project area is currently vacant and has not been previously developed. Because a cultural resource study has not been previously conducted on this project area, it is unknown if any cultural resources are present. Therefore, prior to ground disturbance activities, we recommend a qualified, professional consultant conduct a field survey to determine if any cultural resources are present. A list of qualified consultants can be found at www.chrisinfo.org. We also recommend that you contact the Native American Heritage Commission in Sacramento. They will provide you with a current list of Native American individuals/organizations that can assist you with information regarding cultural resources that may not be included in the CHRIS Inventory and that may be of concern to the Native groups in the area. The Commission can consult their "Sacred Lands Inventory" file to determine what sacred resources, if any, exist within this project area and the way in which these resources might be managed. Finally, please consult with the lead agency on this project to determine if any other cultural resource investigation is required. If you need any additional information or have any questions or concerns, please contact our office at (661) 654-2289. By: Celeste M. Thomson, Coordinator Date: February 6, 2023 Please note that invoices for Information Center services will be sent under separate cover from the California State University, Bakersfield Accounting Office. Appendix D – Acoustical Analysis ACOUSTICAL ANALYSIS CENTRAL TRANSPORT REGIONAL FACILITY CROWN ENTERPRISES, INC. FRESNO, CALIFORNIA WJVA Project No. 22-61 PREPARED FOR CRAWFORD & BOWEN PLANNING, INC. 113 N. CHURCH STREET, SUITE 310 FRESNO, CALIFORNIA 93727 PREPARED BY WJV ACOUSTICS, INC. VISALIA, CALIFORNIA AUGUST 25, 2023 113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 2 INTRODUCTION The project is a development of a long‐term regional facility for Central Transport (Tenant) that will provide for less‐than‐truckload (LTL) freight services for local and nationally based businesses. This development is needed to replace a facility previously occupied by Central Transport and owned by Crown Enterprises that was vacated to make way for the high‐speed rail project (E Muscat Avenue and S Cedar Avenue). The proposed scope of the development will include an administrative office, cross‐dock transfer platform, fleet maintenance shop, and a diesel fuel system for fleet equipment. The development will consist of approximately 3,294 sf. administrative office, 68,570 sf. cross‐ dock transfer platform, 11,880 sf. fleet maintenance shop, parking for fleet tractors (26), fleet trailers (137), and automobiles (84), and a diesel fuel system for fleet equipment. Access to and from the site for fleet tractors and trailers will be provided via one (1) ingress/egress location on Cherry Avenue; a separate parking lot for automobiles will be provided with a separate ingress/egress location with access to Cherry Avenue. Central Transport will operate 24 hours per day, Monday through Friday, and Saturday mornings, and will consist of 70 to 80 employees. In order to facilitate the proposed Project, an annexation and Prezone application will be required. The annexation area has been determined to include 19 parcels total and +/‐ 80.91 acres, inclusive of the proposed development permit project. The uses included in the annexation area of the Project include single family residential, a diesel engine repair business, a truck repair shop, a window tinting business, a church, vacant land, as well as the future development of the Central Transport Regional facility. This report is based upon the project site plan prepared by Precision Engineering (dated 10/25/22) operations data provided by the applicant, as well as reference and on‐site ambient noise measurements obtained by WJV Acoustics, Inc. (WJVA). Revisions to the site plan, operations data or other project‐related information available to WJVA at the time the analysis was prepared may require a reevaluation of the findings and/or recommendations of the report. The Project Site Plan is provided as Figure 1. Appendix A provides a description of the acoustical terminology used in this report. Unless otherwise stated, all sound levels reported are in A‐weighted decibels (dB). A‐weighting de‐emphasizes the very low and very high frequencies of sound in a manner similar to the human ear. Most community noise standards utilize A‐weighting, as it provides a high degree of correlation with human annoyance and health effects. Appendix B provides typical A‐weighted sound levels for common noise sources. 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 4 The General Plan also provides noise level standards for non‐transportation (stationary) noise sources. The General Plan noise level standards for non‐transportation noise sources are identical to those provided in the City’s Municipal code, provided below in Table II. Implementation Policy NS‐1‐i of the General Plan Noise Element provides guidance in regards to mitigation for new developments and projects that have potential to result in a noise‐related impact at existing noise‐sensitive land uses. Mitigation by New Development. Require an acoustical analysis where new development of industrial, commercial or other noise generating land uses (including transportation facilities such as roadways, railroads, and airports) may result in noise levels that exceed the noise level exposure criteria established by [Table I] and [Table II] to determine impacts, and require developers to mitigate these impacts in conformance with Tables 9‐2 and 9‐3 as a condition of permit approval through appropriate means. Noise mitigation measures may include:  The screening of noise sources such as parking and loading facilities, outdoor activities, and mechanical equipment;  Providing increased setbacks for noise sources from adjacent dwellings;  Installation of walls and landscaping that serve as noise buffers;  Installation of soundproofing materials and double‐glazed windows; and  Regulating operations, such as hours of operation, including deliveries and trash pickup. Alternative acoustical designs that achieve the prescribed noise level reduction may be approved by the City, provided a qualified Acoustical Consultant submits information demonstrating that the alternative designs will achieve and maintain the specific targets for outdoor activity areas and interior spaces. As a last resort, developers may propose to construct noise walls along roadways when compatible with aesthetic concerns and neighborhood character. This would be a developer responsibility, with no City funding. Implementation Policy NS‐1‐j of the General Plan Noise Element provides guidance in regards to the establishment of a significance threshold when determining an increase in noise levels over existing ambient noise levels. Significance Threshold. Establish, as a threshold of significance for the City's environmental review process, that a significant increase in ambient noise levels is 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 7 EXISTING NOISE ENVIRONMENT The project site is located along the west side of S. Cherry Avenue, approximately 1,500 feet south of E. North Avenue, in Fresno, California. The project site is generally bound by an existing trucking facility to the north, industrial and rural residential land uses to the east, agricultural, industrial, and rural residential land uses to the south, and State Route 41 (SR 41) to the west. Existing sources of noise within and adjacent to the project site are dominated by traffic noise associated with vehicles on S. Cherry Avenue, E. North Avenue and SR 41. Additional sources of noise observed during a site visit include noise associated with existing industrial agricultural activities, and occasional aircraft overflights. Ambient noise level measurements were conducted on January 18, 2023 at one (1) location (site LT‐1). Noise levels were measured for a continuous period of 24 hours at site LT‐1. The ambient noise monitoring site and project vicinity are provided as Figure 2. Noise monitoring equipment consisted of a Larson‐Davis Laboratories Model LDL‐820 sound level analyzer equipped with a B&K Type 4176 1/2” microphone. The equipment complies with the specifications of the American National Standards Institute (ANSI) for Type I (Precision) sound level meters. The meter was calibrated with a B&K Type 4230 acoustic calibrator to ensure the accuracy of the measurements. Measured hourly energy average noise levels (Leq) at site LT‐1 ranged from a low of 51.5 dB between 1:00 a.m. and 2:00 a.m. to a high of 67.5 dB between 8:00 a.m. and 9:00 a.m. Hourly maximum (Lmax) noise levels at site LT‐1 ranged from 73.2 to 89.3 dB. Residual noise levels at the monitoring site, as defined by the L90 statistical descriptor ranged from 41.5 to 56.6 dB. The L90 is a statistical descriptor that defines the noise level exceeded 90% of the time during each hour of the sample period. The L 90 is generally considered to represent the residual (or background) noise level in the absence of identifiable single noise events from traffic, aircraft and other local noise sources. The measured Ldn value at site LT‐1 during the 24‐hour noise measurement period was 67.3 dB. Table IV provides the measured hourly noise levels at site LT‐1, in terms of the applicable City of Fresno non‐transportation noise standard metrics (as provided above in Table II). Figure 3 graphically depicts hourly variations in ambient noise levels at long‐term noise monitoring site LT‐1. Figure 4 provides a photograph of site LT‐1. Reference to Table IV indicates that existing noise levels in the vicinity the project vicinity (along S Cherry Avenue) exceed applicable City of Fresno noise level standards in every statistical category during every hour of the 24‐hour measurement period. Table IV also provides the average daytime (7:00 a.m. to 10:00 p.m.) and average nighttime (10:00 p.m. to 7:00 a.m.) noise levels, as measured at site LT‐1. 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 9 PROJECT-RELATED NOISE LEVELS The project is the development of a long‐term regional facility for Central Transport that will provide for less‐than‐truckload (LTL) freight services for local and nationally based businesses. This development is needed to replace a facility previously occupied by Central Transport and owned by Crown Enterprises that was vacated to make way for the high‐speed rail project (E Muscat Avenue and S Cedar Avenue). The proposed scope of the development will include an administrative office, cross‐dock transfer platform, fleet maintenance shop, and a diesel fuel system for fleet equipment. The development will consist of approximately 3,294 sf. administrative office, 68,570 sf. cross‐ dock transfer platform, 11,880 sf. fleet maintenance shop, parking for fleet tractors (26), fleet trailers (137), and automobiles (84), and a diesel fuel system for fleet equipment. Access to and from the site for fleet tractors and trailers will be provided via one (1) ingress/egress location on Cherry Avenue; a separate parking lot for automobiles will be provided with a separate ingress/egress location with access to Cherry Avenue. Central Transport will operate 24 hours per day, Monday through Friday, and Saturday mornings, and will consist of 70 to 80 employees. In order to facilitate the proposed Project, an annexation and Prezone application will be required. Project‐Related Increases in Traffic Noise Exposure‐ WJVA utilized the FHWA Traffic Noise Model to quantify expected project‐related increases in traffic noise exposure along roadways in the project vicinity. The FHWA Model is a standard analytical method used by state and local agencies for roadway traffic noise prediction. The model is based upon reference energy emission levels for automobiles, medium trucks (2 axles) and heavy trucks (3 or more axles), with consideration given to vehicle volume, speed, roadway configuration, distance to the receiver, and the acoustical characteristics of the site. The FHWA Model was developed to predict hourly Leq values for free‐flowing traffic conditions, and is generally considered to be accurate within ±1.5 dB. To predict Ldn values, it is necessary to determine the hourly distribution of traffic for a typical day and adjust the traffic volume input data to yield an equivalent hourly traffic volume. Traffic volumes for the analyzed receptor locations were provided by the project traffic engineer, Ruettgers & Schuler Civil Engineers. Truck percentages and the day/night distribution of traffic were estimated by WJVA, based upon previous studies conducted in the project vicinity since project‐specific data were not available from government sources. The Noise modeling assumptions used to calculate project traffic noise are provided as Appendix C. Traffic noise exposure levels for Existing, Existing Plus Project, 2043 Cumulative No Project and 2043 Cumulative Plus Project traffic scenarios were calculated based upon the FHWA Model and the above‐described model inputs and assumptions. Project‐related significant impacts would occur if an increase in traffic noise associated with the project would result in noise levels exceeding the City’s applicable noise level standards at the location(s) of sensitive receptors. For 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 12 a pneumatic impact wrench, used to remove and replace lug nuts for tire removal. Noise levels associated with the impact wrench were measured to be approximately 80 dB at a distance of 25 feet. Additionally, noise levels associated with a shop air compressor were measured to be approximately 72 dB at a distance of 20 feet. The closest existing sensitive receptor to the proposed fleet maintenance shop is located approximately 600 feet to the north. The City’s maximum daytime noise level standard is 70 dB and maximum nighttime noise level standard is 60 dB. Taking into account the standard rate of attenuation of noise with increased distance from a point source (‐6 dB/doubling of distance), noise levels would not exceed 60 dB at setback distances of 250 feet or greater from the source. The proposed fleet maintenance shop would not be located within 250 feet of any noise‐sensitive receptor locations, as such, noise levels associated with the proposed fleet maintenance would not be expected to result in noise levels exceeding any City of Fresno noise level standards. It should be noted, the above‐ described noise levels were measured outdoors, with no acoustic shielding. Fleet maintenance activities would likely occur indoor, where noise would be attenuated by the building itself. Therefore, the above‐described noise levels should be considered a worst‐case assessment of noise levels associated with the fleet maintenance shop. TRUCK MOVEMENTS‐ The project would include a cross‐dock transfer platform for loading/unloading, as well truck and trailer parking. Trucks would enter and exit the project site via S. Cherry Avenue, as needed. The facility is accessible 24 hours per day, Monday through Friday as well as Saturday mornings. Noise associated with truck movements are generally limited to noise associated with on‐site vehicle movements as well as the release of air brakes. WJVA has conducted measurements of the noise levels produced by slowly moving trucks for a number of studies. Such truck movements would be expected to produce noise levels in the range of 61‐77 dBA at a distance of 50 feet. The range in measured truck noise levels is due to differences in the size of trucks, their speed of movement and whether they have refrigeration units in operation during the pass‐by. Maximum noise levels produced by the truck as it released the air brakes were measured to be in the range of 78‐80 dB at the reference distance of 50 feet from the truck. This is a brief noise which lasts approximately three to four seconds after the truck comes to a complete stop. The closest sensitive receptor (residential land uses) to the proposed truck storage and parking areas are located at a setback distance of approximately 350 feet to the south/southeast. At this setback distance noise levels associated with truck movements would be in the range of approximately 44‐60 dB and noise levels associated with the release of air brakes would be in the range of approximately 61‐63 dB. The City of Fresno maximum (Lmax) noise level standard is 70 dB during the daytime hours (7:00 a.m. to 10:00 p.m.) and 60 dB during the nighttime hours (10:00 p.m. to 7:00 a.m.). However, the City of Fresno Municipal Code states that the standards of the noise ordinance may be adjusted upward (made less restrictive) if existing ambient noise levels without the source of concern already exceed the noise ordinance standards. The municipal code states that, in such siutations, the applicable noise standard becomes the existing ambient noise level, plus 5 dB. Reference to 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 13 measured noise levels in the project vicinity (Table IV above) indicate that maximum nighttime noise levels averaged approximately 80 dB. Therefore, noise levels associated with truck movement activities would not exceed City of Fresno daytime or nighttime noise level standards. LOADING DOCK ACTIVITIES: The project would include cross‐dock loading platforms, where various materials would be unloaded and loaded into truck trailers for transport. Noise sources typically associated with loading dock activities include truck engines, the operation of truck‐mounted refrigeration units, fork lifts, the banging of hand carts and roll‐up doors, noise from P.A. systems, and the voices of truck drivers and store employees. Truck engines and/or refrigeration units are typically turned off while trucks are in loading dock areas to reduce noise and save energy. Based upon noise level measurements conducted by WJVA for other studies, loading dock noise levels would be expected to be in the range of approximately 65 to 83 dBA at a distance of 50 feet. The closest existing sensitive receptors (residential land uses) to the proposed dock facility are located at distances of approximately 700 feet to the south/southeast. At such distances noise levels associated with loading dock activities would be in the range of approximately 42‐60 dB. Such levels do not exceed applicable City of Fresno daytime or nighttime noise level standards. 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 14 CONCLUSIONS AND RECOMMENDATIONS Ambient noise levels measured in the project vicinity indicate that existing ambient noise levels are already relatively high, as a result of vehicle traffic along S. Cherry Avenue, E. North Avenue, SR 41 as well as existing industrial land uses in the project vicinity. The noise level measurement data (described in detail above) demonstrate that the project would not be expected to exceed any applicable daytime or nighttime City of Fresno noise level standards at nearby sensitive receptor locations (residential land uses). This determination considers the existing elevated ambient noise levels measured near these residential land uses. Noise levels associated with all project operations would be below existing ambient noise levels measured in the project vicinity, and mitigation measures are therefore not required for project noise compliance. Traffic noise modeling indicated that the project would generally not result in any increases in traffic noise along roadways in the project vicinity, with the exception of S. Cherry Avenue, where the project would result in an increase of approximately 1 dB. However, project‐related traffic would not result in traffic noise levels to exceed any City of Fresno noise standards at any sensitive receptor locations in the project vicinity. The foregoing conclusions and recommendations are based upon the best information known to WJV Acoustics, Inc. (WJVA) at the time the study was prepared concerning the proposed site plan and proposed operational activities. Any significant changes to the information used for this analysis will require a reevaluation of the findings of this report. Additionally, any significant future changes in noise regulations or other factors beyond WJVA’s control may result in long‐term noise results different from those described by this analysis. Respectfully submitted, Walter J. Van Groningen President WJV:wjv 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 15 FIGURE 1: SITE PLAN 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 16 FIGURE 1: SITE PLAN (Continued) 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 17 FIGURE 1: SITE PLAN (Concluded) 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 FIGURE 2: PROJECT SITE VICINITY AND NOISE MEASUREMENT LOCATION 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 FIGURE 4: NOISE MEASUREMENT SITE LT-1 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 FIGURE 5: LOCATIONS OF MODELED TRAFFIC NOISE RECEPTORS 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 APPENDIX A ACOUSTICAL TERMINOLOGY AMBIENT NOISE LEVEL: The composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. CNEL: Community Noise Equivalent Level. The average equivalent sound level during a 24‐hour day, obtained after addition of approximately five decibels to sound levels in the evening from 7:00 p.m. to 10:00 p.m. and ten decibels to sound levels in the night before 7:00 a.m. and after 10:00 p.m. DECIBEL, dB: A unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). DNL/Ldn: Day/Night Average Sound Level. The average equivalent sound level during a 24‐hour day, obtained after addition of ten decibels to sound levels in the night after 10:00 p.m. and before 7:00 a.m. Leq: Equivalent Sound Level. The sound level containing the same total energy as a time varying signal over a given sample period. Leq is typically computed over 1, 8 and 24‐hour sample periods. NOTE: The CNEL and DNL represent daily levels of noise exposure averaged on an annual basis, while Leq represents the average noise exposure for a shorter time period, typically one hour. Lmax: The maximum noise level recorded during a noise event. Ln: The sound level exceeded "n" percent of the time during a sample interval (L90, L50, L10, etc.). For example, L10 equals the level exceeded 10 percent of the time. 22‐61 (Crown Transport Logistics, Fresno) 8‐25‐23 A-2 ACOUSTICAL TERMINOLOGY NOISE EXPOSURE CONTOURS: Lines drawn about a noise source indicating constant levels of noise exposure. CNEL and DNL contours are frequently utilized to describe community exposure to noise. NOISE LEVEL REDUCTION (NLR): The noise reduction between indoor and outdoor environments or between two rooms that is the numerical difference, in decibels, of the average sound pressure levels in those areas or rooms. A measurement of “noise level reduction” combines the effect of the transmission loss performance of the structure plus the effect of acoustic absorption present in the receiving room. SEL or SENEL: Sound Exposure Level or Single Event Noise Exposure Level. The level of noise accumulated during a single noise event, such as an aircraft overflight, with reference to a duration of one second. More specifically, it is the time‐integrated A‐weighted squared sound pressure for a stated time interval or event, based on a reference pressure of 20 micropascals and a reference duration of one second. SOUND LEVEL: The sound pressure level in decibels as measured on a sound level meter using the A‐weighting filter network. The A‐weighting filter de‐emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives good correlation with subjective reactions to noise. SOUND TRANSMISSION CLASS (STC): The single‐number rating of sound transmission loss for a construction element (window, door, etc.) over a frequency range where speech intelligibility largely occurs. APPENDIX C TRAFFIC NOISE MODELING CALCULATIONS WJV Acoustics, IncFHWA-RD-77-108Calculation SheetsAugust 25, 2023Project #: 22-61Contour Levels (dB) 60 65 70 75Description: ExistingLdn/Cnel: LdnSite Type: SoftSegment Roadway Name Segment Description ADT %Day %Evening %Night %Med %Heavy Speed Distance Offset1S Elm AveR-12940 901022 45 1252W. North AveR-24590 901022 45 1253S Elm AveR-33190 901022 45 1504W. North AveR-46160 901022 45 1205S. Cherry AveR-52500 901022 45 1306S. Cherry AveR-61740901022 45 1107E. Central AveR-74780 901022 45 120 WJV Acoustics, IncFHWA-RD-77-108Calculation SheetsAugust 25, 2023Project #: 22-61Contour Levels (dB) 60 65 70 75Description: Existing + ProjectLdn/Cnel: LdnSite Type: SoftSegment Roadway Name Segment Description ADT %Day %Evening %Night %Med %Heavy Speed Distance Offset1S Elm AveR-12940 901022 45 1252W. North AveR-24610 901022 45 1253S Elm AveR-33190 901022 45 1504W. North AveR-46180 901022 45 1205S. Cherry AveR-53020 901022 45 1306S. Cherry AveR-61820901022 45 1107E. Central AveR-74900 901022 45 120 WJV Acoustics, IncFHWA-RD-77-108Calculation SheetsAugust 25, 2023Project #: 22-61Contour Levels (dB) 60 65 70 75Description: 2043Ldn/Cnel: LdnSite Type: SoftSegment Roadway Name Segment Description ADT %Day %Evening %Night %Med %Heavy Speed Distance Offset1S Elm AveR-16850 901022 45 1252W. North AveR-214230 901022 45 1253S Elm AveR-37810 901022 45 1504W. North AveR-416670 901022 45 1205S. Cherry AveR-54420 901022 45 1306S. Cherry AveR-62350901022 45 1107E. Central AveR-75960 901022 45 120 WJV Acoustics, IncFHWA-RD-77-108Calculation SheetsAugust 25, 2023Project #: 22-61Contour Levels (dB) 60 65 70 75Description: 2043 + ProjectLdn/Cnel: LdnSite Type: SoftSegment Roadway Name Segment Description ADT %Day %Evening %Night %Med %Heavy Speed Distance Offset1S Elm AveR-16850 901022 45 1252W. North AveR-214250 901022 45 1253S Elm AveR-37810 901022 45 1504W. North AveR-416690 901022 45 1205S. Cherry AveR-54940 901022 45 1306S. Cherry AveR-62440901022 45 1107E. Central AveR-75980 901022 45 120 Appendix E – Traffic Study Project No: 524-30 TRAFFIC STUDY Crown Central Transport Regional Facility Fresno, CA Prepared for: Crawford & Bowen Planning, Inc. August 2023 Prepared by: 1800 30TH STREET, SUITE 260 BAKERSFIELD, CA 93301 __________________________________________ Ian J. Parks, RCE 58155 Accela/FAASTER No. P23-00149 – Development Permit Application P21-05778 – Annexation Application P21-05870 – Plan Amendment – Rezone Planner: John George Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility i TABLE OF CONTENTS Pg EXECUTIVE SUMMARY ....................................................................................................................................... 1 INTRODUCTION ..................................................................................................................................................... 6 FIGURE 1: VICINITY MAP ..................................................................................................................................... 7 FIGURE 2: LOCATION MAP .................................................................................................................................. 8 FIGURE 3: SITE PLAN ............................................................................................................................................ 9 PROJECT TRIP GENERATION VOLUMES ........................................................................................................ 11 TABLE 1: TRIP GENERATION ............................................................................................................................ 11 PROJECT TRIP DISTRIBUTION AND ASSIGNMENT ...................................................................................... 11 EXISTING AND FUTURE TRAFFIC .................................................................................................................... 12 FIGURE 4: PROJECT PEAK HOUR TRAFFIC .................................................................................................... 13 FIGURE 5: 2023 PEAK HOUR TRAFFIC ............................................................................................................. 14 FIGURE 6: 2023+PROJECT PEAK HOUR TRAFFIC .......................................................................................... 15 FIGURE 7: 2023+PROJECT CUMULATIVE PEAK HOUR TRAFFIC .............................................................. 16 FIGURE 8: 2043 CUMULATIVE PEAK HOUR TRAFFIC .................................................................................. 17 FIGURE 9: 2043+PROJECT CUMULATIVE PEAK HOUR TRAFFIC .............................................................. 18 FIGURE 10: INTERSECTION LANE CONFIGURATION .................................................................................. 19 INTERSECTION ANALYSIS ................................................................................................................................ 20 TABLE 3a: INTERSECTION LOS, AM PEAK HOUR ......................................................................................... 21 TABLE 3b, INTERSECTION LOS, PM PEAK HOUR ......................................................................................... 23 ROADWAY ANALYSIS ........................................................................................................................................ 23 TABLE 4a: EXISTING AM ROADWAY LEVEL OF SERVICE ........................................................................ 23 TABLE 4b: FUTURE AM ROADWAY LEVEL OF SERVICE ........................................................................... 24 TABLE 4c: EXISTING PM ROADWAY LEVEL OF SERVICE ........................................................................ 24 TABLE 4d: FUTURE PM ROADWAY LEVEL OF SERVICE ............................................................................ 25 TRAFFIC SIGNAL WARRANT ANALYSIS ........................................................................................................ 26 TABLE 5a: WARRANT 1 & WARRANT 2 ANALYSIS ...................................................................................... 26 TABLE 5b: WARRANT 3 ANALYSIS .................................................................................................................. 26 ACCIDENT INVESTIGATION ............................................................................................................................. 27 QUEUE LENGTH ANALYSIS .............................................................................................................................. 27 TABLE 6a: AM QUEUE ANALYSIS .................................................................................................................... 27 TABLE 6b: PM QUEUE ANALYSIS ..................................................................................................................... 28 IMPROVEMENTS & RECOMMENDATIONS .................................................................................................... 28 TABLE 7: FUTURE INTERSECTION IMPROVEMENTS .................................................................................. 28 VMT ANALYSIS .................................................................................................................................................... 29 REFERENCES ........................................................................................................................................................ 30 APPENDIX .............................................................................................................................................................. 31 Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 1 EXECUTIVE SUMMARY The proposed long-term truck transfer facility is located west of Cherry Avenue between North Avenue and Central Avenue in Fresno, CA. Site access is proposed along Cherry Avenue. The list of proposed study intersections, roadway segments, and scenarios are as follows: Study Intersections: • Elm Avenue & North Avenue • SR 41 Southbound Ramps & North Avenue • SR 41 Northbound Ramps & North Avenue • Cherry Avenue & North Avenue • East Avenue & North Avenue • Cherry Avenue & Central Avenue Roadway Segments: • North Avenue from Elm Avenue to SR 41 Southbound Ramps • North Avenue from SR 41 Southbound Ramps to SR 41 Northbound Ramps • North Avenue from SR 41 Northbound Ramps to Cherry Avenue • North Avenue from Cherry Avenue to East Avenue Scenarios: • 2023 • 2023 + Project • 2023 with Cumulative Projects + Project • Future (2043) with Cumulative Projects • Future (2043) with Cumulative Projects + Project Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 2 Level of Service Analysis AM Peak Hour Intersection Analysis # Intersection Control Type 2023 2023+ Project 2023+ Project Cumulative 2043 Cumulative 2043+ Project Cumulative 2043+ Project Cumulative Mitigation 1 Elm Ave & North Ave Signal C (33.4) C (31.9) C (32.2) F (84.2) F (88.0) E (76.4) 2 SR 41 SB Ramps & North Ave Signal C (29.8) C (34.9) C (34.9) F (94.8) F (95.1) D (50.0) 3 SR 41 NB Ramps & North Ave Signal A (5.2) A (6.0) B (10.6) E (58.7) E (63.6) A (10.0) 4 Cherry Ave & North Ave Signal C (21.4) C (30.2) C (32.5) C (33.7) C (33.9) - 5 East Ave & North Ave Signal B (18.2) B (18.2) B (18.8) B (18.5) C (23.5) - 6 Cherry Ave & Central Ave AWSC A (8.3) A (8.4) A (8.4) A (9.0) A (9.0) - Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 3 PM Peak Hour Intersection Analysis # Intersection Control Type 2023 2023+ Project 2023+ Project Cumulative 2043 Cumulative 2043+ Project Cumulative 2043+ Project Cumulative Mitigation 1 Elm Ave & North Ave Signal C (25.0) C (27.5) C (27.6) D (52.6) D (52.7) D (42.0) 2 SR 41 SB Ramps & North Ave Signal C (22.2) C (22.4) C (22.6) F (85.5) F (87.8) E (66.4) 3 SR 41 NB Ramps & North Ave Signal A (2.5) A (3.3) A (4.8) A (7.6) A (10.0) A (9.6) 4 Cherry Ave & North Ave Signal C (33.2) C (34.1) C (34.3) D (44.7) D (46.1) - 5 East Ave & North Ave Signal C (31.7) C (32.2) C (33.2) D (37.8) D (37.9) - 6 Cherry Ave & Central Ave AWSC B (2.6) B (2.7) B (2.7) C (18.3) C (18.4) - Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 4 Roadway Analysis AM Roadway Level of Service VOL LOS VOL LOS VOL LOS North Avenue: Elm Avenue to SR 41 Southbound Ramps 660 C 680 C 860 C North Avenue: SR 41 Southbound Ramps to SR 41 Northbound Ramps 842 C 910 C 1028 C North Avenue: SR 41 Northbound Ramps to Cherry Avenue 908 C 1021 C 1173 C North Avenue: Cherry Avenue to East Avenue 766 C 810 C 996 C 2023+Project Cumulative Two-Way LOSStreet 2023 Two-Way LOS 2023+Project Two-Way LOS VOL LOS VOL LOS North Avenue: Elm Avenue to SR 41 Southbound Ramps 1822 D 1882 D North Avenue: SR 41 Southbound Ramps to SR 41 Northbound Ramps 2152 D 2169 D North Avenue: SR 41 Northbound Ramps to Cherry Avenue 2372 C 2373 C North Avenue: Cherry Avenue to East Avenue 1942 C 1996 C Street 2043 Cumulative Two-Way LOS 2043+Project Cumulative Two-Way LOS Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 5 PM Roadway Level of Service VOL LOS VOL LOS VOL LOS North Avenue: Elm Avenue to SR 41 Southbound Ramps 671 C 638 C 798 C North Avenue: SR 41 Southbound Ramps to SR 41 Northbound Ramps 732 C 746 C 824 C North Avenue: SR 41 Northbound Ramps to Cherry Avenue 907 C 954 C 1070 C North Avenue: Cherry Avenue to East Avenue 746 C 751 C 878 C 2023 Two-Way LOS 2023+Project Two-Way LOSStreet 2023+Project Cumulative Two-Way LOS VOL LOS VOL LOS North Avenue: Elm Avenue to SR 41 Southbound Ramps 1943 D 1980 D North Avenue: SR 41 Southbound Ramps to SR 41 Northbound Ramps 2051 D 2054 D North Avenue: SR 41 Northbound Ramps to Cherry Avenue 2087 C 2114 C North Avenue: Cherry Avenue to East Avenue 1844 C 1872 C Street 2043 Two-Way LOS 2043+Project Cumulative Two-Way LOS Improvements & Recommendations Based on the results of the Level of Service (LOS) analysis, it was determined that the following intersections needed to be improved: • Elm Avenue & North Avenue • SR 41 Southbound Ramps and North Avenue • SR 41 Northbound Ramps & North Avenue Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 6 INTRODUCTION The purpose of this study is to evaluate the potential traffic impact of a proposed long-term regional truck transfer facility in the City of Fresno. The proposed development will include a 68,570 square foot cross-dock transfer platform, a 3,294 square foot administrative office, an 11,880 square foot fleet maintenance shop, and parking for fleet tractors, fleet trailers, and automobiles along with a diesel fuel system. A vicinity map is presented in Figure 1 and a location map is presented in Figure 2. The site plan is shown in Figure 3. A. Study Area The study area is generally bounded by Cherry Avenue and State Route 41. A total of six intersections are included in the study, two which are stop controlled and two which are signalized. The scope of the study was developed in association with the City of Fresno. The scope is based on the guidelines contained in the City of Fresno’s “Traffic Impact Study Guidelines Update 2-2- 2009 for Fresno.” The scoping memo is included in the appendix. B. Existing Site Uses and Site Access The site is currently vacant land. Site access is proposed along Cherry Avenue at the driveway locations as shown in Figure 3. The project will construct frontage improvements, including sidewalk, curb ramps, and bike lanes. The construction of the sidewalk and bike lanes will close gaps in pedestrian and bicycle access and will allow access to the site for all users. C. Existing Uses in Vicinity of the Site Existing land uses in the vicinity of the proposed development are generally industrial and commercial land uses with residential further west and north of the project site. Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 8 Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 9 Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 10 D. Existing Street Descriptions Central Avenue is an east-west collector that extends throughout the southern part of the City of Fresno. In the vicinity of the project it exists as a two-lane roadway and provides access to industrial, commercial, and agricultural land uses. Cherry Avenue is a north-south collector that extends through the south part of the City of Fresno. In the vicinity of the project it exists as a two-lane roadway and provides access to industrial, commercial, and agricultural land uses. East Avenue is a north-south collector that extends south from Jensen Avenue in the City of Fresno. In the vicinity of the project it exists as two-lane roadway and provides access to industrial, commercial, and agricultural land uses. Elm Avenue is a north-south arterial that extends south from Ventura Avenue in the City of Fresno. In the vicinity of the project, it exists as a four-lane roadway with curb and gutter. Elm Avenue provides access to residential, industrial, agricultural, and commercial land uses. North Avenue is an east-west arterial that extends throughout the southern part of the City of Fresno. In the vicinity of the project it exists as four-lane roadway with curb and gutter. North Avenue provides access to commercial, industrial, and agricultural land uses. State Route 41 is a primarily north-south freeway that connects with the State Route 99 north of the project. In the vicinity of the project it exists as a four-lane freeway. Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 11 PROJECT TRIP GENERATION VOLUMES The project trip generation volumes shown in Table 1 were estimated using the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition. Trip rates, equations and directional splits for ITE Land Use Code 30 (Intermodal Truck Terminal) were used to estimate project trips for weekday peak hour of adjacent street traffic based on information provided by the project applicant. The ITE Land Use Code 30 does not currently have data regarding average daily traffic. Therefore, calculations were done based on information provided by the applicant. There will be 63 heavy trucks entering and exiting the project daily; therefore, there will be approximately 126 heavy truck trips per day. The project will have 90 employees entering and exiting the project daily; therefore, there will be approximately 180 passenger vehicle trips per day. The total heavy truck and vehicle trips were calculated to be approximately 306 daily trips. Table 1 Trip Generation ADT ITE Development Variable Rate IN OUT Rate IN OUT Code Type Split Split Split Split Trips Trips Trips Trips 30 83.744 1.97 47% 53%eq 52% 48% 1000 sq ft GFA 306 78 87 28 26 TOTAL 306 Intermodal Truck Terminal 165 54 Land Use AM Peak Hour Trips PM Peak Hour Trips PROJECT TRIP DISTRIBUTION AND ASSIGNMENT The project trip distribution was based on the most logically traveled routes for traffic accessing the project and a review of the potential draw from population centers within the region as well as the types of land uses involved. These assumptions were used to distribute project traffic as shown in Figure 4 for the roadway system within the study scope. Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 12 EXISTING AND FUTURE TRAFFIC Weekday peak hour turning movements were counted at the study intersections in April 2023. Traffic counts were obtained between the hours of 7:00 and 9:00am, and 4:00 and 6:00pm. Peak hour was determined to be 7:15 to 8:15am and 4:00 to 5:00pm. Count data is included in the Appendix. Annual growth rates ranging between 1.56 and 6.13 percent were applied to existing peak hour volumes to estimate future peak hour volumes for the year 2043. These growth rates were estimated based on a comparison of regional travel demand model volumes from the Fresno Council of Governments (FCOG) between years 2018 and 2035. A cumulative projects list was provided by the City of Fresno Planning department which includes approved or pending projects within the vicinity of the proposed project. Trip generation and distribution for pending or approved projects which were determined to have an influence on the study intersections was prepared and the volumes were added to the future scenarios. Cumulative project information can be found in the appendix. 2023 peak hour volumes are shown in Figure 5. 2023 peak hour volumes plus project peak hour volumes are shown in Figure 6. Figure 7 shows 2023 cumulative plus project peak hour volumes. Future cumulative peak hour volumes for the year 2043, both without and with project traffic, are shown in Figures 8 and 9, respectively. Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 19 FIGURE 10: INTERSECTION LANE CONFIGURATION # Intersection Control Type Existing With Improvements 1. Elm Ave & North Ave 2. SR 41 SB Ramps & North Ave 3. SR 41 NB Ramps & North Ave 4. Cherry Ave & North Ave 5. East Ave & North Ave 6. Cherry Ave & Central Ave Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 20 INTERSECTION ANALYSIS A capacity analysis of the study intersections was conducted using Synchro 11 software from Trafficware. This software utilizes the capacity analysis methodology in the Transportation Research Board’s Highway Capacity Manual. The analysis was performed for the following AM and PM Peak Hour traffic scenarios: • Existing (2023) • Existing (2023) + Project • Existing Cumulative (2023) + Project • Future Cumulative (2043) • Future Cumulative (2043) + Project • Future Cumulative (2043) + Project with Mitigation Criteria for intersection level of service (LOS) are shown in the tables below. LEVEL OF SERVICE CRITERIA UNSIGNALIZED INTERSECTION Level of Service Average Control Delay (sec/veh) Expected Delay to Minor Street Traffic A ≤ 10 Little or no delay B > 10 and ≤ 15 Short delays C > 15 and ≤ 25 Average delays D > 25 and ≤ 35 Long delays E > 35 and ≤ 50 Very long delays F > 50 Extreme delays LEVEL OF SERVICE CRITERIA SIGNALIZED INTERSECTIONS Level of Service Average Control Delay (sec/veh) Volume-to-Capacity Ratio A ≤ 10 < 0.60 B > 10 and ≤ 20 0.61 - 0.70 C > 20 and ≤ 35 0.71 - 0.80 D > 35 and ≤ 55 0.81 - 0.90 E > 55 and ≤ 80 0.91 - 1.00 F > 80 > 1.00 Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 21 The level of service threshold for requiring mitigation is if the facility operates below an LOS of “D”. Level of service for the study intersections is presented in Tables 3a and 3b. Table 3a Intersection Level of Service Weekday AM Peak Hour # Intersection Control Type 2023 2023+ Project 2023+ Project Cumulative 2043 Cumulative 2043+ Project Cumulative 2043+ Project Cumulative Mitigation 1 Elm Ave & North Ave Signal C (33.4) C (31.9) C (32.2) F (84.2) F (88.0) E (76.4) 2 SR 41 SB Ramps & North Ave Signal C (29.8) C (34.9) C (34.9) F (94.8) F (95.1) D (50.0) 3 SR 41 NB Ramps & North Ave Signal A (5.2) A (6.0) B (10.6) E (58.7) E (63.6) A (10.0) 4 Cherry Ave & North Ave Signal C (21.4) C (30.2) C (32.5) C (33.7) C (33.9) - 5 East Ave & North Ave Signal B (18.2) B (18.2) B (18.8) B (18.5) C (23.5) - 6 Cherry Ave & Central Ave AWSC A (8.3) A (8.4) A (8.4) A (9.0) A (9.0) - Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 22 Table 3b Intersection Level of Service PM Peak Hour # Intersection Control Type 2023 2023+ Project 2023+ Project Cumulative 2043 Cumulative 2043+ Project Cumulative 2043+ Project Cumulative Mitigation 1 Elm Ave & North Ave Signal C (25.0) C (27.5) C (27.6) D (52.6) D (52.7) D (42.0) 2 SR 41 SB Ramps & North Ave Signal C (22.2) C (22.4) C (22.6) F (85.5) F (87.8) E (66.4) 3 SR 41 NB Ramps & North Ave Signal A (2.5) A (3.3) A (4.8) A (7.6) A (10.0) A (9.6) 4 Cherry Ave & North Ave Signal C (33.2) C (34.1) C (34.3) D (44.7) D (46.1) - 5 East Ave & North Ave Signal C (31.7) C (32.2) C (33.2) D (37.8) D (37.9) - 6 Cherry Ave & Central Ave AWSC B (2.6) B (2.7) B (2.7) C (18.3) C (18.4) - Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 23 ROADWAY ANALYSIS A capacity analysis of the study roadways was conducted using Table 4 in the State of Florida Department of Transportation Quality/Level of Service Handbook dated June 2020 (see Appendix). The City of Fresno Traffic Impact Study Guidelines states that the peak hour level of service for roadways shall be no lower than LOS “D” for urban areas. The analysis was performed for the following AM and PM traffic scenarios: • Existing (2023) • Existing (2023) + Project • Existing Cumulative (2023) + Project • Future Cumulative (2043) • Future Cumulative (2043) + Project Table 4a Existing AM Roadway Level of Service VOL LOS VOL LOS VOL LOS North Avenue: Elm Avenue to SR 41 Southbound Ramps 660 C 680 C 860 C North Avenue: SR 41 Southbound Ramps to SR 41 Northbound Ramps 842 C 910 C 1028 C North Avenue: SR 41 Northbound Ramps to Cherry Avenue 908 C 1021 C 1173 C North Avenue: Cherry Avenue to East Avenue 766 C 810 C 996 C 2023+Project Cumulative Two-Way LOSStreet 2023 Two-Way LOS 2023+Project Two-Way LOS Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 24 Table 4b Future AM Roadway Level of Service VOL LOS VOL LOS North Avenue: Elm Avenue to SR 41 Southbound Ramps 1822 D 1882 D North Avenue: SR 41 Southbound Ramps to SR 41 Northbound Ramps 2152 D 2169 D North Avenue: SR 41 Northbound Ramps to Cherry Avenue 2372 C 2373 C North Avenue: Cherry Avenue to East Avenue 1942 C 1996 C 2043+Project Cumulative Two-Way LOSStreet 2043 Cumulative Two-Way LOS Table 4c Existing PM Roadway Level of Service VOL LOS VOL LOS VOL LOS North Avenue: Elm Avenue to SR 41 Southbound Ramps 671 C 638 C 798 C North Avenue: SR 41 Southbound Ramps to SR 41 Northbound Ramps 732 C 746 C 824 C North Avenue: SR 41 Northbound Ramps to Cherry Avenue 907 C 954 C 1070 C North Avenue: Cherry Avenue to East Avenue 746 C 751 C 878 C 2023 Two-Way LOS 2023+Project Two-Way LOSStreet 2023+Project Cumulative Two-Way LOS Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 25 Table 4d Future PM Roadway Level of Service VOL LOS VOL LOS North Avenue: Elm Avenue to SR 41 Southbound Ramps 1943 D 1980 D North Avenue: SR 41 Southbound Ramps to SR 41 Northbound Ramps 2051 D 2054 D North Avenue: SR 41 Northbound Ramps to Cherry Avenue 2087 C 2114 C North Avenue: Cherry Avenue to East Avenue 1844 C 1872 C Street 2043 Two-Way LOS 2043+Project Cumulative Two-Way LOS Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 26 TRAFFIC SIGNAL WARRANT ANALYSIS Traffic signal warrants 1, 2, and 3 were evaluated for each of the unsignalized intersections within the study based on the California Manual on Uniform Traffic Control Devices (MUTCD). AM and PM peak hour volume data and daily traffic volume data were collected for all approaches at the analyzed intersections. Traffic counts are included in the appendix. It is important to note that a signal warrant defines the minimum condition under which signalization of an intersection might be warranted. Meeting this threshold does not suggest traffic signals are required, but rather, that other traffic factors and conditions be considered in order to determine whether signals are truly justified. It is also noted that signal warrants do not necessarily correlate with level of service. An intersection may satisfy a signal warrant condition and operate at or above an acceptable level of service or operate below an acceptable level of service and not meet signal warrant criteria. Table 5a Warrant 1 & Warrant 2 Analysis Intersection 1 Eight 2 Four 1 Eight 2 Four Cherry Ave & Central Ave NO NO NO NO Existing Existing+Project Table 5b Warrant 3 Analysis Intersection AM PM AM PM AM PM AM PM AM PM Cherry Ave & Central Ave NO NO NO NO NO NO NO NO NO NO 2043+Project Cumulative2023+Project2023 2043 Cumulative 2023+Project Cumulative Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 29 VEHICLE MILES TRAVELED ANALYSIS An evaluation of project vehicle miles traveled (VMT) was conducted based on VMT analysis guidelines adopted by the City of Fresno. The guidelines provide “screening thresholds” for identifying whether a land use project should be expected to result in a less than significant transportation impact under CEQA. Projects meeting one or more of these criteria would not be required to undergo a detailed VMT analysis. The project consists of a heavy-duty truck facility. It is important to note that based on the City of Fresno VMT guidelines, VMT analysis only includes passenger vehicles and heavy truck trips were not analyzed. The project will generate approximately 180 passenger vehicle trips per day. According to the City of Fresno VMT guidelines, facilities that generate fewer than 500 average daily trips are accounted for in the existing regional average. Therefore, no VMT analysis is necessary. Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 30 REFERENCES 1. Highway Capacity Manual 2010, Transportation Research Board 2. Manual on Uniform Traffic Control Devices for Streets and Highways, 2014 Edition, Federal Highway Administration (FHA) 3. Trip Generation, 11th Edition, Institute of Transportation Engineers (ITE) Traffic Study 524-30 Traffic Impact Study Crown Central Transport Regional Facility 31 APPENDIX MEMORANDUM To: Harmanjit Dhaliwal From: Shalisha Hodson Date: April 3, 2023 RE: Traffic Study Scope for Central Transport Regional Facility The firm of Ruettgers & Schuler Civil Engineers (R&S) is pleased to provide this memorandum documenting traffic impact study methodologies and assumptions recommended for the Central Transport project, a proposed regional truck transfer facility located in Fresno, California. The project site is situated on approximately 15 acres of vacant land west of Cherry Avenue between North Avenue and Central Avenue. Attached is a copy of the Project site plan. The purpose of this memorandum is to request comments from City of Fresno staff to ensure the traffic study fully addresses potential traffic impacts of the project. The memorandum was prepared in accordance with the City of Fresno traffic study guidelines. Project Description It is anticipated that the project would operate 24 hours a day, Monday through Friday, with three work shifts of approximately 30 employees per shift. Separate project site access points would be provided from Cherry Avenue for truck operators and employees. Project land uses would include the following: • Approximately 3,294 square feet of administrative office space • Approximately 68,570 square feet of loading dock area • Approximately 11,880 square feet of fleet maintenance shop space Project Trip Generation The project trip generation volumes presented in Tables 1 and 2 were estimated using the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition (weekday, peak hour of adjacent street traffic). Table 3 presents estimates developed based on information provided by the Project applicant. April 3, 2023 Page 2 of 4 Table 1 Project Trip Generation Employees ITE Development Variable Rate IN OUT Rate IN OUT Code Type Split Split Split Split Trips Trips Trips Trips 30 90 0.84 47% 53% 0.69 52% 48% Employees 36 40 32 30 TOTAL 36 40 32 30 Land Use AM Peak Hour Trips PM Peak Hour Trips Intermodal Truck Terminal Table 2 Project Trip Generation Building Space ITE Development Variable Rate IN OUT Rate IN OUT Code Type Split Split Split Split Trips Trips Trips Trips 30 83.744 1.97 47% 53%eq 52% 48% 1000 sq ft GFA 78 87 28 26 TOTAL 78 87 28 26 Intermodal Truck Terminal Land Use AM Peak Hour Trips PM Peak Hour Trips Table 3 Project Trip Generation Facility Operation Heavy Duty Trucks 63 per day 126 0 18 9 0 Passenger Vehicles 90 per day 180 30 30 30 30 TOTAL 306 30 48 39 30 VariableTrip Type Project Vehicles Daily Trips AM Peak Hour Trips PM Peak Hour Trips ADT Inbound Outbound Inbound Outbound It is noted that the trip generation estimates in Tables 1 and 2 are based on relatively few data points (two for the AM peak hour and four for the PM peak hour). Therefore, given the relatively small data sets, it is recommended that the traffic study use the project trip generation estimates in Table 3. Project peak hour trips are shown on the scope map attached. April 3, 2023 Page 3 of 4 Study Intersections and Roadway Segments It is recommended that the scope of the traffic study include the six intersections listed below. All intersections are signalized except for Cherry Avenue/Central Avenue (#6). Intersection locations are shown on the scope map attached. Peak hour turning movement counts will be scheduled upon approval of the study intersections. 1. Elm Avenue & North Avenue 2. SR 41 Southbound Ramps & North Avenue 3. SR 41 Northbound Ramps & North Avenue 4. Cherry Avenue & North Avenue 5. East Avenue & North Avenue 6. Cherry Avenue & Central Avenue Roadway segments located between study intersections will be analyzed. Future Traffic Assumptions Growth rates will be estimated based on output from the Fresno Council of Governments (FCOG) travel demand model. Traffic Impact Analyses and Scenarios Analyses of intersection and roadway level of service (LOS), traffic signal warrants, queue lengths, and vehicle miles traveled (VMT) will be completed in accordance with applicable City and State guidelines. Below are the traffic impact scenarios. • 2023 (Existing) • 2023 + Project • 2023 + Project (Cumulative) • 2043 (Cumulative) • 2043 + Project (Cumulative) Signal Warrant Analysis Intersection conditions for Traffic Signal Warrants 1 and 2 would be applied to the unsignalized intersection(s) in the study for the three existing year (2023) traffic analysis scenarios. Conditions for Warrant 3 would be applied for all six traffic analysis scenarios. Queue Length Analysis A queue length analysis will be conducted for all turn lanes. April 3, 2023 Page 4 of 4 Vehicle Miles Traveled (VMT) Analysis Our office will work closely with City staff to ensure project VMT assumptions and methodologies are consistent with City guidelines. It is anticipated that the project will "screen out" due to the ADT volumes being below threshold. Mitigation Mitigation measures will be determined for deficiencies identified by the traffic impact analysis results. The proportionate share of the cost of mitigation improvements will also be calculated. Collision History Traffic collision data will be collected and evaluated for all study intersections and roadway segments. Closing Please contact me if you have any questions or comments regarding the scope of the study. Attachments RECID DESCRIPTIONOPEN_DATE REC_STATUSPER_TYPEAPN ADDRESSADRIDP22‐02769 Conditional Use Permit Application No. P22‐02769 wa7/22/2022 Approved w/Cond.‐ No Appeal Conditional Use Permit 46711508 1224 KERN ST136926P22‐04936 Development Permit Application No. P22‐04936 was 12/30/2022 In ReviewDevelopment Permit 47111407 1750 S ORANGE AVE 142150P23‐00989 install 40'x80' metal pre fab building3/15/2023 IncompleteConditional Use Permit 32825109 1821 E DOROTHY AVE 28048P22‐01257 Conditional Use Permit Application No. P22‐01257 wa4/5/2022 Approved w/Cond.‐ No Appeal Conditional Use Permit 46832104 1828 S MARY ST138994P23‐00166 Development Permit Application No. P23‐00166 was 1/16/2023 IncompleteDevelopment Permit 33023001S 2085 E MUSCAT AVE 28776P23‐02377 Development Permit Application No. P23‐02377 was 7/7/2023 Completeness Review in Process Development Permit 46827109 2115 MONTEREY ST 138725P23‐00658 Conditional Use Permit Application No. P23‐00658 wa2/17/2023 On HoldConditional Use Permit 47822111 2309 S G ST147949P22‐02123 Conditional Use Permit Application No. P22‐02123 wa5/31/2022 Approved w/Cond.‐ No Appeal Conditional Use Permit 47818319 2320 S ELM AVE C/T147779P22‐00892 Development Permit Application No. P22‐00892 was 3/10/2022 Approve w/Conditions‐No Appeal Development Permit 47818307 2322 S ELM AVE381286P23‐02290 Install (5) Level 2 dual port and (4) Level 3 EVCS 6/30/2023 Completeness Review in Process Development Permit 47822210 2339 S G ST147951P22‐02848 Major Amendment increasing unit quantity from 140 7/28/2022 IncompleteDevelopment Permit 47902039 2410 S ELM AVE148536P21‐05381 ABCUP Application No. P21‐05381 was filed by Blanca10/4/2021 On HoldConditional Use Permit 47912118 2467 S ELM AVE148806P23‐02220 NULL6/26/2023 Completeness Review in Process Development Permit 47921110 2579 S ELM AVE149256P22‐04834 Conditional Use Permit Application No. P22‐04834 wa12/20/2022 On HoldConditional Use Permit 47907136 2585 S EAST AVE148632P22‐03913 Development Permit Application No. P22‐03913 was 10/6/2022 Approve w/Conditions‐No Appeal Development Permit 48043321 2586 S MAPLE AVE 219135P22‐00330 Conditional Use Permit Application No. P22‐00330 wa1/26/2022 Approved w/Cond.‐ No Appeal Conditional Use Permit 48043321 2590 S MAPLE AVE STE 103 249732P21‐04788 Development Permit Application No. P21‐04788 was 8/31/2021 Approve w/Conditions‐No Appeal Development Permit 48705078S 2691 S EAST AVE153506P23‐00961 Development Permit Application No. P23‐00961 was 3/14/2023 In ReviewDevelopment Permit 32830021 2761 S CHERRY AVE S/A 27343P21‐01882 Development Permit Application No. P21‐01882 was 4/2/2021 Approve w/Conditions‐No AppealDevelopment PermitNULL 2797 S ORANGE AVE 153878P21‐06275 Conditional Use Permit Application No. P21‐06275 wa12/3/2021 Appeal RequestedConditional Use Permit 32820094S 2839 E DOROTHY AVE 376927P21‐02062 Development Permit Application No. P21‐02062 was 4/14/2021 Approve w/Conditions‐No Appeal Development PermitNULL 2892 E DOROTHY AVE 27955P21‐01572 TO ADD A INDUSTRIAL METAL BUILDING THAT WILL H3/22/2021 IncompleteDevelopment PermitNULL 2908 S MAPLE AVE 153486P22‐04195 Conditional Use Permit Application No. P22‐04195 wa10/27/2022 Approved w/Cond.‐ No Appeal Conditional Use Permit 48714059 2912 S CEDAR AVE 266544P23‐00779 Development Permit Application No. P23‐00779 was 2/28/2023 In ReviewDevelopment Permit 48703150 2945 S EAST AVE153449P21‐01102 Conditional Use Permit Application No. P21‐01102 wa2/25/2021 On HoldConditional Use Permit NULL 2989 S GOLDEN STATE BLVD 153404P23‐00149 This application was filed by Precision Civil Engineerin1/13/2023 On Hold‐Revisions Required Development Permit 32910052 329100 # NONE ASSIGNED 27 28440P21‐05870 This application was filed by Precision Civil Engineerin11/2/2021 Review CompletePlan Amendment ‐ Rezone 32910052 329100 # NONE ASSIGNED 27 28440P21‐01153 Conditional Use Permit Application No. P21‐01153 wa3/1/2021 Approved w/Cond.‐ No Appeal Conditional Use Permit NULL 3457 S CEDAR AVE29131P23‐01775 Development Permit Application No. P23‐01775 was 5/16/2023 In ReviewDevelopment Permit 47026322 3523 E BUTLER AVE 141340P21‐03293 Development Permit Application No. P21‐03293 was 6/15/2021 In ReviewDevelopment PermitNULL 3740 S EAST AVE28745P22‐00242 Development Permit Application No. P22‐00242 was 1/20/2022 Final Approval ‐ No Appeal Development Permit 48006022U 3754 E CALIFORNIA AVE 236911P23‐02216Convert hotel 19 hotel rooms into 12‐ unit apartmen6/25/2023 Completeness Review in Process Conditional Use Permit 48712202 3978 E CALWA AVE 153757P22‐01126 Development Permit Application No. P22‐01126, was3/25/2022 In ReviewDevelopment Permit 48714072 4010 E AMENDOLA DR 181378P22‐04027 Development Permit Application No. P22‐04027 was 10/14/2022 In ReviewDevelopment Permit 33003184 4254 S CEDAR AVE S/A 267257P22‐00402 Development Permit Application No. P22‐00402 was 2/1/2022 Approve w/Conditions‐No Appeal Development Permit 48715045S 4340 E JENSEN AVE 153899P22‐02060 Development Permit Application No. P22‐02060 was 5/25/2022 Approve w/Conditions‐No Appeal Development Permit 48007043 4561 E FLORENCE AVE 149984P23‐00194BUILDING‐'A' NEW MINI‐MART WITH RESTAURANT D1/17/2023 IncompleteConditional Use Permit 48111010 4807 E JENSEN AVE # A152287P21‐06240 Conditional Use Permit Application No. P21‐06240 wa12/1/2021 Approved w/Cond.‐ No Appeal Conditional Use Permit 47712103 54 E CALIFORNIA AVE C/T C/T241023P22‐03755 BUILDING To install (4) evaporators FC‐3 suspended 9/27/2022 Final Approval ‐ No Appeal Development Permit 46824015 60 VAN NESS AVE138530P23‐00835 Conditional Use Permit Application No. P23‐00835 wa3/6/2023 In ReviewConditional Use Permit 47905014 820 E CHURCH AVE S/A 382695P23‐02080 Planned Development Permit Application No. P23‐02 6/12/2023 In ReviewPlanned Development 47905014 820 E CHURCH AVE S/A 382695P22‐00565 Development Permit Application No. P22‐00565 was 2/14/2022 Appeal RequestedDevelopment Permit 32909017 971 E NORTH AVE240922 Traffic Study 524-30 Intersection 1 Elm Ave & North Ave Traffic Study 524-30 Intersection 2 SR 41 SB Ramps & North Ave Traffic Study 524-30 Intersection 3 SR 41 NB Ramps & North Ave Traffic Study 524-30 Intersection 4 Cherry Ave & North Ave MITIGATION MONITORING AND REPORTING PROGRAM – May 22, 2025 This Mitigation Monitoring and Reporting Program (MMRP) has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for Environmental Assessment No. T-21-05778/P21-05870/P23-00149. The MMRP lists mitigation measures recommended in the IS/MND for the proposed Project and identifies monitoring and reporting requirements as well as conditions recommended by responsible agencies who commented on the project. The first column of the Table identifies the mitigation measure. The second column, entitled “Party Responsible for Implementing Mitigation,” names the party responsible for carrying out the required action. The third column, “Implementation Timing,” identifies the time the mitigation measure should be initiated. The fourth column, “Party Responsible for Monitoring,” names the party ultimately responsible for ensuring that the mitigation measure is implemented. The last column will be used by the City to ensure that individual mitigation measures have been monitored. Mitigation Measure Party responsible for Implementing Mitigation Implementation Timing Party responsible for Monitoring Verification (name/date) AIR-1. Construction Equipment Requirements. Before a construction permit is issued for the proposed project, the project applicant, project sponsor, or construction contractor shall submit documentation demonstrating reasonably detailed compliance with the following requirements to the City of Fresno: Where portable diesel engines are used during construction, all off-road equipment with engines greater than 75 horsepower shall have engines that meet or exceed either United States Environmental Protection Agency (EPA) or California Air Resources Board (CARB) Tier 4 Interim off-road emission standards or be equipped with Level 3 diesel particulate filters. Tier 4 Interim engines shall, at a minimum, meet EPA or CARB particulate matter emissions standards for Tier 4 Interim engines. Alternatively, use of CARB-certified Level 3 diesel particulate filters on off-road equipment with engines greater than 75 horsepower can be used in lieu of Tier 4 Interim engines or in combination with Tier 4 Interim or better engines. The construction contractor shall maintain records documenting its efforts to comply with this requirement, including equipment lists. Off-road equipment descriptions and information shall include, but are not limited to, equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating), horsepower, and engine serial number. The project applicant and/or construction contractor shall submit the construction operations plan and records of compliance to the City of Fresno. Project Applicant and Construction Contractor. Prior to ground disturbance and construction City of Fresno, Planning and Development Department CUL-1: Resource Discovery. If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to Project Applicant and qualified historical resources specialist Planning and Development Department to review construction specifications to ensure inclusion of provisions City of Fresno, Planning and Development Department Mitigation Measure Party responsible for Implementing Mitigation Implementation Timing Party responsible for Monitoring Verification (name/date) protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. included in mitigation measure. CUL-2: Resource Protection. Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not Project Applicant and qualified historical resources specialist Planning and Development Department to review construction specifications to ensure inclusion of provisions included in mitigation measure. City of Fresno, Planning and Development Department Mitigation Measure Party responsible for Implementing Mitigation Implementation Timing Party responsible for Monitoring Verification (name/date) limited to excavation of the finds and evaluation of the finds in accordance with CEQA Guidelines Section 15064.5. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City approved institution or person who is capable of providing long term preservation to allow future scientific study. If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. Mitigation Measure Party responsible for Implementing Mitigation Implementation Timing Party responsible for Monitoring Verification (name/date) CUL-3: Resource Protection. In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. Project Applicant and qualified historical resources specialist Planning and Development Department to review construction specifications to ensure inclusion of provisions included in mitigation measure. City of Fresno, Planning and Development Department TRA-1: The Applicant shall pay the City of Fresno for their Fair Share Portion of the intersection improvements described below in order to maintain or improve the operational level of service of the street system in the Project vicinity. Project Applicant Prior to issuance of grading permits. City of Fresno, Planning and Development Department Mitigation Measure Party responsible for Implementing Mitigation Implementation Timing Party responsible for Monitoring Verification (name/date) FRESNO MUNICIPAL CODE FINDINGS ANNEXATION CRITERIA Section 15-6104 of the Fresno Municipal Code provides that annexation shall not be approved unless the proposed annexation meets all of the following criteria : Findings Criteria per Fresno Municipal Code Section 15-6104 A. Concept Plan. If land proposed for annexation is required to create a Concept Plan per Section 15-6102, the Concept Plan must be created and adopted prior to annexation; and, Finding A: Subject to Fresno Municipal Code (FMC) Section 15-6102(B)(2).(a) (Exceptions), land proposed for annexation does not need to create a concept plan if “[w]ith the exception of the proposed project, there is no more undeveloped land within the Concept Plan Area with a heavy industrial use designation.” The area proposed for annexation includes several parcels, all of which are planned for Heavy Industrial land uses. However, all but one parcel proposed for annexation is already developed with various use including but not limited to industrial, agricultural, rural residential, and public facility uses. The only vacant parcel proposed for annexation is the parcel proposed for development with Development Permit Application No. P23-00149. Thus, a Concept Plan is not required for Annexation Application No. P21-05778. B. Plan Consistency. The proposed annexation and parcel configuration is consistent with the General Plan, Concept Plan, and any applicable operative plan; and, Finding B: The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form: Goal 13: Emphasize the City as a role model for good growth management planning, efficient processing and permit streamlining, effective urban development policies, environmental quality, and a strong economy. Work collaboratively with other jurisdictions and institutions to further these values throughout the region. Objective LU-1: Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with goal 13 of the Fresno General Plan. Policy LU-1-e calls for adopting implementing policies and requirements that achieve annexations to the City that conform to the General Plan planned land use designations and open space and park system, and are revenue neutral and cover all costs for public infrastructure, public facilities, and public services on an ongoing basis consistent with the requirements of ED-5-b. General Plan Policy ED-5-b requires new residential and commercial development that requires annexation to the City to pay its fair and proportional share of needed community improvements through impact fees, assessment districts, and other mechanisms. Approve new residential and commercial development projects that require annexation to the City only after making findings that all of the following conditions are met: • No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project; • The development project will fully fund public facilities and infrastructure as necessary to mitigate any impacts arising from the new development; • The development project will pay for public facilities and infrastructure improvements in proportion to the development’s neighborhood and citywide impacts; and, • The development will fully fund ongoing public facility and infrastructure maintenance and public service costs. Development Permit Application No. P23-00149 will be required to pay their fair and proportional share of needed community improvements through impact fees, assessment districts, and other mechanisms when future development is proposed within the annexation area, including annexation into Community Facilities District (CFD) No. 9 providing for long term maintenance services. CFD No. 9 applies to projects associated with all new commercial, industrial and multi-family developments, and would only apply to the area proposed for development, and not to the already developed parcels subject to annexation under this application. Furthermore, required connections to City sewer and water, at such time as service is available to the applicable properties within the annexation area, will require the property owner to connect and pay all costs associated with those connections and not requiring the City to pay for the cost of those connections. Conditions of approval and mitigation measures assure the annexation area remains revenue neutral and will cover all costs for public infrastructure, public facilities, and public services on an ongoing basis consistent with the requirements of Fresno Gene ral Plan Policy ED-5-b. The developer for P23-00149 will be required to pay applicable fees and develop the land according to the requirements for P23-00149. Therefore, (1) No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project; (2) P23-00149 will fully fund public facilities and infrastructure as necessary to mitigate any impacts; (3) P23-00149 will pay for public facilities and infrastructure improvements in proportion to the development’s neighborhood and citywide impacts; and, (4) P23- 00149 will fully fund ongoing public facility and infrastructure maintenance and public service costs. Policy PU-3-h calls for developing annexation strategies to include the appropriate rights-of-way and easements necessary to provide cost effective emergency services. The proposed pre-zone will pre-zone approximately 15.95 acres of the subject property from the County of Fresno AL 20 (Limited Agricultural) zone district to the City of Fresno IH (Heavy Industrial) zone district; and approximately 35.77 acres of the subject property from the County AL 20 (Limited Agricultural) zone district to the City of Fresno IH/ANX (Heavy Industrial/Annexed Rural Residential Transitional Overly) zone district consistent with the existing underlying Employment – Industrial planned land use, as depicted on Figure LU-1 of the Fresno General Plan. The proposed project is not located within the area of influence under the Fresno County Airport Land Use Compatibility Plan (ALUCP). The proposed warehouse is not considered a hazardous use or structure for aviation that would conflict with the ALUCP requirements, therefore is compatible and consistent with the plan. The project as proposed complies with the Safety Criteria Matrix of the Fresno County Airport Land Use Compatibility Plan. Therefore, it is staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. Subject to compliance with future conditions of approval for development, the proposed project may be found consistent with all applicable local ordinances, regulations, policies and standards. C. Revenue Neutrality. (1) Public Services, Facilities, and Utilities. Adequate public services, facilities, and utilities meeting City standards are available to the lands proposed for annexation or will be provided within a specific period of time, with financial guarantees and performance requirements, to ensure this wil l occur; and, (2) Fair and Proportional Payments. Projects requiring annexation will not negatively impact City finances in any manner set forth in Section 15-6104-C-2 of the FMC; and, Finding C: Development Permit Application No. P23-00149 will be required to pay their fair and proportional share of needed community improvements through impact fees, assessment districts, and other mechanisms when future development is proposed within the annexation area, including annexation into Community Facilities District (CFD) No. 9 providing for long term maintenance services. CFD No. 9 applies to projects associated with all new commercial, industrial and multi-family developments, and would only apply to the area proposed for development, and not to the already developed parcels subject to annexation under this application. Furthermore, required connections to City sewer and water, at such time as service is available to the applicable properties within the annexation area, will require the property owner to connect and pay all costs associated with those connections and not requiring the City to pay for the cost of those connections. Conditions of approval and mitigation measures assure the annexation area remains revenue neutral and will cover all costs for public infrastructure, public facilities, and public services on an ongoing basis consistent with the requirements of Fresno General Plan Policy ED-5-b. The developer for P23-00149 will be required to pay applicable fees and develop the land according to the requirements for P23-00149. Therefore, (1) No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project; (2) P23-00149 will fully fund public facilities and infrastructure as necessary to mitigate any impacts; (3) P23 -00149 will pay for public facilities and infrastructure improvements in proportion to the development’s neighborhood and citywide impacts; and, (4) P23 - 00149 will fully fund ongoing public facility and infrastructure maintenance and public service costs. D. Disadvantaged Unincorporated Communities. The City will partner with the community, if there is wide support for annexation, to coordinate terms to initiate and support the annexation process; and, Finding D: No Disadvantaged Unincorporated Communities are identified adjacent or within the vicinity of the proposed annexation boundary. E. LAFCO Approval. The annexation shall be approved by the Local Agency Formation Commission (LAFCO) of Fresno. Finding E: The proposed Pre-zone Application No. P21-05870 has been filed to facilitate annexation of approximately 80.91 acres of land within the subject property boundary to the City of Fresno as well as detachment from the Kings River Conservation District and Fresno County Fire Protection District in accordance with Annexation Application No. P21- 05778. The combination of these actions comprises the proposed North-Cherry No. 3 Reorganization and ultimately fall under the jurisdiction of the Fresno Local Area Formation Commission (LAFCO). An affirmative action by the Fresno City Council regarding Annexation Application No. P21-05778 will authorize the filing of an application with LAFCO to initiate proceedings for the consideration of the proposed North-Cherry No. 3 Reorganization. PRE-ZONE APPLICATION FINDINGS Section 15-5812 of the Fresno Municipal Code provides that the Planning Commission shall not recommend and City Council shall not approve an application unless the proposed Pre-zone meets the following criteria: Findings per Fresno Municipal Code Section 15-5812 A. The applicable standards and requirements of this Code. Finding A: The proposed project and use are permitted in the IH – Heavy Industrial zone district. As conditioned, the project will comply with all applicable standards and requirements of the Fresno Municipal Code. B. The General Plan and any operative plan or policies the City has adopted. Finding B: The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form: • Emphasize the City as a role model for good growth management planning, efficient processing and permit streamlining, effective urban development policies, environmental quality, and a strong economy. Work collaboratively with other jurisdictions and institutions to further these values throughout the region. Objective LU-1: Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with goal 13 of the Fresno General Plan. Policy LU-1-e calls for adopting implementing policies and requirements that achieve annexations to the City that conform to the General Plan Land Use Designations and open space and park system, and are revenue neutral and cover all costs for public infrastructure, public facilities, and public services on an ongoing basis consistent with the requirements of ED-5-b. Policy PU-3-h calls for developing annexation strategies to include the appropriate rights-of-way and easements necessary to provide cost effective emergency services. Development Permit Application No. P23-00149 will be required to pay their fair and proportional share of needed community improvements through impact fees, assessment districts, and other mechanisms when future development is proposed within the annexation area, including annexation into Community Facilities District (CFD) No. 9 providing for long term maintenance services. CFD No. 9 applies to projects associated with all new commercial, industrial and multi-family developments, and would only apply to the area proposed for development, and not to the already developed parcels subject to annexation under this application. Furthermore, required connections to City sewer and water, at such time as service is available to the applicable properties within the annexation area, will require the property owner to connect and pay all costs associated with those connections and not requiring the City to pay for the cost of those connections. Conditions of approval and mitigation measures assure the annexation area remains revenue neutral and will cover all costs for public infrastructure, public facilities, and public services on an ongoing basis consistent with the requirements of Fresno General Plan Policy ED-5-b. The developer for P23-00149 will be required to pay applicable fees and develop the land according to the requirements for P23 -00149. Therefore, (1) No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project; (2) P23-00149 will fully fund public facilities and infrastructure as necessary to mitigate any impacts; (3) P23 -00149 will pay for public facilities and infrastructure improvements in proportion to the development’s neighborhood and citywide impacts; and, (4) P23 - 00149 will fully fund ongoing public facility and infrastructure maintenance and public service costs. Policy PU-3-h calls for developing annexation strategies to include the appropriate rights-of-way and easements necessary to provide cost effective emergency services. The proposed pre-zone will pre-zone approximately 15.95 acres of the subject property from the County of Fresno AL 20 (Limited Agricultural) zone district to the City of Fresno IH (Heavy Industrial) zone district; and approximately 35.77 acres of the subject property from the County AL 20 (Limited Agricultural) zone district to the City of Fresno IH/ANX (Heavy Industrial/Annexed Rural Residential Transitional Overly) zone district consistent with the existing underlying Employment – Industrial planned land use, as depicted on Figure LU-1 of the Fresno General Plan. The proposed project is not located within the area of influence under the Fresno County Airport Land Use Compatibility Plan (ALUCP). The proposed warehouse is not considered a hazardous use or structure for aviation that would conflict with the ALUCP requirements, therefore is compatible and consistent with the plan. The project as proposed complies with the Safety Criteria Matrix of the Fresno County Airport Land Use Compatibility Plan. Therefore, it is staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. Subject to compliance with future conditions of approval for development, the proposed project may be found consistent with all applicable local ordinances, regulations, policies and standards. C. Any applicable design guidelines adopted by the City Council. Finding C: The proposed project is subject to, and has been conditioned to comply with, all applicable design guidelines adopted in the General Plan by the City Council and the Site Design and Façade Design Development Standards under Chapter 15, Articles 13 of the Development Code for Employment Districts. D. Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required. Finding D: Annexation Application No. P21-05778 and Pre-zone Application No. P21-05870 will be consequently approved with Development Permit Application No. P23-03993. E. Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670—21679.5. Finding E: The proposed project is not located within the area of influence under the Fresno County Airport Land Use Compatibility Plan (ALUCP). The proposed warehouse is not considered a hazardous use or structure for aviation that would conflict with the ALUCP requ irements, therefore is compatible and consistent with the plan. The project as proposed complies with the Safety Criteria Matrix of the Fresno County Airport Land Use Compatibility Plan. June 17th, 2025 Fresno City Planning Commission City Hall Council Chamber, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721 Sent via email PublicCommentsPlanning@fresno.gov Dear Planning Commission, Leadership Counsel for Justice and Accountability (“LCJA”) submits this letter in opposition to the annexation application No. P21-005778, prezone application P21-05870, and development permit No. P23-00149, all three hereby referred to as “Project”. LCJA works alongside residents from South Central Fresno and other disadvantaged communities throughout the City bearing the brunt of the City’s land use decisions of siting industrial development near residential communities. Alongside residents of Southcentral, we have engaged extensively for more than five years in efforts to improve air quality, traffic concerns, and infrastructure development through the City’s land use planning processes including the development of the Southcentral Fresno Specific Plan. Residents of Southcentral Fresno are also part of the AB 617 Community Steering Committee working to address heavy truck traffic in their neighborhoods by identifying truck routes away from sensitive receptors such as Orange Central Elementary and places of worship. We strongly oppose this Project as approval of the Project will lead to an exacerbation of air quality impacts, traffic congestion and emissions from heavy truck traffic, and further strain on public infrastructure. Furthermore, we are concerned the Project description and Impact Analysis violates CEQA due to inconsistencies in the mitigated negative declaration. We urge the Commission to deny or delay the Project until the Project has undergone a full environmental review. 1. The Project Description and Impact Analysis Violate CEQA The MND fails to meet the requirements of CEQA because it includes inconsistencies that make the project description unstable and render its conclusions of impact significance indefensible. The project description is unstable and inaccurate The MND for the proposed project includes contradictory descriptions of the expected heavy truck trips rate, rendering the project description unstable and inaccurate. An initial study is required to include a project description. An “accurate, stable and finite” project description is the “sine qua non” of an environmental review document. (County of Inyo v. City of Los Angeles (1977) 71 Cal.App.3d 185 at 192.) A project description that meets these standards is necessary for evaluation of potential environmental impacts. Here, inconsistencies within the environmental document mean that the included project description fails to meet the informational standard required under CEQA. The project description included in the environmental checklist form for the project states “[t]he Project includes a total of approximately 84 truck trips per day (42 entering and 42 exiting) and 120 passenger vehicle trips per day (60 entering and 60 exiting).” (MND Appendix G, p.3.) This data appears to be consistent with the analysis included in the discussion of hazards and hazardous materials impacts. (Appendix G, Checklist Item IX.) However, in the discussion of transportation impacts, the truck trips are projected to be "approximately 126 per day” and the passenger vehicle trips as “approximately 180 per day.” (Appendix G, Checklist Item XVI(a).) These figures are in line with the technical data included to support the environmental review. (Emily Bowen, Air Quality, Health Risk, Greenhouse Gas, and Energy Technical Memorandum, November 13, 2024, p.2.) Thus, the vehicle trip estimates included in the project description vary substantially from figures included elsewhere in the document. The project description includes unsupported estimates of vehicle trips that are inconsistent with the included technical analysis, such that the document provides two possible estimates of vehicle trips, with the upper estimate 1.5 times the lower estimate. Because of the ambiguity that results from these inconsistencies, the project description is unstable and inaccurate. Without a stable, accurate project description of the vehicle trips associated with the buildout of the trucking facility, the IS/MND fails as an informational document and is in violation of CEQA requirements. Where, as in this case, an environmental document “precludes informed decisionmaking and public participation, the goals of CEQA are thwarted and a prejudicial abuse of discretion has occurred.” (Save Our Peninsula Committee v. Monterey County Bd. of Supervisors (2001) 87 Cal.App.4th 99 at 128.) Significance determinations are unsupported by the impact analysis As described above, the environmental document includes multiple estimates of projected project vehicle traffic. In addition to rendering the Project Description unstable and inaccurate, these inconsistencies undermine the conclusion of the environmental document that project impacts will be less than significant with mitigation implemented. A Mitigated Negative Declaration allows a lead agency to avoid the need to complete a full environmental impact report when the Initial Study prepared for the project “identifies potentially significant effects on the environment” but also identifies revisions to the project to “mitigate the effects to a point where clearly no significant effect on the environment would occur” and “there is no substantial evidence…that the project, as revised, may have a significant effect on the environment.” (Pub. Res. Code § 21080(c)(2).) Here, the environmental document provides multiple estimates for the trip traffic that will result from the proposed project. The number of trips varies between sections of the Initial Study. In addition, the discussion of potential air quality impacts does not specify what daily rate of trips is employed in the analysis of health impacts to support its conclusions. This is despite the fact that the Initial Study concludes that there would be a significant impact under Checklist Item III(c), due to exposure of sensitive receptors to substantial pollutant concentrations. (Appendix G, Checklist Item III.) The Initial Study states that implementation of MM AIR-1 would reduce this impact to less than significant level, but MM AIR-1 only pertains to construction emissions, not operational emissions. Because of the ambiguity surrounding the vehicle trips per day, it is possible that the operational emissions of the project are greater than what is reflected in the discussion of Item III(c). As a result, it is not certain that MM AIR-1 would actually mitigate the significant impact under Checklist Item III(c) to a less than significant impact. Therefore, the MND cannot be shown to meet the requirements of section 21080(c)(2). Further, the Transportation section of the Initial Study references an Institute of Transportation Engineers (ITE) trip generation manual for the estimated daily truck trip rate. The ITE code used is 30, for an “intermodal truck terminal.” (Appendix G, Table 20.) The analysis does not specify why this code was selected as opposed to other possibly relevant ITE codes, like those for warehouses or parcel fulfillment centers. The discussion also fails to support the inclusion of the rate selected for ITE code 30 (1.97) as opposed to other possible rates included in ITE data sources. (See ITE Trip Generation Data Plots - Modal, 000s - Port and Terminal - Modal Data Plots 1, showing average rate 2.14 for ITE code 30, available at: https://www.ite.org/tripgenappendices/.) This section also references that trip estimates were based on “information provided by the Project applicant,” without further specificity. (Appendix G, Checklist Item XVII(a).) Despite the ambiguities included in this section of the checklist as to the assumptions of truck traffic, the Initial Study finds that there would be no significant impact with mitigation incorporated. Because the assumptions underlying the analysis are ambiguous, it is not clear that the mitigation would be sufficient to reduce the effect of the project on the environment. Other inconsistencies In addition to the above inconsistencies, which result in substantial ambiguity about the assumptions that underlie the impact analysis and thus make it unclear whether the identified mitigation measures will actually achieve a reduction in the project’s effect on the environment, the environmental document also includes contradictory statements under Checklist Item X - Hydrology and Water Quality. For Checklist Item X(b), it describes the impact as less than significant with mitigation incorporated. However, the discussion of that item states the impact would just be less than significant, and does not describe any mitigation. For Checklist Item X(c), there is no impact indicated in the table at the start of the section. Lastly, the analysis should include an analysis of impacts on sensitive receptors including Orange Central Elementary, places of worship, and adjacent disadvantaged unincorporated community as directed to by the District 3 Project Review Committee in 2023. 2. Findings For Annexation Approval is Inaccurate According to the Fresno Municipal Code, annexations shall not be approved unless all criteria as listed in Section 15-6104 are met. Staff finds that “No Disadvantaged Unincorporated Communities are identified adjacent or within the vicinity of the proposed annexation boundary” for Section 15-6104 Annexation Criteria D1. The finding is inaccurate as the proposed annexation site is within the City of Fresno’s sphere of influence and is adjacent and contiguous to the disadvantaged unincorporated community (“DUC”) on Cherry Ave and E. Central Ave. The DUC begins with a small cluster of homes directly adjacent to the Project site and in front of the Orange Central Elementary which are in close proximity to homes on E. Daleville Ave and E. Central Ave2. See exhibit A. The DUC will be heavily impacted as Cherry Ave is used by truck traffic to enter the facilities. Before moving forward with the Project, staff should comply with Section 15-6104 of the City’s municipal code and partner with the community to determine support for annexation and coordinate terms for a potential annexation process. Exhibit A 2 Addresses for small cluster of residential parcels include: 3081 S. Chery Ave, 3085 S. Cherry Ave., 3097 S. Cherry Ave. 3103 . Cherry Ave., 3121 S. Cherry Ave., and 3133 S. Cherry Ave. 1 Fresno City Municipal Code Section 15-6104 https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH15CIDECOINRE_PTVA DPE_ART61COPLPNIAN_S15-6104ANCR . 3. The City Must Engage the Community of Southcentral Fresno and Adopt the Southcentral Fresno Specific Plan Before Continuing with Project consideration. The City of Fresno must ensure to communicate and collaborate with the community of Southcentral Fresno for the Project. The community of Southcentral Fresno was not informed about the consideration of the Project despite its introduction in 2021 and despite direction from the District 3 Project Review Committee to have better stakeholder engagement notice with a 3,000-foot radius buffer3. According to Exhibit J the last time the Project was discussed with the community was February 18th 2021, four years from now. The Staff report does not indicate if Staff followed through with the 3,000-foot radius buffer. We urge the Commission to delay consideration of the Project until notification with a 3,000-foot radius buffer for the Project has been completed and the community has had an opportunity to raise concerns and guide mitigation. Since the introduction of the project the community of Southcentral Fresno and the AB 617 Community Steering Committee has worked on the development of the Southcentral Specific Plan (SCSP) and the Southcentral Truck Reroute Study. The City should delay the Project until the adoption of the SCSP to ensure future development reduces impacts on the environment and improves the quality of life for residents. Moreover, the Project should be delayed until the SCSP “Good Neighbor” policies and buffering requirements are established to ensure neighboring uses collaborate with residents and impacts are mitigated through buffering. 4. Adoption of the Project is inconsistent with the City’s duty to Affirmatively Further fair Fair Housing and the Fair Employment and Housing Act. The impacts of industrialization and polluting land uses in Southcentral are extensively documented and known by the City of Fresno. It is very clear that the City’s land use decisions have detrimentally impacted the community leading to high cumulative pollution burden. In approving this Project, the City may violate their duty to affirmatively further fair housing which includes avoiding land use patterns which continue to negatively impact disadvantaged communities and communities of color. Given the Project’s location and likely significant adverse impacts in disproportionately pollution burden community of color, it is essential not only from a CEQA perspective that the City analyze and fully mitigate the Project’s impacts on housing, but it is also necessary in order for the City to comply with its duty to affirmatively furthering fair housing and not take any action that is materially inconsistent with that duty. Gov. Code § 8899.50. 3 Fresno District 3 Project Review Committee Minutes, March 28th, 2023. Moreover, the Fair Employment and Housing Act (“FEHA”) prohibits any public or private land use practices, which include any single act or omission, that intentionally discriminate or that has a discriminatory effect without a legally sufficient justification. 2 C.C.R.§ 12161. A legally sufficient justification exists for a discriminatory effect resulting from a public agency’s land use practice only when there is no feasible alternative practice that would equally or better accomplish a substantial, legitimate non-discriminatory purpose, and other factors are met. 2 C.C.R. § 12062(b). Land use practices that may result in unlawful discriminatory effect under FEHA may include the siting of toxic, polluting or hazardous land uses in a manner that adversely impacts housing opportunities. 2 C.C.R. § 12161. In approving the Project, the City is at risk of violating the Fair Employment and Housing Act as its land use decisions continue to create disparate and discriminatory effects on protected classes. We strongly urge the Commission to oppose or deny the Project until the Project has undergone a full environmental analysis and until the Southcentral Specific Plan has been adopted. Respectfully, Seth Alston Staff Attorney Leadership Counsel for Justice and Accountability APPLICANT’S NAME: (Submit with Application) 396342.1 THIS FORM IS A PUBLIC RECORD LEVINE ACT DISCLOSURE STATEMENT FOR LICENSES, PERMITS, OR OTHER ENTITLEMENTS FOR USE (DEVELOPMENT) Background: California Government Code § 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any proceeding concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”) if they receive campaign contribution(s) from a Party or Participant to the proceeding, or their Agents, totaling more than $500 in the preceding 12 months. The Levine Act also prohibits City Officers from accepting, soliciting, or directing campaign contributions over $500 from Parties or Participants to a proceeding, or in any amount by their Agents, while a proceeding is pending and for 12 months following the final decision in a proceeding. See definitions of Party, Participant, and Agent in the Definitions attached. Levine Act requirements apply when the City Officer or the body of which they are a member has the authority to make any decision or recommendation in the proceeding . City Officers include City elected or appointed officers, their alternates, and any candidate for elective office. City Officers are listed at the following sites: •City elected officers - https://www.fresno.gov/cityofficials/ •Board members and Commissioners - https://www.fresno.gov/cityclerk/#boards-&- commission- application Parties are responsible for reviewing and disclosing on the record of a proceeding their and their Agent’s campaign contributions to City Officers over $500 in the 12 months preceding any decision rendered by the agency. A “Party” to a proceeding means the applicant as well as the subject of the proceeding. Both the applicant and the subject of a proceeding are required to provide information about campaign contributions to City Officers made by them, their Agents on behalf of them or their organization(s), their organization(s) subject to the proceeding with the City, and any organization they direct or control pursuant to the aggregation rules set forth by FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. When a closed corporation is a Party or Participant to a proceeding subject to the Levine Act, the majority shareholder is subject to the disclosure and prohibition requirements of the Levine Act. DISCLOSURES Applicants and subjects of proceedings are responsible for reviewing the names of the City Officers and aggregation rules linked above prior to making the following disclosures: FOR THE APPLICANT: Have you or your company, or any Agent on behalf of you or your company, or any organization you direct or control, made campaign contributions of more than $500 to a City Officer in the 12 months preceding the date of the submission of your bid or proposal, or the anticipated date of any action by a City Officer related to this proceeding? YES: NO: If yes, please identify the City Officer(s), Contributing Entity and if they are a Party or an Agent, and date(s) of contribution(s) in the spaces below: City Officer(s) Name(s) Contributing Entity Date(s) of Contribution(s) ___________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Crown Enterprises, LLC X APPLICANT’S NAME: (Submit with Application) 396342.1 FOR THE ENTITY OR PERSON THAT IS THE SUBJECT OF PROCEEDING: Have you or your company, or any Agent on behalf of you or your company, or any organization you direct or control, made campaign contributions of more than $500 to a City Officer in the 12 months preceding the date of the submission of your bid or proposal, or the anticipated date of any action by a City Officer related to this proceeding? YES: NO: If yes, please identify the City Officer(s), Contributing Entity and if they are a Party or an Agent, and date(s) of contribution(s) in the spaces below: City Officer(s) Name(s) Contributing Entity Date(s) of Contribution(s) ___________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Answering yes to the question above does not preclude the City of Fresno from awarding a license, permit, or contract or taking any subsequent action related to the proceeding. ENTITY OWNERSHIP To facilitate City Officials’ compliance with the Levine Act, the City requests Parties (both applicants and subjects of the proceeding) disclose the ownership of their companies or entities they control. Applications will not be denied if this information is not provided, but the disclosure above is legally required. Name of Applicant: Address: List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors, and all stockholders owning more than 10% equity interest in corporation: _____________________________________________________________________________ x Crown Enterprises, LLC Crown Enterprises, LLC 12225 Stephens Road, Warren, MI 48089 N/A - Not a closed corporation File #:ID 25-1059 Agenda Date:8/14/2025 Agenda #: release of the Municipal Service Center and amendment of the 2017 Master Facilities Lease and Master Facilities Sublease relating to the Fresno Joint Power Authority lease revenue bonds. EXECUTIVE SUMMARY The City of Fresno is seeking to obtain financing for the construction and improvements of various Public Safety Facilities (as detailed below). Staff are requesting that the Fresno Joint Powers Financing Authority authorize, and the City of Fresno approve, the issuance and sale of lease revenue bonds, Series 2025, for this purpose in an amount not to exceed an aggregate of $60 million. The new bonds will have a true interest cost not to exceed 5.50 percent and will mature no later than April 1, 2055. Staff also recommend authorization, execution and delivery of all documents, and the taking of all necessary actions relating to the financing. BACKGROUND Through previous Council action, the City of Fresno has executed a series of activities aimed at improving and providing state-of-the-art facilities to support public safety services for the community. Financing proceeds will be utilized to construct a new Fire Station No. 12, a new 911 Emergency Call Center and capital improvements to a new Police Headquarters. On June 13, 2024, Council adopted Resolution 2024-119 declaring the official intent to use proceeds of future indebtedness to reimburse the City for certain expenditures related to the construction of a new Fire Station No. 12. Subsequently, on February 27, 2025, a construction contract was awarded to Solpac Construction Inc. dba Soltek Pacific Construction Company of San Diego, California for the Fire Station No. 12 project. Fire Station No. 12 will be located at Ashlan Avenue and Valentine Avenue and will be significantly larger than the existing station located at 2874 West Acacia Avenue, helping the Fire Department meet incident response time objectives and provide essential emergency services to the growing northwest portion of Fresno. The 15,842 square foot, single-story building will contain four bays for fire apparatus, turnout and equipment rooms, living quarters, recreation space, office space for 11 personnel, and a public lobby. On April 10, 2025, Council adopted Resolution 2025-89 declaring the official intent to use proceeds of future indebtedness to reimburse the City for certain expenditures related to the construction of a new 911 Emergency Call Center and to award a construction contract to Solpac Construction, Inc. dba Soltek Pacific Construction Company of San Diego, California. The 911 Emergency Call Center will help the Police Department meet the performance goal of answering 90% of all calls within 15 seconds by providing space for additional phone and radio operators. The 12,072-square-foot building will be located on a 1.25-acre project site in the eastern portion of the City’s Municipal Service Center. The 911 Emergency Call Center will consist of a single -story building with a large call center space, office space for managers and supervisors, a conference room, a training room, breakrooms, restrooms, an exercise and fitness room, a server room, an electrical room, and an outdoor courtyard. The 911 Emergency Call Center will be operational 24 hours a day, every day of the calendar year, and will be operated and maintained by the Fresno Police Department. Operation of the 911 Emergency Call Center will involve transferring certain existing operations from the police department. City of Fresno Printed on 8/19/2025Page 2 of 4 powered by Legistar™ File #:ID 25-1059 Agenda Date:8/14/2025 Agenda #: Lastly, the City intends to enter into a lease agreement with an option to purchase a facility for a new Police Headquarters. Located at 2314 Mariposa Street, the three-story building offers 63,035 square feet with a basement area and parking. The facility will be utilized as the Police Department Headquarters through relocation from the current facility. Financing proceeds will be utilized for interior buildouts and other tenant improvements for the facility. The projects will be financed through the issuance of Lease Revenue Bonds, secured by a master lease agreement with the bond maturity occurring on April 1, 2055. Staff anticipates selling the bonds in August, with a close of the sale by mid-September. The authorizing resolution includes an exhibit summarizing good faith estimates, reflecting current market conditions, of the true interest cost, net proceeds and total debt service payments related to the bonds. The construction of the 911 Emergency Call Center will require the release of the Municipal Service Center, currently subject to the City’s existing Master Lease securing bonds previously issued by the Authority. Resolutions of the City and the Authority would authorize amendments to existing Master Lease documents necessary to effectuate that release. The City’s internal financing team is supported by external professionals rounding out the team comprised by staff from Orrick in the role of Bond Counsel, ArentFox Schiff as Disclosure Counsel, KNN Public Finance as Municipal Advisor and Loop Capital Markets serving as Underwriter for the 2025 Bonds. ENVIRONMENTAL FINDINGS This item is not a project of the City of Fresno and as such, the California Environmental Quality Act requirements are not applicable. LOCAL PREFERENCE Local preference was not considered because the resolutions do not include a bid or award of a construction or service contract. FISCAL IMPACT Annual debt service is currently estimated in the range of $3.85 million to $3.95 million, with approximately 51% funded from Police and Fire impact fees, and 49% funded from the General Fund. Annual debt service is subject to changes in market conditions prior to the day of sale and will adjust as a result. Debt service payments commence October 1, 2029. Attachments: City Council Resolution - Authorizing Issuance Joint Powers Financing Authority Resolution - Authorizing Issuance Good Faith Estimates Master Facilities Lease Master Facilities Sublease Master Trust Agreement City Council Resolution - Master Lease Release City of Fresno Printed on 8/19/2025Page 3 of 4 powered by Legistar™ File #:ID 25-1059 Agenda Date:8/14/2025 Agenda #: Joint Powers Financing Authority - Master Lease Release Amendment to Master Facilities Lease Amendment to Master Facilities Sublease Consent of Bond Insurer City Certificate Continuing Disclosure Certificate Bond Purchase Agreement Preliminary Official Statement City of Fresno Printed on 8/19/2025Page 4 of 4 powered by Legistar™ GOOD FAITH ESTIMATES Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025A Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable) The following information was obtained from KNN Public Finance, LLC, as the municipal advisor of the bonds defined above (the “Bonds”), for consideration prior to the authorization in the foregoing Resolution of the proposed Bonds: 1. True Interest Cost of the Bonds. Assuming an aggregate principal amount of the Bonds in the amount of $56,215,000 is sold to effectuate the financing (together with an estimated $2,120,797 received in original issue premium) and based on market interest rates prevailing at the time of preparation of this information, a good faith estimate of the true interest cost of the Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Bonds, is 5.05%. 2. Finance Charge of the Bonds. Assuming such a principal amount of the proposed Bonds is sold and based on market interest rates prevailing at the time of preparation of this information, a good faith estimate of the Finance Charge of the Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with the issuance of the Bonds), is $1,484,944. 3. Amount of Proceeds to be received. Assuming such aggregate principal amount of the proposed Bonds required to effectuate the financing is sold and based on market interest rates prevailing at the time of preparation of this information, a good faith estimate of the amount of proceeds expected to be received by the issuer for sale of the Bonds less the Finance Charge of the Bonds described in 2 above and any reserves or capitalized interest paid or funded with proceeds of the Bonds, is $46,905,664. 4. Total Payment Amount. Assuming such aggregate principal amount of the proposed Bonds ($56,215,000) are sold and based on market interest rates prevailing at the time of preparation of this information, a good faith estimate of the total payment amount, which means the sum total of all payments the issuer will make to pay debt service on the Bonds plus the Finance Charge of the Bonds described in paragraph 2 above not paid with the proceeds of the Bonds, calculated to the final maturity of the Bonds, is $115,773,822 (or $105,276,011 net of interest paid from proceeds of the Bonds). Attention is directed to the fact that the foregoing information constitutes good faith estimates only. The actual interest cost, finance charges, amount of proceeds and total payment amount may vary from the estimates above due to variations from these estimates in the timing of Bond sales, the amount of Bonds sold, the amortization of the Bonds sold and market interest rates at the time of each sale. The date or dates of sale and the amount of Bonds sold will be determined by the issuer based on need for funds and other factors. The actual interest rates at which the Bonds will be sold will depend on the bond market at the time of sale. The actual amortization of the Bonds will also depend, in part, on market interest rates at the time of each sale. Market interest rates are affected by economic and other factors beyond the issuer’s control. OH&S DRAFT 7/29/25 OHSUSA:260390232.5 MASTER FACILITIES LEASE This Master Facilities Lease, dated as of September 1, 2025 (the “Facilities Lease”), by and between the CITY OF FRESNO, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the “City”), as lessor, and the FRESNO JOINT POWERS FINANCING AUTHORITY, a public entity and agency, duly organized and existing pursuant to an Agreement entitled “Joint Exercise of Powers Agreement by and between the City of Fresno and the Redevelopment Agency of the City of Fresno” (the “Authority”), as lessee; W I T N E S S E T H: WHEREAS, the Authority is a joint exercise of powers authority duly organized and operating pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California; WHEREAS, Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorizes and empowers the Authority to issue bonds to assist local agencies in financing or refinancing projects and programs consisting of certain public improvements or working capital or liability and other insurance needs whenever a local agency determines that there are significant public benefits from so doing; WHEREAS, the Authority is empowered pursuant to the aforementioned Article 4 to issue its bonds and to apply the proceeds thereof to assist the City in financing or refinancing various capital improvements (the “Projects”); WHEREAS, to finance certain capital improvement projects, Lease Revenue Bonds (Public Safety Projects), Series 2025A and Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable) (collectively, the “Series 2025 Bonds”), shall be issued pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of State of California and pursuant to the Master Trust Agreement (the “Trust Agreement”), dated as of September 1, 2025, by and between the Authority and The Bank of New York Trust Company, N.A., as trustee; WHEREAS, the City intends to lease the Facilities (as hereinafter defined) to the Authority pursuant to this Facilities Lease, and the Authority intends to lease the Facilities back to the City by a lease, entitled “Master Facilities Sublease” and dated as of September 1, 2025 (the “Facilities Sublease”); and WHEREAS, under the Facilities Sublease, the City will be obligated to make base rental payments to the Authority for the Facilities Lease of the Facilities, which base rental payments shall be applied to pay the principal of and interest on the Series 2025 Bonds; and WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Trust Agreement; and -2- OHSUSA:260390232.5 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED as follows: Section 1. Lease of Facilities. The City hereby leases to the Authority and the Authority hereby hires from the City, on the terms and conditions set forth herein, the real property and improvements thereon described in Exhibit A attached hereto and made a part hereof, as such real property descriptions may be amended or modified, including removal or substitution or addition of property in accordance with this Facilities Lease, the Facilities Sublease and the Trust Agreement, subject to Permitted Encumbrances (collectively, the “Facilities”). The Facilities initially consist of Parking Garage No. 8, Fire Station No. 18, and the Southeast Police Substation as identified in Exhibit A hereto. “Permitted Encumbrances” means (1) liens for Federal and State taxes and assessments not yet delinquent; (2) effect of this Facilities Lease and the Facilities Sublease, including any amendments thereto; (3) zoning laws, ordinances and regulations; (4) effect of all deeds and deed limitations described in the Title Policy; (5) easements, encumbrances, rights of way, mineral rights, drilling rights, and other rights, reservations, covenants, conditions or restrictions that exist of record as of the date of recordation of this Facilities Lease in the office of the County Recorder; (6) any right or claim of any mechanic, laborer, materialman, supplier or vendor not filed or perfected in the manner prescribed by law; (7) easements, rights of way, mineral rights, drilling rights and other rights, reservations, covenants, conditions or restrictions that will not materially impair the use of the Facilities; and (8) all matters which would be revealed by an accurate survey of the Facilities. Section 2. Term. The term of this Facilities Lease shall commence on the date that this Facilities Lease is recorded in the office of the County Recorder of Fresno County, State of California, or on _______ 1, 20__, whichever is earlier, and shall end on April 1, 2055 with respect to Parking Garage No. 8, April 1, 2055 with respect to Fire Station No. 18, and April 1, 2055 with respect to the Southeast Police Substation (the “Expiry Dates”) unless such term is extended or sooner terminated as hereinafter provided. If on each Expiry Date, the Base Rental Payments payable by the City attributable to the related Facilities and all other amounts due under the Trust Agreement and under the Facilities Sublease with respect to such Facilities shall not be fully paid, or if the Base Rental Payments or other amounts payable under the Facilities Sublease with respect to such Facilities (including any Additional Payments) shall have been abated at any time and for any reason or shall not have been fully paid, then the term of this Facilities Lease with respect to such Facilities shall be extended until ten days after the Base Rental Payments attributable to such Facilities and all other amounts due under the Trust Agreement and the Facilities Sublease with respect to such Facilities shall be fully paid, except that the term of this Facilities Lease as to the respective Facilities shall in no event be extended beyond ten (10) years after such respective Expiry Date. If prior to such Expiry Date, the Base Rental Payments attributable to the related Facilities and all other amounts then due under the Facilities Sublease with respect to such Facilities shall be fully paid, the term of this Facilities Lease with respect to such Facilities shall end ten (10) days thereafter or ten (10) days after written notice by the City to the Authority of such event, whichever is earlier. -3- OHSUSA:260390232.5 Section 3. Rental. The Authority shall pay to the City as and for rental hereunder the sum of $_________, which amount shall be applied as set forth in a Written Request of the Authority delivered pursuant to Section 2.11 of the Trust Agreement. Section 4. Purpose. The Authority shall use the Facilities solely for the purpose of subleasing the Facilities to the City pursuant to the Facilities Sublease and for such purposes as may be incidental thereto; provided, that in the event the City defaults under the Facilities Sublease the Authority may exercise the remedies provided in the Facilities Sublease. Section 5. Warranties of the City. The City covenants and warrants to the Authority: That the City has good and marketable title to the Facilities, has good authority to enter into, to execute and to deliver this Facilities Lease and the Facilities Sublease, and has duly authorized the execution and delivery of this Facilities Lease and the Facilities Sublease; That Facilities are not subject to any dedication, easement, right of way, reservation in patent, covenant, condition, restriction, lien or encumbrance which would prohibit or materially interfere with the financing as contemplated by the Facilities Sublease; That all taxes, assessments, or impositions of any kind with respect to the Facilities, except current taxes, have been paid in full; and That the Facilities are properly zoned for their intended purposes. Section 6. Warranties of the Authority. The Authority covenants and warrants to the City that the Authority has the power and authority to enter into and deliver the Facilities Sublease, this Facilities Lease and the Trust Agreement, and to perform all of its duties and obligations thereunder, and has duly authorized the execution and delivery of this Facilities Lease, the Facilities Sublease and the Trust Agreement. The Authority will record this Facilities Lease to secure its interest hereunder. Section 7. Assignments and Subleases. Unless the City shall be in default under the Facilities Sublease, the Authority may not assign its rights under this Facilities Lease (except to the Trustee pursuant to the Trust Agreement) or sublet the Facilities, without the prior written consent of the City [and the Series 2025 Bond Insurer]. -4- OHSUSA:260390232.5 Section 8. Right of Entry; Easements. The City reserves the right for any of its duly authorized representatives to enter upon the Facilities at any reasonable time to inspect the same or to make any repairs, improvements or changes necessary for the preservation thereof. Section 9. Termination. The Authority agrees, upon the termination of this Facilities Lease, to quit and surrender the Facilities in the same good order and condition as the same were in at the time of commencement of the term hereunder, reasonable wear and tear excepted, and agrees that any permanent improvements and structures existing upon the Facilities at the time of the termination of this Facilities Lease shall remain thereon and title thereto shall remain in the City. Upon the exercise of the option to purchase the Authority’s interest in the Facilities set forth in Section 7.03 of the Facilities Sublease and payment of the option price required by said section the term of this Facilities Lease shall terminate as to the part of the Facilities so purchased. Section 10. Default. If the Authority defaults in the performance of any obligation under the terms of this Facilities Lease, and the default continues for thirty (30) days following the City’s notice and demand for correction thereof to the Authority, the City may exercise any and all remedies granted by law, except that no merger of this Facilities Lease and of the Facilities Sublease shall be deemed to occur as a result thereof; provided, however, that the City shall have no power to terminate this Facilities Lease by reason of any default on the part of the Authority if such termination would affect or impair any assignment or sublease of all or any part of the Facilities then in effect between the Authority and any assignee or subtenant of the Authority (other than the City under the Facilities Sublease). So long as any such assignee or subtenant of the Authority shall duly perform the terms and conditions of this Facilities Lease and of its then existing sublease (if any), such assignee or subtenant shall be deemed to be and shall become the tenant of the City hereunder and shall be entitled to all of the rights and privileges granted under any such assignment; provided, further, that so long as any Bonds are outstanding and unpaid in accordance with the terms thereof, the rentals or any part thereof payable to the Trustee shall continue to be paid to the Trustee. Section 11. Quiet Enjoyment. The Authority at all times during the term of this Facilities Lease shall peaceably and quietly have, hold and enjoy all of the Facilities. Section 12. Waiver of Personal Liability. All liabilities under this Facilities Lease on the part of the Authority shall be solely liabilities of the Authority, as a public entity and agency, and the City hereby releases each and every member, director, officer, agent, or employee of the Authority of and from any personal or individual liability under this Facilities Lease. No member, director, officer, agent, -5- OHSUSA:260390232.5 or employee of the Authority shall at any time or under any circumstances be individually or personally liable under this Facilities Lease to the City or to any other party for any act or omission of the Authority hereunder. Section 13. Taxes. The City covenants and agrees to pay any and all assessments of any kind or character and also all taxes, including possessory interest taxes, levied or assessed upon the Facilities (including both land and improvements). Section 14. Eminent Domain. In the event the whole or any part of the Facilities is taken by eminent domain proceedings, the interest of the Authority shall be recognized and is hereby determined to be the amount of the then unpaid principal amount of the outstanding Bonds attributable to such part of the Facilities and shall be paid to the Trustee, and the balance of the award, if any, shall be paid to the City. Section 15. Partial Invalidity. If a court of competent jurisdiction declares any one or more of the terms, provisions, covenants or conditions of this Facilities Lease invalid, unenforceable, void or voidable for any reason whatsoever, the finding or order or decree of which becomes final, none of the remaining terms, provisions, covenants and conditions of this Facilities Lease shall be affected thereby, and each provision of this Facilities Lease shall be valid and enforceable to the fullest extent permitted by law. Section 16. Notices. All notices, statements, demands, consents, approvals, authorizations, offers, designations, requests or other communications hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if delivered personally or if mailed by United States registered or certified mail, return receipt requested, postage prepaid, and, if to the Authority, addressed to the Authority, Attention: City Manager, City Hall, 2600 Fresno Street, Fresno, California 93721, or if to the City, addressed to the City, Attention: City Manager, City Hall, 2600 Fresno Street, Fresno, California 93721, in either case with a copy to the City Controller at the same 2600 Fresno Street address, and a copy to the Trustee, or to such other addresses as the respective parties may from time to time designate by written notice. Section 17. Section Headings. All section headings contained herein are for reference only and are not intended to define or limit the scope of any provision of this Facilities Lease. Section 18. Amendments. The Authority and the City may at any time agree to the amendment of this Facilities Lease (with the prior written consent of the Series 2025 Bond Insurer); provided, -6- OHSUSA:260390232.5 however, that any such amendment shall only be made or effected in accordance with and subject to the terms of the Trust Agreement. Section 19. Execution. This Facilities Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Lease. It is also agreed that the Authority and the City may separately execute counterparts of this Facilities Lease with the same force and effect as though the City and the Authority had both executed each counterpart. -7- OHSUSA:260390232.5 IN WITNESS WHEREOF, the City and the Authority have caused this Facilities Lease to be executed by their respective duly authorized officers, all as of the day and year first above written. CITY OF FRESNO, Lessor By [Controller] Attest: City Clerk FRESNO JOINT POWERS FINANCING AUTHORITY, Lessee By [Controller] Attest: Secretary A-1 OHSUSA:260390232.5 EXHIBIT A DESCRIPTION OF FACILITIES All of that certain real property and improvements thereon situated in the City of Fresno, State of California, described as follows: Parking Garage No. 8 All of that certain real property and improvements thereon situated in the City of Fresno, State of California, described as follows: Parcel 1: APN ________________ Fire Station No. 18 All of that certain real property and improvements thereon situated in the City of Fresno, State of California, described as follows: Parcel 2: APN ________________ Southeast Police Substation All of that certain real property and improvements thereon situated in the City of Fresno, State of California, described as follows: Parcel 3: APN ________________ OHSUSA:260390232.5 Recording requested by and return to: CITY OF FRESNO c/o Orrick, Herrington & Sutcliffe LLP The Orrick Building 405 Howard Street San Francisco, California 94105 Attention: Steffi Chan, Esq. RECORDING OF THIS DOCUMENT IS EXEMPT FROM ANY FEES CHARGED BY THE RECORDER MASTER FACILITIES LEASE between the CITY OF FRESNO and FRESNO JOINT POWERS FINANCING AUTHORITY Dated as of September 1, 2025 TABLE OF CONTENTS Page -i- OHSUSA:260390232.5 SECTION 1. LEASE OF FACILITIES ..................................................................... 2 SECTION 2. TERM .................................................................................................. 2 SECTION 3. RENTAL .............................................................................................. 3 SECTION 4. PURPOSE ............................................................................................ 3 SECTION 5. WARRANTIES OF THE CITY .......................................................... 3 SECTION 6. WARRANTIES OF THE AUTHORITY ............................................ 3 SECTION 7. ASSIGNMENTS AND SUBLEASES ................................................ 3 SECTION 8. RIGHT OF ENTRY; EASEMENTS ................................................... 4 SECTION 9. TERMINATION .................................................................................. 4 SECTION 10. DEFAULT ........................................................................................... 4 SECTION 11. QUIET ENJOYMENT......................................................................... 4 SECTION 12. WAIVER OF PERSONAL LIABILITY ............................................. 4 SECTION 13. TAXES ................................................................................................. 5 SECTION 14. EMINENT DOMAIN .......................................................................... 5 SECTION 15. PARTIAL INVALIDITY .................................................................... 5 SECTION 16. NOTICES ............................................................................................. 5 SECTION 17. SECTION HEADINGS ....................................................................... 5 SECTION 18. AMENDMENTS ................................................................................. 5 SECTION 19. EXECUTION ....................................................................................... 6 EXHIBIT A DESCRIPTION OF FACILITIES ................................................... A-1 OH&S DRAFT 7/31/25 4148-9685-7176.10 MASTER FACILITIES SUBLEASE This Master Facilities Sublease, dated as of September 1, 2025 (the “Facilities Sublease”), by and between FRESNO JOINT POWERS FINANCING AUTHORITY (the “Authority”), a public entity and agency, duly organized and existing pursuant to an Agreement entitled “Joint Exercise of Powers Agreement” by and between the City of Fresno and the Redevelopment Agency of the City of Fresno, as lessor, and the CITY OF FRESNO (the “City”), a charter city and municipal corporation duly organized and validly existing under the Constitution and laws of the State of California, as lessee; W I T N E S S E T H: WHEREAS, the Authority, by issuing its Lease Revenue Bonds (Public Safety Projects) Series 2025A and its Lease Revenue Bonds (Public Safety Projects) Series 2025B (Federally Taxable) (collectively, the “Series 2025 Bonds”), intends to assist the City in financing certain capital improvement projects; WHEREAS, the Authority and the City desire that the City lease the Facilities (as hereinafter defined) to the Authority pursuant to the terms of the Master Facilities Lease, dated as of September 1, 2025, and for the Authority to lease the Facilities back to the City pursuant to the terms of this Facilities Sublease; WHEREAS, under this Facilities Sublease, the City will be obligated to make Base Rental Payments to the Authority for the sublease of the Facilities; NOW, THEREFORE, in consideration of the mutual covenants herein, the parties hereto agree as follows: ARTICLE I DEFINITIONS Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Facilities Sublease, have the meanings herein specified, which meanings shall be equally applicable to both the singular and plural forms of any of the terms herein defined. Capitalized terms not otherwise defined herein shall have the meanings assigned to such terms in the Trust Agreement. Additional Bonds The term “Additional Bonds” means bonds issued pursuant to Article III of the Trust Agreement. -2- 4148-9685-7176.10 Additional Payments The term “Additional Payments” means all amounts payable to the Authority or the Trustee or any other person from the City as Additional Payments pursuant to Section 3.02 hereof. Base Rental Payments The term “Base Rental Payments” means all amounts payable to the Authority from the City as Base Rental Payments pursuant to Section 3.01 hereof. Base Rental Payment Schedule The term “Base Rental Payment Schedule” means the schedule of Base Rental Payments attached hereto as Exhibit B. Bonds The term “Bonds” means the Series 2025 Bonds and all Additional Bonds. Continuing Disclosure Certificate The term “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate of the City dated the date of issuance and delivery of the Series 2025 Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Expiry Date The term “Expiry Date” means April 1, 2055 with respect to Parking Garage No. 8, April 1, 2055 with respect to the Fire Station No. 18, April 1, 2055 with respect to the Southeast Police Substation, or such other date or dates as set forth in an amendment or supplement to this Facilities Sublease. Event of Default The term “Event of Default” shall have the meaning specified in Section 6.01 hereof. Facilities The term “Facilities” means the real property and improvements thereon described in Exhibit A hereto as such property description may be amended or modified (including the release, addition or substitution of property as part of the Facilities), in accordance with Sections 2.03 of this Facilities Sublease, subject, however, to Permitted Encumbrances. Fire Station No. 18 The term “Fire Station No. 18” means the real property and improvements thereon described in Exhibit A hereto. -3- 4148-9685-7176.10 Lease The term “Lease” means the Master Facilities Lease, dated as of September 1, 2025, by and between the City and the Authority, as originally executed and recorded or as it may from time to time be supplemented, modified or amended pursuant to the provisions hereof and of the Trust Agreement. Parking Garage No. 8 The term “Parking Garage No. 8” means the real property and improvements thereon described in Exhibit A hereto. Permitted Encumbrances The term “Permitted Encumbrances” has the meaning given in Section 1 of the Lease. Restricted Properties The term “Restricted Properties” means all City improved and unimproved real property, classified by the Authority and City as Restricted Properties at the time such property is added to this Facilities Sublease, which classification has been based on the following: such property is improved and unimproved real property which was acquired by the City by dedication, gift, bequest, devise, transfer, condemnation, purchase or otherwise and which improved and unimproved real property is: (i) designated by the City, deed restriction, grant restriction, law or otherwise as a park or for park purposes and which improved and unimproved real property is used for park, recreation, public access, open space or similar purpose; (ii) designated by the City, deed restriction, law or otherwise as a historical park or historical site, or (iii) restricted or limited as to use or assignment by deed, recorded covenants, conditions and restrictions, contract, agreement, statutory or constitutional provisions or otherwise. Series 2025 Bonds The term “Series 2025 Bonds” means the Series 2025A Bonds and the Series 2025B Bonds. Series 2025A Bonds The term “Series 2025A Bonds” means the Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025A authorized by and at any time Outstanding pursuant to the Trust Agreement. Series 2025B Bonds The term “Series 2025B Bonds” means the Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable) authorized by and at any time Outstanding pursuant to the Trust Agreement. -4- 4148-9685-7176.10 Southeast Police Substation The term “Southeast Police Substation” means the real property and improvements thereon described in Exhibit A hereto. Sublease The term “Sublease” means this Master Facilities Sublease, as originally executed and recorded or as it may from time to time be supplemented, modified or amended pursuant to the provisions hereof and of the Trust Agreement. Tax-Exempt Bonds The term “Tax-Exempt Bonds” means the Series 2025A Bonds and any Additional Bonds on which the interest payable is excluded from gross income for federal income tax purposes. Trust Agreement The term “Trust Agreement” means the Master Trust Agreement, dated as of September 1, 2025, between the Authority and the Trustee, as originally executed and as it may from time to time be amended or supplemented by all Supplemental Trust Agreements executed pursuant to the provisions thereof. ARTICLE II SUBLEASE OF FACILITIES; TERM; SUBSTITUTION; RELEASE; ADDITION OF PROPERTY Section 2.01. Sublease of Facilities. The Authority hereby subleases to the City and the City hereby subleases from the Authority the Facilities, subject to Permitted Encumbrances. The City hereby agrees and covenants during the term of this Facilities Sublease that, except as hereinafter provided, it will use the Facilities for public and City purposes so as to afford the public the benefits contemplated by this Facilities Sublease. The Facilities Lease between the City and the Authority shall not effect or result in a merger of the City’s leasehold estate pursuant to this Facilities Sublease and the City’s fee estate as lessor under the Lease, and the Authority shall continue to have and hold a leasehold estate in said Facilities pursuant to the Lease throughout the term thereof and the term of this Facilities Sublease. As to said Facilities this Facilities Sublease shall be deemed and constitute a sublease. Section 2.02. Term; Occupancy. The term of this Facilities Sublease shall commence on the date this Facilities Sublease is recorded in the Office of the County Recorder, and shall end on the Expiry Date with respect to each Facility unless such term is extended or sooner terminated as hereinafter provided. If on each Expiry Date, the Base Rental Payments payable by the City attributable to the related Facilities and all other amounts due under the Trust Agreement and under this Facilities Sublease with respect to such Facilities shall not be fully paid, or if the Base Rental Payments or other amounts payable under this Facilities Sublease with respect -5- 4148-9685-7176.10 to such Facilities (including any Additional Payments) shall have been abated at any time and for any reason or shall not have been fully paid, then the term of this Facilities Sublease with respect to such Facilities shall be extended until ten (10) days after the Base Rental Payments attributable to such Facilities and all other amounts due under the Trust Agreement and the Facilities Sublease with respect to such Facilities shall be fully paid, except that the term of this Facilities Sublease as to the respective Facilities shall in no event be extended beyond ten (10) years after such respective Expiry Date. If prior to such Expiry Date, all Base Rental Payments attributable to the related Facilities and all other amounts then due under the Facilities Sublease with respect to such Facilities shall be fully paid, the term of this Facilities Sublease with respect to such Facilities shall end ten (10) days thereafter or ten (10) days after written notice by the City to the Authority, whichever is earlier. Section 2.03. Substitution, Release, Addition of Property. The City and the Authority may add, substitute or release real property and the improvements, buildings, fixtures and equipment thereon for all or a part of the Facilities for purposes of this Facilities Sublease and the Lease, including specifically, substituting Parking Garage No. 8 constituting a part of the Facilities hereunder with that certain real property and improvements thereon described as Fire Station No. 12 and the 911 Emergency Call Center, each constituting a portion of the Series 2025 Project under the Trust Agreement, following the construction thereof, but only after the City shall have filed or caused to be filed with the Authority and the Trustee the following: (i) Executed copies of the Lease and this Facilities Sublease or amendments thereto containing the amended description of the Facilities, including the legal description of the Facilities as may be modified, in proper recordable form. (ii) A Written Certificate of the City, evidencing that the annual fair rental value (which may be based on, but not limited to, the construction or acquisition cost or replacement cost of such facility to the City) of the Facilities that will constitute the Facilities after such addition, substitution or withdrawal will be at least equal to 100% of the maximum amount of Base Rental Payments becoming due in the then current fiscal year or in any subsequent fiscal year. At the sole discretion of the City, in the alternative, in the event of a substitution only, the Written Certificate of the City will evidence that the annual fair rental value of the new Facility is at least equal to that of the substituted Facility. (iii) With respect to an addition or substitution of property, a leasehold owner’s title insurance policy or policies or a commitment for such policy or policies or an amendment or endorsement to an existing title insurance policy or policies resulting in title insurance with respect to the Facilities after such addition or substitution in an amount at least equal to the aggregate principal amount of Bonds Outstanding; each such insurance instrument, when issued, shall name the Trustee as the insured, and shall insure the leasehold estate of the Authority in such property subject only to such exceptions as do not substantially interfere with the City’s right to use and occupy such property and as will not result in an abatement of Base Rental Payments payable by the City under this Facilities Sublease. (iv) A Written Certificate of the City stating that such addition, substitution or withdrawal, as applicable, does not adversely affect the City’s use and occupancy of the Facilities. -6- 4148-9685-7176.10 (v) With respect to the substitution of property, a Written Certificate of the City stating that the useful life of the property to be substituted is at least equal to the remaining term of this Sublease. (vi) An opinion of bond counsel stating that any amendment executed in connection with such addition, substitution or withdrawal, as the case may be, (i) is authorized or permitted under this Facilities Sublease; (ii) will, upon the execution and delivery thereof, be valid and binding upon the Authority and the City; and (iii) will not cause the interest on the Tax-Exempt Bonds to be included in gross income for federal income tax purposes. ARTICLE III BASE RENTAL PAYMENTS; USE OF PROCEEDS Section 3.01. Base Rental Payments. The City agrees to pay to the Trustee, as assignee of the Authority, as Base Rental Payments for the use and occupancy of the Facilities (subject to the provisions of Section 3.06 of this Facilities Sublease) annual rental payments in accordance with the Base Rental Payment Schedule attached hereto as Exhibit B and made a part hereof. Base Rental Payments with respect to the Facilities shall be calculated on an annual basis. Each Base Rental Payment installment shall be payable five (5) Business Days in advance of its due date. If the term of this Facilities Sublease shall have been extended, Base Rental Payment installments shall continue to be due on April 1 and October 1 in each year, continuing to and including the date of termination of this Facilities Sublease, and payable as hereinabove described, in an amount equal to the amount of Base Rental payable for the twelve-month period commencing on the April 2 preceding the Expiry Date. Section 3.02. Additional Payments. The City shall also pay such amounts (herein called the “Additional Payments”) as shall be required by the Authority for the payment of all costs and expenses incurred by the Authority (including, to the extent permitted by law, amounts payable pursuant to Section 10.16(9)(B) and Section 10.16(10) of the Trust Agreement) in connection with the execution, performance or enforcement of this Facilities Sublease or any assignment hereof, the Trust Agreement, the Lease, its interest in the Facilities and the lease of the Facilities to the City, including but not limited to payment of all fees, costs and expenses and all administrative costs of the Authority related to the Facilities, including, without limiting the generality of the foregoing, salaries and wages of employees, all expenses, compensation and indemnification of the Trustee payable by the Authority under the Trust Agreement, fees of auditors, accountants, attorneys or architects, and all other necessary administrative costs of the Authority or charges required to be paid by it in order to maintain its existence or to comply with the terms of the Bonds or of the Trust Agreement or hereof. [In addition, the City shall pay, subject to abatement under Section 3.02 hereof and without acceleration of Base Rental Payments, Additional Payments to the Authority to pay the charges, fees, costs and expenses set forth in Section [10.16] of the Trust Agreement.] Such Additional Payments shall be billed to the City by the Authority or the Trustee from time to time, together with a statement certifying that the amount billed has been paid by the -7- 4148-9685-7176.10 Authority or by the Trustee on behalf of the Authority, for one or more of the items above described, or that such amount is then payable by the Authority or the Trustee for such items. The City shall pay such amounts within thirty (30) days after receiving the bill. The City reserves the right to audit billings for Additional Payments although exercise of such right shall in no way affect the duty of the City to make full and timely payment for all Additional Payments. The Authority may in the future issue bonds and has entered into and may in the future enter into leases to finance facilities other than the Facilities. The administrative costs of the Authority shall be allocated among said facilities and the Facilities, as hereinafter in this paragraph provided. The fees of the Trustee under the Trust Agreement, and any other expenses directly attributable to the Facilities shall be included in the Additional Payments payable hereunder. The fees of any trustee or paying agent under any indenture securing bonds of the Authority or any trust agreement other than the Trust Agreement, and any other expenses directly attributable to any facilities other than the Facilities, shall not be included in the administrative costs of the Facilities and shall not be paid from the Additional Payments payable hereunder. In the event of any question or dispute as to such allocation, the written opinion of an independent firm of certified public accountants, employed by the Authority to consider the question and render an opinion thereon, shall be a final and conclusive determination as to such allocation. The Trustee may conclusively rely upon the Written Request of the Authority, in making any determination that costs are payable as Additional Payments hereunder. Section 3.03. Fair Rental Value. Such payments of Base Rental Payments for each rental period during the term of this Facilities Sublease shall constitute the total rental for said rental period and shall be paid by the City in each rental payment period for and in consideration of the right of use and occupancy of, and continued quiet use and enjoyment of, the Facilities during each such period for which said rental is to be paid. The parties hereto have agreed and determined that such total rental payable for each twelve-month period represents no more than the fair rental value of the Facilities for each such period. In making such determination, consideration has been given to costs of acquisition, design, construction and financing of the Facilities, other obligations of the parties under this Facilities Sublease, the uses and purposes which may be served by the Facilities, and the benefits therefrom which will accrue to the City and the general public. Section 3.04. Payment Provisions. The City shall pay each installment of rental payable hereunder in lawful money of the United States of America to or upon the order of the Authority at the corporate trust office of the Trustee in Los Angeles, California, or such other place as the Authority or Trustee shall designate. Any such installment of rental accruing hereunder which shall not be paid when due and payable under the terms of this Facilities Sublease shall bear interest at the rate of twelve percent (12%) per annum, or such lesser rate of interest as may be permitted by law, from the date when the same is due hereunder until the same shall be paid. Notwithstanding any dispute between the Authority and the City, the City shall make all rental payments when due without deduction or offset of any kind and shall not withhold any rental payments pending the final resolution of the dispute. The obligation of the City to pay Base Rental is an absolute and unconditional obligation, subject to the abatement of Base Rental Payments pursuant to Section 3.06 hereof. In the event of a determination that the City was not liable for said rental payments or any portion thereof, said payments or excess of payments, as the case may be, shall be credited against subsequent rental payments due hereunder or, at the City’s discretion, -8- 4148-9685-7176.10 shall be refunded at the time of such determination. Amounts, which the City is required to deposit with the Trustee pursuant to this Section on any date, shall be reduced to the extent of amounts on deposit in the Revenue Fund and available therefor. Rental is subject to abatement as provided in Section 3.06 hereof. Nothing contained in this Facilities Sublease shall prevent the City from making from time to time contributions or advances to the Authority for any purpose now or hereafter authorized by law, including the making of repairs to, or the restoration of, the Facilities in the event of damage to or the destruction of the Facilities. Section 3.05. Appropriations Covenant; Base Rental Payments and Additional Payments to Constitute a Current Expense of the City; No Pledge. The City covenants to take such action as may be necessary to include all such Base Rental Payments and Additional Payments due hereunder in its annual budgets, and to make necessary annual appropriations for all such Base Rental Payments and Additional Payments. The City will deliver to the Authority and the Trustee copies of the portion of each annual City budget relating to the payment of Base Rental Payments and Additional Payments hereunder within thirty (30) days after the filing or adoption thereof (which adoption occurs on or before June 30 each year). The covenants on the part of the City herein contained shall be deemed to be and shall be construed to be duties imposed by law, and it shall be the duty of each and every public official of the City to take such action and do such things as are required by law in the performance of the official duty of such officials to enable the City to carry out and perform the covenants and agreements in this Facilities Sublease agreed to be carried out and performed by the City. The Trustee shall not be responsible for reviewing the City budget. The Authority and the City understand and intend that the obligation of the City to pay Base Rental Payments and Additional Payments hereunder shall constitute a current expense of the City and shall not in any way be construed to be a debt of the City in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by the City, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the City. Base Rental Payments and Additional Payments due hereunder shall be payable only from current funds which are budgeted and appropriated or otherwise legally available for the purpose of paying Base Rental Payments and Additional Payments or other payments due hereunder as consideration for use of the Facilities. This Facilities Sublease shall not create an immediate indebtedness for any aggregate payments, which may become due hereunder in the event that the term of this Facilities Sublease is continued. The City has not pledged the full faith and credit of the City, the State of California or any agency or department thereof to the payment of the Base Rental Payments and Additional Payments or any other payments due hereunder. Section 3.06. Rental Abatement. The Base Rental Payments shall be abated during any period in which by reason of any damage or destruction (other than by condemnation which is hereinafter provided for) there is substantial interference with the use and occupancy of the Facilities by the City. The amount of such abatement will be such that the resulting Base Rental Payments do not exceed the lesser of (i) the amount necessary to pay the originally scheduled Base Rental Payments remaining unpaid and (ii) the fair rental value for the use and -9- 4148-9685-7176.10 possession of the Facilities not so damaged or destroyed. The City shall calculate such abatement and shall provide the Authority and the Trustee with a Certificate of the City setting forth such calculation and the basis therefor. Such abatement shall continue for the period commencing with the date of such damage or destruction and ending with the substantial completion of the work of repair or replacement of the Facilities so damaged or destroyed. ARTICLE IV MAINTENANCE; ALTERATIONS AND ADDITIONS Section 4.01. Maintenance and Utilities. During such time as the City is in possession of the Facilities, all maintenance and repair, both ordinary and extraordinary, of the Facilities shall be the responsibility of the City, which shall at all times maintain or otherwise arrange for the maintenance of the Facilities in first class condition, and the City shall pay for or otherwise arrange for the payment of all utility services supplied to the Facilities, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, ventilation, air conditioning, water and all other utility services, and shall pay for or otherwise arrange for payment of the cost of the repair and replacement of the Facilities resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereof or any other cause and shall pay for or otherwise arrange for the payment of all insurance policies required to be maintained with respect to the Facilities. In exchange for the rental herein provided, the Authority agrees to provide only the Facilities. Section 4.02. Changes to the Facilities. The City shall, at its own expense, have the right to remodel the Facilities or to make additions, modifications and improvements to the Facilities. All such additions, modifications and improvements shall thereafter comprise part of the Facilities and be subject to the provisions of this Facilities Sublease. Such additions, modifications and improvements shall not in any way damage the Facilities or cause it to be used for purposes other than those authorized under the provisions of state and federal law; and the Facilities, upon completion of any additions, modifications and improvements made pursuant to this Section, shall be of a value which is at least equal to the value of the Facilities immediately prior to the making of such additions, modifications and improvements. Section 4.03. Installation of City’s Equipment. The City and any sublessee may at any time and from time to time, in its sole discretion and at its own expense, install or permit to be installed other items of equipment or other personal property in or upon the Facilities. All such items shall remain the sole property of such party, in which neither the Authority nor the Trustee shall have any interest, and may be modified or removed by such party at any time provided that such party shall repair and restore any and all damage to the Facilities resulting from the installation, modification or removal of any such items. Nothing in this Facilities Sublease shall prevent the City from purchasing items to be installed pursuant to this Section under a conditional sale or lease purchase contract, or subject to a vendor’s lien or security agreement as security for the unpaid portion of the purchase price thereof, provided that no such lien or security interest shall attach to any part of the Facilities. -10- 4148-9685-7176.10 ARTICLE V INSURANCE Section 5.01. Fire and Extended Coverage Insurance. The City shall procure or cause to be procured and maintain or cause to be maintained, throughout the term of this Facilities Sublease, insurance against loss or damage to any structures constituting any part of the Facilities by fire and lightning, with extended coverage insurance, vandalism and malicious mischief insurance and sprinkler system leakage insurance. Said extended coverage insurance shall, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke and such other hazards as are normally covered by such insurance. Such insurance shall be in an amount equal to the replacement cost (without deduction for depreciation) of all structures constituting any part of the Facilities, excluding the cost of excavations, of grading and filling, and of the land except that such insurance may be subject to deductible clauses for any one loss of not to exceed two hundred fifty thousand dollars ($250,000). Such insurance may be part of a joint purchase insurance program. Should the Facilities be damaged or destroyed as a result of an event for which Federal or State disaster aid is available, the Authority and/or the City shall promptly apply for disaster aid. Any disaster aid proceeds received shall be used to repair, reconstruct, restore or replace the damaged or destroyed portions of the Facilities, or, at the option of the City and the Authority, to redeem Outstanding Bonds if permitted under the disaster aid program. As an alternative to providing the insurance required by the first paragraph of this Section, or any portion thereof, the City, may, provide a self-insurance method or plan of protection if and to the extent such self-insurance method or plan of protection shall afford reasonable coverage for the risks required to be insured against, in light of all circumstances, giving consideration to cost, availability and similar plans or methods of protection adopted by public entities in the State other than the City. Before such other method or plan may be provided by the City, and annually thereafter so long as such method or plan is being provided to satisfy the requirements of this Facilities Sublease, there shall be filed with the Trustee a certificate of an actuary, insurance consultant or other qualified person (who may be an employee of the City), stating that, in the opinion of the signer, the substitute method or plan of protection is in accordance with the requirements of this Section and, when effective, would afford reasonable coverage for the risks required to be insured against. There shall also be filed a certificate of the City setting forth the details of such substitute method or plan. In the event of loss covered by any such self- insurance method, the liability of the City with respect to the damaged portion of the Facilities shall be limited to the amounts in the self-insurance reserve fund or funds created under such method. Section 5.02. Title Insurance. The City shall obtain a leasehold owner’s policy or policies or a commitment for such policy or policies or an amendment or endorsement to an existing policy or policies resulting in title insurance with respect to the Facilities in an amount at least equal to the principal amount of the Bonds. Such insurance instrument, when issued, shall name the Trustee as the insured, and shall insure the leasehold estate of the Authority subject only to such exceptions as do not substantially interfere with the City’s right to use and occupy the -11- 4148-9685-7176.10 property and as will not result in an abatement of Base Rental Payments payable by the City under this Facilities Sublease. Section 5.03. Rental Interruption or Use and Occupancy Insurance. The City shall procure or cause to be procured and maintain or cause to be maintained throughout the term of this Facilities Sublease, rental interruption or use and occupancy insurance to cover loss, total or partial, of the rental income from or the use of the Facilities as the result of any of the hazards covered by the insurance required by Section 5.01 hereof, in an amount sufficient to pay the maximum annual Base Rental Payments hereunder for any two year period, except that such insurance may be subject to a deductible clause of not to exceed fifty thousand dollars ($50,000). Such insurance may be part of a joint-purchase insurance program. The provider of such insurance shall be rated at least “A-” by A.M. Best & Company, and the Trustee shall be the beneficiary of such insurance. Any proceeds of such insurance shall be payable to and used by the Trustee as provided in the Trust Agreement to pay principal of and interest on the Bonds for a period of time during which the payment of rental under this Facilities Sublease is abated, and any proceeds of such insurance not so used shall be applied as provided in Section 3.02 to the extent required for the payment of Additional Payments. The City may not self-insure for insurance required under this Section 5.03. Section 5.04. Worker’s Compensation. The City shall also maintain worker’s compensation insurance issued by a responsible carrier authorized under the laws of the State to insure its employees against liability for compensation under the Worker’s Compensation Insurance and Safety Act now in force in California, or any act hereafter enacted as an amendment or supplement thereto. As an alternative, such insurance may be maintained as part of or in conjunction with any other insurance carried by the City. Such insurance may be maintained by the City in the form of self-insurance. Section 5.05. Insurance Proceeds; Form of Policies. All policies of insurance required by this Facilities Sublease shall provide that the Trustee shall be given thirty (30) days notice of each expiration thereof or any intended cancellation thereof or reduction of the coverage provided thereby. The Trustee shall not be responsible for the sufficiency of any insurance herein required and shall be fully protected in accepting payment on account of such insurance or any adjustment, compromise or settlement of any loss agreed to by the Trustee. The City shall pay when due the premiums for all insurance policies required by this Facilities Sublease, and shall promptly furnish evidence of such payments to the Authority. The City will deliver to the Authority and the Trustee by July 31st in each year a written certificate of an officer of the City stating that such policies satisfy the requirements of this Facilities Sublease, setting forth the insurance policies then in force pursuant to this Section, the names of the insurers which have issued the policies, the amounts thereof and the property and risks covered thereby, and, if any self-insurance program is being provided, the annual report of an actuary, independent insurance consultant or other qualified person containing the information required for such self-insurance program and described in Sections 5.01 and 5.04 hereof. Delivery to the Trustee of the certificate under the provisions of this Section shall not confer responsibility upon the Trustee as to the sufficiency of coverage or amounts of such policies. If so requested in writing by the Trustee, the City shall also deliver to the Trustee certificates or duplicate originals or certified copies of each insurance policy described in such schedule. -12- 4148-9685-7176.10 ARTICLE VI DEFAULTS AND REMEDIES Section 6.01. Defaults and Remedies. (a) If the City shall fail to pay any rental payable hereunder when the same becomes due and payable, time being expressly declared to be of the essence of this Facilities Sublease, or the City shall fail to keep, observe or perform any other term, covenant or condition contained herein to be kept or performed by the City for a period of thirty (30) days after notice of the same has been given to the City by the Authority, or the Trustee or for such additional time as is reasonably required, in the sole discretion of the Trustee, to correct the same, but not to exceed 60 days, or upon the happening of any of the events specified in subsection (b) of this Section (any such case above being an “Event of Default”), the City shall be deemed to be in default hereunder, and it shall be lawful for the Authority to exercise any and all remedies available pursuant to law or granted pursuant to this Facilities Sublease. Upon any such default, the Authority, in addition to all other rights and remedies it may have at law, shall have the option to do any of the following: (1) To terminate this Facilities Sublease in the manner hereinafter provided on account of default by the City, notwithstanding any re-entry or re-letting of the Facilities as hereinafter provided for in subparagraph (2) hereof, and to re-enter the Facilities and remove all persons in possession thereof and all personal property whatsoever situated upon the Facilities and place such personal property in storage in any warehouse or other suitable place located within the City. In the event of such termination, the City agrees to surrender immediately possession of the Facilities, without let or hindrance, and to pay the Authority all damages recoverable at law that the Authority may incur by reason of default by the City, including, without limitation, any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re-entry upon the Facilities and removal and storage of such property by the Authority or its duly authorized agents in accordance with the provisions herein contained. Neither notice to pay rent or to deliver up possession of the Facilities given pursuant to law nor any entry or re-entry by the Authority nor any proceeding in unlawful detainer, or otherwise, brought by the Authority for the purpose of effecting such re-entry or obtaining possession of the Facilities nor the appointment of a receiver upon initiative of the Authority to protect the Authority’s interest under this Facilities Sublease shall of itself operate to terminate this Facilities Sublease, and no termination of this Facilities Sublease on account of default by the City shall be or become effective by operation of law or acts of the parties hereto, or otherwise, unless and until the Authority shall have given written notice to the City of the election on the part of the Authority to terminate this Facilities Sublease. (2) Without terminating this Facilities Sublease, (i) to collect each installment of rent as it becomes due and enforce any other terms or provision hereof to be kept or performed by the City, regardless of whether or not the City has abandoned the Facilities, or (ii) to exercise any and all rights of re-entry upon the Facilities. In the event the Authority does not elect to terminate this Facilities Sublease in the manner provided for in subparagraph (1) hereof, the City shall remain liable and agrees to keep or perform all covenants and conditions herein contained to be kept or performed by the City and, if the Facilities are not re-let, to pay the full amount of the rent to the end of the term of this Facilities Sublease; and further agrees to pay said rent punctually at the same time and in the same manner as hereinabove provided for the payment of rent hereunder (without acceleration), notwithstanding the fact that the Authority may have received in previous -13- 4148-9685-7176.10 years or may receive thereafter in subsequent years rental in excess of the rental herein specified, and notwithstanding any entry or re-entry by the Authority or suit in unlawful detainer, or otherwise, brought by the Authority for the purpose of effecting such entry or re-entry or obtaining possession of the Facilities. Should the Authority elect to enter or re-enter as herein provided, the City hereby irrevocably appoints the Authority as the agent and attorney-in-fact of the City to re-let the Facilities, or any part thereof, from time to time, either in the Authority’s name or otherwise, upon such terms and conditions and for such use and period as the Authority may deem advisable, and to remove all persons in possession thereof and all personal property whatsoever situated upon the Facilities and to place such personal property in storage in any warehouse or other suitable place located in the City, for the account of and at the expense of the City, and the City hereby exempts and agrees to save harmless the Authority from any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re-entry upon and re-letting of the Facilities and removal and storage of such property by the Authority or its duly authorized agents in accordance with the provisions herein contained. The City agrees that the terms of this Facilities Sublease constitute full and sufficient notice of the right of the Authority to re-let the Facilities and to do all other acts to maintain or preserve the Facilities as the Authority deems necessary or desirable in the event of such re-entry without effecting a surrender of this Facilities Sublease, and further agrees that no acts of the Authority in effecting such re-letting shall constitute a surrender or termination of this Facilities Sublease irrespective of the use or the term for which such re-letting is made or the terms and conditions of such re-letting, or otherwise, but that, on the contrary, in the event of such default by the City the right to terminate this Facilities Sublease shall vest in the Authority to be effected in the sole and exclusive manner provided for in sub-paragraph (1) hereof. The City further waives the right to any rental obtained by the Authority in excess of the rental herein specified and hereby conveys and releases such excess to the Authority as compensation to the Authority for its services in re-letting the Facilities or any part thereof. The City hereby waives any and all claims for damages caused or which may be caused by the Authority in re-entering and taking possession of the Facilities as herein provided and all claims for damages that may result from the destruction of the Facilities and all claims for damages to or loss of any property belonging to the City, or any other person, that may be in or upon the Facilities. (b) If (1) the City’s interest in this Facilities Sublease or any part thereof be assigned or transferred, either voluntarily or by operation of law or otherwise, without the written consent of the Authority, as hereinafter provided for, or (2) the City or any assignee shall file any petition or institute any proceeding under any act or acts, state or federal, dealing with or relating to the subject or subjects of bankruptcy or insolvency, or under any amendment of such act or acts, either as a bankrupt or as an insolvent, or as a debtor, or in any similar capacity, wherein or whereby the City asks or seeks or prays to be adjudicated a bankrupt, or is to be discharged from any or all of the City’s debts or obligations, or offers to the City’s creditors to effect a composition or extension of time to pay the City’s debts or asks, seeks or prays for reorganization or to effect a plan of reorganization, or for a readjustment of the City’s debts, or for any other similar relief, or if any such petition or any such proceedings of the same or similar kind or character be filed or -14- 4148-9685-7176.10 be instituted or taken against the City, or if a receiver of the business or of the property or assets of the City shall be appointed by any court, except a receiver appointed at the instance or request of the Authority, or if the City shall make a general or any assignment for the benefit of the City’s creditors, or if (3) the City shall abandon or vacate the Facilities, then the City shall be deemed to be in default hereunder. (c) The Authority shall in no event be in default in the performance of any of its obligations hereunder or imposed by any statute or rule of law unless and until the Authority shall have failed to perform such obligations within thirty (30) days or such additional time as is reasonably required to correct any such default after notice by the City to the Authority properly specifying wherein the Authority has failed to perform any such obligation. In the event of default by the Authority, the City shall be entitled to pursue any remedy provided by law, but in no event shall the City have the right to terminate this Facilities Sublease or be excused from performing its obligations hereunder. (d) In addition to the other remedies set forth in this Section, upon the occurrence of an event of default as described in this Section, the Authority, shall be entitled to proceed to protect and enforce the rights vested in the Authority by this Facilities Sublease or by law. The provisions of this Facilities Sublease and the duties of the City and of its trustees, officers or employees shall be enforceable by the Authority by mandamus or other appropriate suit, action or proceeding in any court of competent jurisdiction. Without limiting the generality of the foregoing, the Authority shall have the right to bring the following actions: (1) Accounting. An action or suit in equity to require the City and its trustees, officers and employees and its assigns to account as the trustee of an express trust. (2) Injunction. An action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the Authority. (3) Mandamus. A mandamus or other suit, action or proceeding at law or in equity to enforce the Authority’s rights against the City (and its board, officers and employees) and to compel the City to perform and carry out its duties and obligations under the law and its covenants and agreements with the City as provided herein. Excepting as otherwise provided herein, each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative, and the single or partial exercise of any right, power or privilege hereunder shall not impair the right of the Authority to other or further exercise thereof or the exercise of any or all other rights, powers or privileges. The Authority expressly waives the right to receive any amount from the City pursuant to section 1951.2(a)(3) of the California Civil Code. The term “re-let” or “re-letting” as used in this Section shall include, but not be limited to, re-letting by means of the operation by the Authority of the Facilities. If any statute or rule of law validly shall limit the remedies given to the Authority hereunder, the Authority nevertheless shall be entitled to whatever remedies are allowable under any statute or rule of law. In the event the Authority shall prevail in any action brought to enforce any of the terms and provisions of this Facilities Sublease, the City agrees to pay a reasonable amount as and -15- 4148-9685-7176.10 for attorney’s fees incurred by the Authority in attempting to enforce any of the remedies available to the Authority hereunder, whether or not a lawsuit has been filed and whether or not any lawsuit culminates in a judgment. Section 6.02. Waiver. Failure of the Authority to take advantage of any default on the part of the City shall not be, or be construed as, a waiver thereof, nor shall any custom or practice which may grow up between the parties in the course of administering this instrument be construed to waive or to lessen the right of the Authority to insist upon performance by the City of any term, covenant or condition hereof, or to exercise any rights given the Authority on account of such default. A waiver of a particular default shall not be deemed to be a waiver of the same or any subsequent default. The acceptance of rent hereunder shall not be, or be construed to be, a waiver of any term, covenant or condition of this Facilities Sublease. Section 6.03. Limited Remedies for Restricted Properties. Notwithstanding anything to the contrary herein, neither the Authority, the Trustee, nor the Owners of Bonds shall be permitted to use, maintain, operate, occupy, lease, hypothecate, encumber or sell any Facilities which are Restricted Properties. In the event of a default by the City, available remedies with respect to Restricted Properties shall be limited to collection of each installment of base rental payments as such shall become due and such other remedies hereunder which are not inconsistent with the limitations of the preceding sentence. ARTICLE VII EMINENT DOMAIN; PREPAYMENT Section 7.01. Eminent Domain. If the whole of the Facilities or so much thereof as to render the remainder unusable for the purposes for which it was used by the City shall be taken under the power or threat of eminent domain, the term of this Facilities Sublease shall cease as of the day that possession shall be so taken. If less than the whole of the Facilities shall be taken under the power or threat of eminent domain and the remainder is usable for the purposes for which it was used by the City at the time of such taking, then this Facilities Sublease shall continue in full force and effect as to such remainder, and the parties waive the benefits of any law to the contrary, and in such event there shall be a partial abatement of the rental due hereunder in an amount equivalent to the amount by which the annual payments of principal of and interest on the Bonds then Outstanding will be reduced by the application of the award in eminent domain to the redemption of Outstanding Bonds. So long as any of the Bonds shall be Outstanding, any award made in eminent domain proceedings for taking the Facilities or any portion thereof shall be paid to the Trustee and applied to the prepayment of the Base Rental Payments as provided in Section 7.02 hereof. Any such award made after all of the Base Rental Payments and Additional Payments have been fully paid, or provision therefor made, shall be paid to the City. Section 7.02. Prepayment. (a) If the Facilities are damaged or destroyed by perils covered by insurance, the Authority shall cause the proceeds of such insurance to be utilized for the repair, reconstruction or replacement of the damaged or destroyed portion pursuant to the procedure set forth in Section 4.05 of the Trust Agreement. Alternatively, the City may elect to prepay on any date from insurance and eminent domain proceeds, and from any proceeds of title insurance obtained in connection with the Facilities, all or any part (in an integral multiple of -16- 4148-9685-7176.10 $5,000) of Base Rental Payments then unpaid so that the aggregate annual debt service on the Bonds which shall be payable after such prepayment date shall be as nearly proportional as practicable to the aggregate annual debt service on the Bonds unpaid prior to the prepayment date, at a prepayment amount equal to the principal of and interest on the Bonds to the date of redemption. The City shall not prepay the Base Rental Payments in part unless the Trustee receives a Certificate of the City and the Authority that the Base Rental Payments on the undamaged portion of the Facilities will be sufficient to pay the initially-scheduled principal and interest on the Bonds remaining unpaid after such redemption. (b) The City may prepay, from any source of available funds, all or any portion of Base Rental Payments by depositing with the Trustee moneys or securities as provided in Article IX of the Trust Agreement sufficient to make such Base Rental Payments when due. The City agrees that if following such prepayment the Facilities are damaged or destroyed or taken by eminent domain, it is not entitled to, and by such prepayment waives the right of, abatement of such prepaid Base Rental Payments and shall not be entitled to any reimbursement of such Base Rental Payments. (c) Before making any prepayment pursuant to this article, the City shall, within five (5) days following the event creating such right or obligation to prepay, give written notice to the Authority and the Trustee describing such event and specifying the date on which the prepayment will be made, which date shall be not less than sixty (60) days from the date such notice is given. (d) When (1) there shall have been deposited with the Trustee at or prior to the due dates of the Base Rental Payments or date when the City may exercise its option to purchase the Facilities or any portion or item thereof, in trust for the benefit of the Owners of the Bonds and irrevocably appropriated and set aside to the payment of the Base Rental Payments or option price, sufficient moneys and Government Securities satisfying the requirements of Section 9.01(b) of the Trust Agreement, the principal of and interest on which when due will provide money sufficient to pay all principal of and interest on the Bonds to the due date of the Bonds or date when the City may exercise its option to purchase the Facilities, as the case may be; (2) an agreement shall have been entered into with the Trustee for the payment of its fees and expenses so long as any of the Bonds shall remain unpaid; and (3) all other terms and conditions set forth in Section 9.01 of the Trust Agreement have been satisfied; then and in that event the right, title and interest of the Authority herein and the obligations of the City hereunder shall thereupon cease, terminate, become void and be completely discharged and satisfied (except for the right of the Authority and the obligation of the City to have such moneys and such Government Securities applied to the payment of the Base Rental Payments or option price) and the Authority’s interest in and title to the Facilities or applicable portion or item thereof shall be transferred and conveyed to the City. In such event, the Authority shall cause an accounting for such period or periods as may be requested by the City to be prepared and filed with the Trustee to evidence such discharge and satisfaction. Those moneys and Government Securities shall continue to be held by the Trustee in trust for the payment of Base Rental Payments or the option price and the fees and expenses of the Trustee, and shall be applied by the Authority to the payment of the Base Rental Payments or the option price and the fees and expenses of the Trustee. -17- 4148-9685-7176.10 Section 7.03. Option to Purchase; Sale of Personal Property. The City shall have the option to purchase the Authority’s interest in any part of the Facilities upon payment of an option price consisting of moneys or securities satisfying the requirements of Section 9.01(b) of the Trust Agreement (not callable by the issuer thereof prior to maturity) in an amount sufficient (together with the earnings and interest on such securities) to provide funds to pay the redemption price of a portion of the Bonds attributable to such part of the Facilities (determined by reference to the proportion which the acquisition, design and construction cost of such part of the Facilities bears to the acquisition, design and construction cost of all of the Facilities). The option price payment shall be made to the Trustee and shall be treated as rental payments and shall be applied by the Trustee to pay the principal of and interest on the Bonds and to redeem Bonds if such Bonds are subject to redemption pursuant to the terms of the Trust Agreement. Upon the making of such payment to the Trustee, (a) the Base Rental Payments thereafter payable under this Facilities Sublease shall be reduced by the amount thereof attributable to such part of the Facilities and theretofore paid pursuant to this Section, (b) Section 3.06 and this Section of this Facilities Sublease shall not thereafter be applicable to such part of the Facilities, (c) the insurance required by Sections 5.01, 5.02 and 5.03 of this Facilities Sublease need not be maintained as to such part of the Facilities, and (d) title to such part of the Facilities shall vest in the City and the term of this Facilities Sublease shall end as to such part of the Facilities. The City, in its discretion, may request the Authority to sell or exchange any personal property, which may at any time constitute a part of the Facilities, and to release said personal property from this Facilities Sublease, if (a) in the opinion of the City the property so sold or exchanged is no longer required or useful in connection with the operation of the Facilities, (b) the consideration to be received from the property is of a value at least equal to the lesser of (i) the value of the property to be released or (ii) the principal amount of Bonds Outstanding, and (c) if the value of any such property shall, in the opinion of the Authority, exceed the amount of $50,000, the Authority shall have been furnished a certificate of an independent engineer or other qualified independent professional consultant (satisfactory to the Authority) certifying the value thereof and further certifying that such property is no longer required or useful in connection with the operation of the Facilities. In the event of any such sale, the full amount of the money or consideration received for the personal property so sold and released shall be paid to the Authority. Any money so paid to the Authority may, so long as the City is not in default under any of the provisions of this Facilities Sublease, be used upon the Written Request of the City to purchase personal property, which property shall become a part of the Facilities leased hereunder or deposited in the Revenue Fund. The Authority may require such opinions, certificates and other documents as it may deem necessary before permitting any sale or exchange of personal property subject to this Facilities Sublease or before releasing for the purchase of new personal property money received by it for personal property so sold. -18- 4148-9685-7176.10 ARTICLE VIII COVENANTS Section 8.01. Right of Entry. The Authority [and the Bond Insurer] and their assignees shall have the right (but not the duty) to enter upon and to examine and inspect the Facilities during reasonable business hours (and in emergencies at all times) (a) to inspect the same, (b) for any purpose connected with the Authority’s, [the Bond Insurer’s] or the City’s rights or obligations under this Facilities Sublease, and (c) for all other lawful purposes. Section 8.02. Liens. (a) The City will not create or permit to exist any liens or encumbrances on the Facilities, except (i) pursuant to the terms of Section 8.05 hereof or (ii) Permitted Encumbrances. (b) In the event the City shall at any time during the term of this Facilities Sublease cause any changes, alterations, additions, improvements or other work to be done or performed or materials to be supplied, in or upon the Facilities, the City shall pay, when due, all sums of money that may become due for, or purporting to be for, any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to or for the City in, upon or about the Facilities and shall keep the Facilities free of any and all mechanics’ or materialmen’s liens or other liens against the Facilities or the Authority’s interest therein. In the event any such lien attaches to or is filed against the Facilities or the Authority’s interest therein, the City shall cause each such lien to be fully discharged and released at the time the performance of any obligation secured by any such lien matures or becomes due, except that if the City desires to contest any such lien it may do so in good faith. If any such lien shall be reduced to final judgment and such judgment or such process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed and said stay thereafter expires, the City shall forthwith pay and discharge said judgment. The City agrees to and shall, to the maximum extent permitted by law, indemnify and hold the Authority and the Trustee and their respective members, directors, agents, successors and assigns, harmless from and against, and defend each of them against, any claim, demand, loss, damage, liability or expense (including attorney’s fees) as a result of any such lien or claim of lien against the Facilities or the Trustee or the Authority’s interest therein. Section 8.03. Quiet Enjoyment. The parties hereto mutually covenant that the City, by keeping and performing the covenants and agreements herein contained and if not in default hereunder, shall at all times during the term of this Facilities Sublease peaceably and quietly have, hold and enjoy the Facilities without suit, trouble or hindrance from the Authority. Section 8.04. Authority Not Liable. The Authority and its members, directors, officers, agents, employees and assignees shall not be liable to the City or to any other party whomsoever for any death, injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the Facilities. The City, to the extent permitted by law, shall indemnify and hold the Authority and its members, directors, officers, agents, employees and assignees, harmless from, and defend each of them against, any and all claims, liens and judgments arising from the construction or operation of the Facilities, including, without limitation, death of or injury to any person or damage to property whatsoever occurring in, on or about the Facilities -19- 4148-9685-7176.10 regardless of responsibility for negligence, but excepting the active negligence of the person or entity seeking indemnity. Section 8.05. Assignment and Subleasing. Excepting the assignment to the Trustee, as provided in the Trust Agreement, neither this Facilities Sublease nor any interest of the City hereunder shall be mortgaged, pledged, assigned, sublet or transferred by the City by voluntary act or by operation of law or otherwise, except with the prior written consent of the Authority. No such mortgage, pledge, assignment, sublease or transfer shall in any event affect or reduce the obligation of the City to make the Base Rental Payments and Additional Payments required hereunder. Section 8.06. Title to Facilities. During the term of this Facilities Sublease, the Authority shall hold leasehold title to the Facilities and any and all additions which comprise fixtures, repairs, replacements or modifications thereof, except for those fixtures, repairs, replacements or modifications which are added thereto by the City and which may be removed without damaging the Facilities, and except for any items added to the Facilities by the City pursuant to Section 4.04 hereof. This provision shall not operate to the benefit of any insurance company if there is a rental interruption covered by insurance pursuant to Section 5.03 hereof. Upon the termination or expiration of this Facilities Sublease (other than as provided in Sections 6.01 and 7.01 of this Facilities Sublease), title to the Facilities shall vest in the City pursuant to the Facilities Lease. Upon any such termination or expiration, the Authority shall execute such conveyances, deeds, and other documents as may be necessary to effect such vesting of record. Section 8.07. Purpose of Lease. The City covenants that during the term of this Facilities Sublease, except as hereinafter provided, (a) it will use, or cause the use of, the Facilities for public purposes and for the purposes for which the Facilities are customarily used, (b) it will not vacate or abandon the Facilities or any part thereof, and (c) it will not make any use of the Facilities which would jeopardize in any way the insurance coverage required to be maintained pursuant to Article V hereof. Section 8.08. Continuing Disclosure. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Facilities Sublease, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered a default; however, the Trustee may (and, at the request of any Participating Underwriter (as defined in the Continuing Disclosure Certificate) or the Holders of at least 25% aggregate principal amount in Outstanding Bonds, upon payment of its fees and expenses, including counsel fees and receipt of indemnification satisfactory to it, shall, or any Holder or Beneficial Owner may, take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the City to comply with its obligations under this Section 8.09. For purposes of this Section, “Beneficial Owner” means any person which has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). -20- 4148-9685-7176.10 Section 8.09. Hazardous Waste. The City shall not cause or permit the Facilities or any part thereof to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials, except in compliance with all applicable Federal, state and local laws or regulations, nor shall the City cause or permit, as a result of any intentional or unintentional act or omission on the part of the City or any tenant or subtenant, a release of Hazardous Materials onto the Facilities. The City shall comply with and ensure compliance by all tenants and subtenants with all applicable Federal, state and local laws, ordinances, rules and regulations, whenever and by whomever triggered, and shall obtain and comply with, and ensure that all tenants and subtenants obtain and comply with, any and all approvals, registrations, or permits required thereunder. The City shall (i) conduct and complete all investigations, studies, sampling and testing, and all remedial, removal, and other actions necessary to clean up and remove all Hazardous Materials, on, from, or affecting the Facilities (A) in accordance with all applicable Federal, state and local laws, ordinances, rules, regulations, and policies, (B) to the satisfaction of the Trustee, and (C) in accordance with the orders and directives of all Federal, state and local governmental authorities, and (ii) defend, indemnify, and hold harmless the Trustee from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to, (A) the presence, disposal, release, or threatened release of any Hazardous Materials which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (B) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials, and/or (C) any violation of laws, orders, regulations, requirements or demands of government authorities, or any policies or requirements of the Trustee, which are based upon or in any way related to such Hazardous Materials including, without limitation, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses. In the event that the Trustee elects to control, operate, sell or otherwise claim property rights in the Facilities, the City shall deliver the Facilities free of any and all Hazardous Materials so that the conditions of the Facilities shall conform with all applicable Federal, state and local laws, ordinances, rules or regulations affecting the Facilities. Prior to any such delivery of the Facilities, the City shall pay the Trustee, from its own funds, any amounts then required to be paid under subsection (ii) above. For purposes of this paragraph, “Hazardous Materials” includes, without limit, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. §§ 9601 et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. §§ 1801 et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. §§ 9601 et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or any other Federal, state or local environmental law, ordinance, rule, or regulation. -21- 4148-9685-7176.10 ARTICLE IX DISCLAIMER OF WARRANTIES; VENDOR’S WARRANTIES; USE OF THE FACILITIES Section 9.01. Disclaimer of Warranties. THE AUTHORITY MAKES NO AGREEMENT, WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE FACILITIES, OR WARRANTY WITH RESPECT THERETO. THE CITY ACKNOWLEDGES THAT THE AUTHORITY IS NOT A MANUFACTURER OF THE FACILITIES OR A DEALER THEREIN, THAT THE CITY LEASES THE FACILITIES AS-IS, IT BEING AGREED THAT ALL OF THE AFOREMENTIONED RISKS ARE TO BE BORNE BY THE CITY. In no event shall the Authority and Trustee be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Facilities Sublease or the existence, furnishing, functioning or the City’s use of any item or products or services provided for in this Facilities Sublease. Section 9.02. Vendor’s Warranties. The Authority hereby irrevocably appoints the City its agent and attorney-in-fact during the term of this Facilities Sublease, so long as the City shall not be in default hereunder, to assert from time to time whatever claims and rights, including warranties of the Facilities, which the Authority may have against the manufacturers, vendors and contractors of the Facilities. The City’s sole remedy for the breach of such warranty, indemnification or representation shall be against the manufacturer or vendor or contractor of the Facilities, and not against the Authority or the Trustee, nor shall such matter have any effect whatsoever on the rights and obligations of the Authority or the Trustee with respect to this Facilities Sublease, including the right to receive full and timely payments hereunder. The City expressly acknowledges that the Authority and the Trustee, as applicable, makes, and has made, no representation or warranties whatsoever as to the existence or availability of such warranties of the manufacturer, vendor or contractor. Section 9.03. Use of the Facilities. The City will not install, use, operate or maintain the Facilities improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Facilities Sublease. The City shall provide all permits and licenses, if any, necessary for the installation and operation of the Facilities. In addition, the City agrees to comply in all respects (including, without limitation, with respect to the use, maintenance and operation of the Facilities) with all laws of the jurisdictions in which its operations may extend and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over the Facilities; provided, however, that the City may contest in good faith the validity or application of any such law or rule in any reasonable manner which does not, in the opinion of the Authority, adversely affect the estate of the Authority in and to the Facilities or its interest or rights under this Facilities Sublease. Section 9.04. Tax Covenants. The City and the Authority shall at all times do and perform all acts and things permitted by law which are necessary or desirable in order to assure that the interest on the Tax-Exempt Bonds will not be included in the gross income of the owner thereof for federal income tax purposes and shall take no action that would result in such interest -22- 4148-9685-7176.10 being so included. To that end, the City shall comply with the provisions of the Tax Certificate, which is incorporated herein by reference as if set forth at this place. ARTICLE X MISCELLANEOUS Section 10.01. Law Governing. This Facilities Sublease shall be governed exclusively by the provisions hereof and by the laws of the State as the same from time to time exist. Section 10.02. Notices. All notices, statements, demands, consents, approvals, authorizations, offers, designations, requests, agreements or promises or other communications hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if delivered personally or if mailed by United States registered mail, return receipt requested, postage prepaid: If to the City: City of Fresno Attention: City Manager 2600 Fresno Street Fresno, CA 93721-3601 If to the Authority: Fresno City Joint Powers Financing Authority Attention: City Manager 2600 Fresno Street Fresno, CA 93721-3601 With Copy to: City Controller 2600 Fresno Street Fresno, CA 93721-93721-3622 If to the Trustee: The Bank of New York Trust Company, N.A. 333 South Hope Street, Suite 2525 Los Angeles, California 90071 Attention: Corporate Trust Administration [If to the Series 2025 Bond Insurer: ] [With Copy to: ] or to such other addresses as the respective parties may from time to time designate by notice in writing. A copy of any such notice or other document herein referred to shall also be delivered to the Trustee. -23- 4148-9685-7176.10 Section 10.03. Validity and Severability. If for any reason this Facilities Sublease shall be held by a court of competent jurisdiction to be void, voidable, or unenforceable by the Authority or by the City, or if for any reason it is held by such a court that any of the covenants and conditions of the City hereunder, including the covenant to pay rentals hereunder, is unenforceable for the full term hereof, then and in such event this Facilities Sublease is and shall be deemed to be a lease from year to year under which the rentals are to be paid by the City annually in consideration of the right of the City to possess, occupy and use the Facilities, and all of the rental and other terms, provisions and conditions of this Facilities Sublease, except to the extent that such terms, provisions and conditions are contrary to or inconsistent with such holding, shall remain in full force and effect. Section 10.04. Net-Net-Net Lease. This Facilities Sublease shall be deemed and construed to be a “net-net-net lease” and the City hereby agrees that the rentals provided for herein shall be an absolute net return to the Authority, free and clear of any expenses, charges or set-offs whatsoever. Section 10.05. Taxes. The City shall pay or cause to be paid all taxes and assessments of any type or nature charged to the Authority or affecting the Facilities or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the term of this Facilities Sublease as and when the same become due. The City shall also pay directly such amounts, if any, in each year as shall be required by the Authority for the payment of all license and registration fees and all taxes (including, without limitation, income, excise, license, franchise, capital stock, recording, sales, use, value-added, property, occupational, excess profits and stamp taxes), levies, imposts, duties, charges, withholdings, assessments and governmental charges of any nature whatsoever, together with any additions to tax, penalties, fines or interest thereon, including, without limitation, penalties, fines or interest arising out of any delay or failure by the City to pay any of the foregoing or failure to file or furnish to the Authority or the Trustee for filing in a timely manner any returns, hereinafter levied or imposed against the Authority or the Facilities, the rentals and other payments required hereunder or any parts thereof or interests of the City or the Authority or the Trustee therein by any governmental authority. The City may, at the City’s expense and in its name, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority or the Trustee shall notify the City that, in the opinion of independent counsel, by nonpayment of any such items, the interest of the Authority in the Facilities will be materially endangered or the Facilities, or any part thereof, will be subject to loss or forfeiture. In the event of such notice, the City shall promptly pay such taxes, assessments or charges or provide the Authority with full security, in form satisfactory to the Authority and the Trustee, against any loss, which may result from nonpayment. Section 10.06. Third Party Beneficiary. To the extent that this Facilities Sublease confers upon or gives or grants the Trustee [or the Bond Insurer] any right, remedy or claim under -24- 4148-9685-7176.10 or by reason of this Facilities Sublease, the Trustee [and Bond Insurer] are hereby explicitly recognized as being a third-party beneficiary hereunder and may enforce any such right, remedy or claim conferred, given or granted hereunder. Section 10.07. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Facilities Sublease. Section 10.08. Amendment or Termination. The Authority and the City, may at any time agree to the amendment or termination of this Facilities Sublease. The Authority and the City agree and recognize, however, that this Facilities Sublease is entered into in accordance with the terms of the Trust Agreement, and accordingly, that any such amendment or termination shall only be made or effected in accordance with and subject to the terms of the Trust Agreement. Section 10.09. Execution. This Facilities Sublease may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Sublease. It is also agreed that the Authority and City may each execute separate counterparts of this Facilities Sublease , all with the same force and effect as though both had executed the same counterpart -25- 4148-9685-7176.10 IN WITNESS WHEREOF, the Authority and the City have caused this Facilities Sublease to be executed by their respective officers thereunto duly authorized, all as of the day and year first above written. FRESNO JOINT POWERS FINANCING AUTHORITY, as Lessor By [Controller] Attest: Secretary CITY OF FRESNO, as Lessee By [Controller] Attest: City Clerk A-1 4148-9685-7176.10 EXHIBIT A DESCRIPTION OF FACILITIES All of that certain real property and improvements thereon situated in the City of Fresno, State of California, described as follows: Parking Garage No. 8 All of that certain real property and improvements thereon situated in the City of Fresno, State of California, described as follows: Parcel 1: APN __________ Parking Garage No. 8 Fire Station No. 18 All of that certain real property and improvements thereon situated in the City of Fresno, State of California, described as follows: Parcel 2: APN __________ Fire Station No. 18 Southeast Police Substation All of that certain real property and improvements thereon situated in the City of Fresno, State of California, described as follows: Parcel 3: APN __________ Southeast Police Substation B-1 4148-9685-7176.10 EXHIBIT B BASE RENTAL PAYMENT SCHEDULE For Parking Garage No. 8, Fire Station No. 18 and Southeast Police Substation Base Rental Payment Date* Principal Interest Aggregate Base Rental Payment Annual Base Rental Payment Total *Pursuant to Section 3.01 of the Facilities Sublease, each Base Rental Payment installment shall be payable 5 Business Days in advance of its due date. **$________ will be paid from capitalized interest. 4148-9685-7176.10 Recording requested by and return to: CITY OF FRESNO c/o Orrick, Herrington & Sutcliffe LLP The Orrick Building 405 Howard Street San Francisco, California 94105 Attention: Steffi Chan, Esq. RECORDING OF THIS DOCUMENT IS EXEMPT FROM ANY FEES CHARGED BY THE RECORDER MASTER FACILITIES SUBLEASE by and between FRESNO JOINT POWERS FINANCING AUTHORITY and the CITY OF FRESNO Dated as of September 1, 2025 TABLE OF CONTENTS Page -i- 4148-9685-7176.10 ARTICLE I DEFINITIONS ..................................................................................... 1 Section 1.01. Definitions................................................................................ 1 ARTICLE II SUBLEASE OF FACILITIES; TERM; SUBSTITUTION; RELEASE; ADDITION OF PROPERTY ........................................... 4 Section 2.01. Sublease of Facilities ............................................................... 4 Section 2.02. Term; Occupancy ..................................................................... 5 Section 2.03. Substitution, Release, Addition of Property ............................ 5 ARTICLE III BASE RENTAL PAYMENTS; USE OF PROCEEDS ....................... 6 Section 3.01. Base Rental Payments .............................................................. 6 Section 3.02. Additional Payments ................................................................ 6 Section 3.03. Fair Rental Value ..................................................................... 7 Section 3.04. Payment Provisions .................................................................. 7 Section 3.05. Appropriations Covenant; Base Rental Payments and Additional Payments to Constitute a Current Expense of the City; No Pledge.............................................................. 8 Section 3.06. Rental Abatement..................................................................... 8 ARTICLE IV MAINTENANCE; ALTERATIONS AND ADDITIONS .................. 9 Section 4.01. Maintenance and Utilities ........................................................ 9 Section 4.02. Changes to the Facilities .......................................................... 9 Section 4.03. Installation of City’s Equipment .............................................. 9 ARTICLE V INSURANCE ..................................................................................... 10 Section 5.01. Fire and Extended Coverage Insurance ................................. 10 Section 5.02. Title Insurance ....................................................................... 10 Section 5.03. Rental Interruption or Use and Occupancy Insurance ........... 11 Section 5.04. Worker’s Compensation ........................................................ 11 Section 5.05. Insurance Proceeds; Form of Policies .................................... 11 ARTICLE VI DEFAULTS AND REMEDIES ........................................................ 12 Section 6.01. Defaults and Remedies .......................................................... 12 Section 6.02. Waiver .................................................................................... 15 Section 6.03. Limited Remedies for Restricted Properties .......................... 15 ARTICLE VII EMINENT DOMAIN; PREPAYMENT ........................................... 15 TABLE OF CONTENTS (continued) Page -ii- 4148-9685-7176.10 Section 7.01. Eminent Domain .................................................................... 15 Section 7.02. Prepayment ............................................................................ 15 Section 7.03. Option to Purchase; Sale of Personal Property ...................... 17 ARTICLE VIII COVENANTS ................................................................................... 18 Section 8.01. Right of Entry ........................................................................ 18 Section 8.02. Liens ....................................................................................... 18 Section 8.03. Quiet Enjoyment .................................................................... 18 Section 8.04. Authority Not Liable .............................................................. 18 Section 8.05. Assignment and Subleasing ................................................... 19 Section 8.06. Title to Facilities .................................................................... 19 Section 8.07. Purpose of Lease .................................................................... 19 Section 8.08. Continuing Disclosure ........................................................... 19 Section 8.09. Hazardous Waste ................................................................... 20 ARTICLE IX DISCLAIMER OF WARRANTIES; VENDOR’S WARRANTIES; USE OF THE FACILITIES .................................. 21 Section 9.01. Disclaimer of Warranties ....................................................... 21 Section 9.02. Vendor’s Warranties .............................................................. 21 Section 9.03. Use of the Facilities ............................................................... 21 Section 9.04. Tax Covenants ....................................................................... 21 ARTICLE X MISCELLANEOUS .......................................................................... 22 Section 10.01. Law Governing ...................................................................... 22 Section 10.02. Notices ................................................................................... 22 Section 10.03. Validity and Severability ....................................................... 23 Section 10.04. Net-Net-Net Lease ................................................................. 23 Section 10.05. Taxes ...................................................................................... 23 Section 10.06. Third Party Beneficiary.......................................................... 24 Section 10.07. Section Headings ................................................................... 24 Section 10.08. Amendment or Termination ................................................... 24 Section 10.09. Execution ............................................................................... 24 EXHIBIT A DESCRIPTION OF FACILITIES ................................................... A-1 TABLE OF CONTENTS (continued) Page -iii- 4148-9685-7176.10 EXHIBIT B BASE RENTAL PAYMENT SCHEDULE .................................... B-1 OH&S DRAFT 7/31/25 4149-8008-7896.11 THIS MASTER TRUST AGREEMENT made and entered into as of September 1, 2025 (the “Trust Agreement”) by and between THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association duly organized and existing under and by virtue of the laws of the United States of America, as Trustee (the “Trustee”) and the FRESNO JOINT POWERS FINANCING AUTHORITY (the “Authority”), a public entity and agency, duly organized and existing pursuant to an Agreement entitled “Joint Exercise of Powers Agreement”, dated October 25, 1988, by and between the City of Fresno and the Redevelopment Agency of the City of Fresno, as amended and supplemented from time to time. W I T N E S S E T H: WHEREAS, the Authority is a joint exercise of powers authority duly organized and operating pursuant to Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California; WHEREAS, Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorizes and empowers joint powers authorities to issue bonds to assist local agencies in financing projects and programs consisting of certain public improvements or working capital or liability and other insurance needs whenever a local agency determines that there are significant public benefits from so doing; WHEREAS, the City of Fresno has determined that the consummation of the transactions contemplated in the Facilities Lease (as hereinafter defined), Facilities Sublease (as hereinafter defined), and this Trust Agreement will result in significant public benefits; WHEREAS, the Authority is empowered pursuant to the Facilities Lease, the Facilities Sublease, and the aforementioned Article 4 to cause the lease of the Facilities (as hereinafter defined) to finance certain capital improvement projects through the issuance of its bonds; WHEREAS, the Authority has authorized the issuance of its Lease Revenue Bonds (Public Safety Projects), Series 2025A (the “Series 2025A Bonds”) and its Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable) (the “Series 2025B Bonds” and collectively with the Series 2025A Bonds, the “Series 2025 Bonds”), to assist in financing certain capital improvement projects pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of State of California; WHEREAS, to provide for the authentication and delivery of the Bonds (as hereinafter defined), to establish and declare the terms and conditions upon which the Bonds are to be issued and secured and to secure the payment of the principal thereof and premium, if any, and interest thereon, the Authority has authorized the execution and delivery of this Trust Agreement; WHEREAS, all acts and proceedings required by law necessary to make the Bonds, when executed by the Authority, authenticated and delivered by the Trustee and duly issued, the valid, binding and legal obligations of the Authority payable in accordance with their terms, and to constitute this Trust Agreement a valid and binding agreement of the parties hereto for the uses 2 4149-8008-7896.11 and purposes herein set forth in accordance with its terms, have been done and taken, and the execution and delivery of this Trust Agreement have been in all respects duly authorized; NOW, THEREFORE, THIS TRUST AGREEMENT WITNESSETH, that to secure the payment of the principal of, premium, if any, and the interest on all Bonds at any time issued and outstanding under this Trust Agreement, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the Holders, and for other valuable considerations, the receipt whereof is hereby acknowledged, the Authority does hereby covenant and agree with the Trustee, for the benefit of the respective Holders from time to time, as follows: ARTICLE I DEFINITIONS; EQUAL SECURITY SECTION 1.01 Definitions. Unless the context otherwise requires, the terms defined in this section shall for all purposes hereof and of any Supplemental Trust Agreement and of any certificate, opinion, request or other document herein or therein mentioned have the meanings herein specified: Acquisition and Construction Fund The term “Acquisition and Construction Fund” means the fund by that name established pursuant to Section 2.11. Act The term “Act” means the Joint Exercise of Powers Act (being Chapter 5 of Division 7 of Title 1 of the California Government Code, as amended) and all laws amendatory thereof or supplemental thereto. Additional Bonds The term “Additional Bonds” means all bonds of the Authority authorized by and at any time Outstanding pursuant hereto and executed, issued and delivered in accordance with Article III. Additional Projects The term “Additional Projects” means public capital improvements, including equipment, located within the City and financed in whole or in part with the proceeds of Additional Bonds. 3 4149-8008-7896.11 Additional Payments The term “Additional Payments” shall have the meaning ascribed to such term in the Facilities Sublease. Architects The term “Architects” means the architects, engineers or designers of the Projects, and any successor or successors to any thereof. Authority The term “Authority” means the Fresno Joint Powers Financing Authority created pursuant to the Act and its successors and assigns in accordance herewith. Base Rental Payments The term “Base Rental Payments” means the payments designated as “Base Rental Payments” under the Facilities Sublease. Bond Insurance Policy The term “Bond Insurance Policy” means any policy or policies of insurance or financial guaranty bond insuring the scheduled payment of the amounts of principal of and interest on the Bonds and issued by a Bond Insurer. Bond Insurer The term “Bond Insurer” means any insurance company or companies which has or have issued any Bond Insurance Policy insuring payment of the amounts of principal of and interest on the Bonds or any series or portion thereof[, including the Series 2025 Bond Insurer.] Bonds The term “Bonds” means the Series 2025 Bonds and all Additional Bonds. Business Day The term “Business Day” means any day other than (i) a Saturday or Sunday (ii) a day on which commercial banks in New York, New York are authorized or required by law to close or (iii) a day upon which the Trustee is authorized or required by law to remain closed, or (iv) a day on which the New York Stock Exchange or the payment system of the Federal Reserve System is not operational. Certificate of Completion The term “Certificate of Completion” means a Certificate of the City certifying that the Projects have been completed, stating the date of such completion and stating that all of the Costs of the Projects thereof and incidental expenses have been determined and paid (or that all of 4 4149-8008-7896.11 such costs and expenses have been paid less specified claims which are subject to dispute and for which a retention in the Acquisition and Construction Fund is to be maintained in the full amount of such claims until such dispute is resolved). The Certificate of Completion shall not, in any event, be deemed to be a certificate of occupancy. Certificate of the Authority The term “Certificate of the Authority” means an instrument in writing signed by the Chairperson, Secretary or Treasurer and Controller of the Authority, or by such officer’s duly appointed designee, or by any other officer of the Authority duly authorized by the Authority for that purpose. Certificate of the City The term “Certificate of the City” means an instrument in writing signed by the Mayor, City Manager or Controller of the City, or by such officer’s duly appointed designee, or by any other officer of the City duly authorized by the City Council of the City for that purpose. City The term “City” means the City of Fresno, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California. Code The term “Code” means the Internal Revenue Code of 1986, as amended, and the regulations issued thereunder. Construction Contract The term “Construction Contract” means each contract between the City and a Contractor for the construction, acquisition or installation of any portion of the Projects. Construction Manager The term “Construction Manager” means any construction manager selected to act as such for any portion of the Projects. Contractor The term “Contractor” means the construction contractor for any portion of the Projects and any successor thereto. Costs of Issuance The term “Costs of Issuance” means all items of expense directly or indirectly payable by or reimbursable to the City or the Authority and related to the authorization, execution and delivery of the Facilities Lease, Facilities Sublease, the Trust Agreement and the sale of the Bonds, including, but not limited to, costs of preparation and reproduction of documents, costs of 5 4149-8008-7896.11 rating agencies and costs to provide information required by rating agencies, filing and recording fees, initial fees and charges of the Trustee, legal fees and charges, fees and disbursements of consultants and professionals, fees and expenses of the underwriter, fees and charges for preparation, execution and safekeeping of the Bonds, fees of the Authority, and any other cost, charge or fee in connection with the original execution and delivery of the Bonds. Costs of Issuance Fund The term “Costs of Issuance Fund” means the fund by that name established pursuant to Section 2.11(b). Costs of the Projects The term “Costs of the Projects” means all costs of acquisition and construction of the Projects and of expenses incident thereto (or for making reimbursements to the Authority or the City or any other person, firm or corporation for such costs theretofore paid by him or it), including, but not limited to, architectural and engineering fees and expenses, interest during construction, furnishings and equipment, tests and inspection, surveys, land acquisition, insurance premiums, losses during construction not insured against because of deductible amounts, costs of accounting, feasibility, environmental and other reports, inspection costs, permit fees, filing and recording costs, printing costs, reproduction and binding costs. Debt Service The term “Debt Service” means, for any Fiscal Year or other period, the sum of interest on the Bonds and principal of the Bonds (including mandatory sinking fund redemption payments) due in such Fiscal Year or other period. Electronic Means The term “Electronic Means” shall mean the following communications methods: e-mail, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys issued by the Trustee, or another method or system specified by the Trustee as available for use in connection with its services hereunder. Event of Default The term “Event of Default” shall have the meaning ascribed to such term in Section 8.01. Facilities The term “Facilities” means the real property and improvements leased by the City pursuant to the Facilities Sublease, as such may be amended from time to time. 6 4149-8008-7896.11 Facilities Lease The term “Facilities Lease” means that certain lease, entitled “Master Facilities Lease” and dated as of September 1, 2025, between the City, as lessor, and the Authority, as lessee, as originally executed and recorded or as it may from time to time be supplemented, modified or amended pursuant to the provisions hereof and thereof. Facilities Sublease The term “Facilities Sublease” means that certain lease, entitled “Master Facilities Sublease” and dated as of September 1, 2025, between the Authority, as lessor and the City, as lessee, as originally executed and recorded or as it may from time to time be supplemented, modified or amended pursuant to the provisions hereof and thereof. Financial Newspaper The term “Financial Newspaper” means The Wall Street Journal or The Bond Buyer, or any other newspaper or journal printed in the English language, publishing financial news and selected by the Trustee, who shall be under no liability by reason of such selection. Fiscal Year The term “Fiscal Year” means the twelve-month period terminating on June 30 of each year, or any other annual accounting period hereafter selected and designated by the Authority as its Fiscal Year in accordance with applicable law. Government Securities The term “Government Securities” means (a) cash, (b) direct obligations (other than an obligation subject to variation in principal repayment) of the United States of America (“U.S. Treasury Obligations”), (c) obligations fully and unconditionally guaranteed as to timely payment of principal and interest by the United States of America, (d) obligations fully and unconditionally guaranteed as to timely payment of principal and interest by any agency or instrumentality of the United States of America when such obligations are backed by the full faith and credit of the United States of America, or (e) evidences of ownership of proportionate interests in future interest and principal payments on obligations described above held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor and the underlying government obligations are not available to any person claiming through the custodian or to whom the custodian may be obligated. Holder The term “Holder” or “Owner” means any person who shall be the registered owner of any Outstanding Bond. 7 4149-8008-7896.11 Independent Certified Public Accountant The term “Independent Certified Public Accountant” means any certified public accountant or firm of such accountants duly licensed and entitled to practice and practicing as such under the laws of the State or a comparable successor, appointed and paid by the Authority, and who, or each of whom: (1) is in fact independent according to the Statement of Auditing Standards No. 1 and not under the domination of the Authority or the City; (2) does not have a substantial financial interest, direct or indirect, in the operations of the Authority or the City; and (3) is not connected with the Authority as a member, officer or employee of the Authority or the City, but who may be regularly retained to audit the accounting records of and make reports thereon to the Authority or the City. Inspectors’ Certificate The term “Inspectors’ Certificate” shall mean a certificate signed by the Architects, the Construction Manager, a duly authorized construction inspector or inspectors retained by the City to inspect the construction of the Projects, or the duly authorized representative of the foregoing. Interest Account The term “Interest Account” means the account by that name established and maintained by the Trustee pursuant to Section 4.03. Interest Payment Date The term “Interest Payment Date” means a date on which interest is due on the Bonds, being April 1 and October 1 of each year to which reference is made, commencing on [FIRST IPD]. Joint Powers Agreement The term “Joint Powers Agreement” means the Joint Exercise of Powers Agreement by and between the City of Fresno and the Redevelopment Agency of the City of Fresno, dated October 25, 1988, as originally executed, as amended and as it may from time to time be further amended or supplemented pursuant to the provisions hereof and thereof. Mandatory Sinking Account Payments The term “Mandatory Sinking Account Payments” means the payments for Term Bonds set forth in a Supplemental Trust Agreement. 8 4149-8008-7896.11 Moody’s Investors Service The term “Moody’s Investors Service” or “Moody’s” means Moody’s Investors Service, a corporation duly organized and existing under and by virtue of the laws of the State of Delaware, and its successors and assigns, except that if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, then the term “Moody’s Investors Service” shall be deemed to refer to any other nationally recognized securities rating agency selected by the City. Opinion of Counsel The term “Opinion of Counsel” means a written opinion of counsel of recognized national standing in the field of law relating to municipal bonds, appointed and paid by the Authority. Outstanding The term “Outstanding,” when used as of any particular time with reference to Bonds, means (subject to the provisions of Section 7.02) all Bonds except (1) Bonds theretofore cancelled by the Trustee or surrendered to the Trustee for cancellation; (2) Bonds paid or deemed to have been paid within the meaning of Section 9.01; and (3) Bonds in lieu of or in substitution for which other Bonds shall have been executed, issued and delivered by the Authority pursuant hereto. Permitted Investments The term “Permitted Investments” means any of the following obligations if and to the extent that, at the time of making such investment, they are permitted by applicable law: 1. Government Securities. 2. Federal Housing Administration debentures. 3. The listed obligations of government-sponsored agencies which are not backed by the full faith and credit of the United States of America: a) Federal Home Loan Mortgage Corporation (FHLMC) senior debt obligations and Participation certificates (excluded are stripped mortgage securities which are purchased at prices exceeding their principal amounts) 9 4149-8008-7896.11 b) Farm Credit System (formerly Federal Land Banks, Federal Intermediate Credit Banks and Banks for Cooperatives) consolidated system-wide bonds and notes c) Federal Home Loan Banks (FHL Banks) consolidated debt obligations d) Federal National Mortgage Association (FNMA) senior debt obligations and mortgage-backed securities (excluded are stripped mortgage securities which are purchased at prices exceeding their principal amounts) 4. Unsecured certificates of deposit (including those placed by a third party pursuant to a separate agreement between the City and the Trustee), time deposits, trust funds, trust accounts, overnight bank deposits, interest bearing deposits, interest bearing money market accounts, other deposit products and bankers’ acceptances (having maturities of not more than 365 days) of any bank, including the Trustee and its affiliates, the short-term obligations of which are rated “A-l+” or better by S&P or “Prime-1” by Moody’s. 5. Deposits the aggregate amount of which are fully insured by the Federal Deposit Insurance Corporation, in banks which have capital and surplus of at least $15 million. 6. Commercial paper (having original maturities of not more than 270 days) rated “A-1+” by S&P or “Prime-1” by Moody’s. 7. Money market mutual funds rated at least “Aam” or “AAm-G” by S&P, or rated “Aa2” or better by Moody’s which shall include funds for which the Trustee, its parent holding company, if any, or any affiliates as subsidiaries of the Trustee provide investment advisory or management services and receive and retain fees for services to such fund, whether as a custodian, transfer agent, investment advisor or otherwise. 8. “State Obligations”, which means: a) Direct general obligations of any state of the United States of America or any subdivision or agency thereof to which is pledged the full faith and credit of a state the unsecured general obligation debt of which is rated at least “A3” by Moody’s or at least “A-” by S&P, or any obligation fully and unconditionally guaranteed by any state, subdivision or agency whose unsecured general obligation debt is so rated. b) Direct general short-term obligations of any state agency or subdivision or agency thereof described in (a) above and rated at least “A-1+” by S&P or “MIG-1” by Moody’s. 10 4149-8008-7896.11 c) Special Revenue Bonds (as defined in the United States Bankruptcy Code) of any state or state agency described in (b) above and rated “AA-” or better by S&P or “Aa3” or better by Moody’s. 9. Pre-refunded municipal obligations rated “AA+” by S&P or “Aa1” by Moody’s meeting the following requirements: a) the municipal obligations are (1) not subject to redemption prior to maturity or (2) the trustee for the municipal obligations has been given irrevocable instructions concerning their call and redemption and the issuer of the municipal obligations has covenanted not to redeem such municipal obligations other than as set forth in such instructions; b) the municipal obligations are secured by cash or U.S. Treasury Obligations which may be applied only to payment of the principal of, interest and premium on such municipal obligations; c) the principal of and interest on the U.S. Treasury Obligations (plus any cash in the escrow) has been verified by the report of independent certified public accountants to be sufficient to pay in full all principal of, interest, and premium, if any, due and to become due on the municipal obligations (“Verification Report”); d) the cash or U.S. Treasury Obligations serving as security for the municipal obligations are held by an escrow agent or trustee in trust for owners of the municipal obligations; e) no substitution of a U.S. Treasury Obligation shall be permitted except with another U.S. Treasury Obligation and upon delivery of a new Verification Report; and f) the cash or U.S. Treasury Obligations are not available to satisfy any other claims, including those by or against the trustee or escrow agent. 10. Repurchase agreements: with (1) any domestic bank, or domestic branch of a foreign bank, the long term debt of which is rated at least “A-” by S&P or “A3” Moody’s; or (2) any broker-dealer with “retail customers” or a related affiliate thereof which broker- dealer has, or the parent company (which guarantees the provider) of which has, long-term debt rated at least “A-” by S&P or “A3” by Moody’s, which broker-dealer falls under the jurisdiction of the Securities Investors Protection Corporation; or (3) any other entity rated at least “A-” by S&P or “A3” Moody’s and acceptable to the Bond Insurer (each an “Eligible Provider”), provided that: a) (i) permitted collateral shall include U.S. Treasury Obligations, or senior debt obligations of GNMA, FNMA or FHLMC (no collateralized mortgage obligations shall be permitted for these 11 4149-8008-7896.11 providers), and (ii) collateral levels must be at least 102% of the total principal when the collateral type is U.S. Treasury Obligations, 103% of the total principal when the collateral type is GNMA’s and 104% of the total principal when the collateral type is FNMA and FHLMC (“Eligible Collateral”); b) the trustee or a third party acting solely as agent therefore or for the issuer (the “Custodian”) has possession of the collateral or the collateral has been transferred to the Custodian in accordance with applicable state and federal laws (other than by means of entries on the transferor’s books) and such collateral shall be marked to market; c) the collateral shall be marked to market on a daily basis and the provider or Custodian shall send monthly reports to the Trustee, the Authority and the Bond Insurer setting forth the type of collateral, the collateral percentage required for that collateral type, the market value of the collateral on the valuation date and the name of the Custodian holding the collateral; d) the repurchase agreement (or guaranty, if applicable) may not be assigned or amended without the prior written consent of the Bond Insurer; e) the repurchase agreement shall state and an opinion of counsel shall be rendered at the time such collateral is delivered that the Custodian has a perfected first priority security interest in the collateral, any substituted collateral and all proceeds thereof; f) the repurchase agreement shall provide that if during its term the provider’s rating by either Moody’s or S&P is withdrawn or suspended or falls below “A3 by Moody’s or “A-” by S&P or, as appropriate, the provider must, notify the Authority, the Trustee and the Bond Insurer within five (5) days of receipt of such notice. Within ten (10) days of receipt of such notice, the provider shall either: (i) provide a written guarantee acceptable to the Bond Insurer, (ii) post Eligible Collateral, or (iii) assign the agreement to an Eligible Provider. If the provider does not perform a remedy within ten (10) business days, the provider shall, at the direction of the trustee (who shall give such direction if so directed by the Bond Insurer) repurchase all collateral and terminate the repurchase agreement, with no penalty or premium to the Authority or the Trustee. 11. Investment agreements: with a domestic or foreign bank or corporation the long-term debt of which, or, in the case of a guaranteed corporation the long-term debt, or, in the case of a monoline financial guaranty insurance company, claims paying ability, of 12 4149-8008-7896.11 the guarantor is rated at least “AA-” by S&P or “Aa3” by Moody’s, and acceptable to the Bond Insurer (each an “Eligible Provider”); provided that: a) interest payments are to be made to the trustee at times and in amounts as necessary to pay debt service (or, if the investment agreement is for the construction fund, construction draws) on the Series 2025 Bonds: b) the invested funds are available for withdrawal without penalty or premium, at any time upon not more than seven (7) days’ prior notice; the Authority and the Trustee agree to give or cause to be given notice in accordance with the terms of the investment agreement so as to receive funds thereunder with no penalty or premium paid; c) the provider shall send monthly reports to the Trustee, the Authority and the Bond Insurer setting forth the balance the Authority or Trustee has invested with the provider and the amounts and dates of interest accrued and paid by the provider; d) the investment agreement shall state that is an unconditional and general obligation of the provider, and is not subordinated to any other obligation of, the provider thereof or, if the provider is a bank, the agreement or the opinion of counsel shall state that the obligation of the provider to make payments thereunder ranks pari passu with the obligations of the provider to its other depositors and its other unsecured and unsubordinated creditors; e) the investment agreement (or guaranty, if applicable) may not be assigned or amended without the prior written consent of the Bond Insurer; f) the Authority, the Trustee and the Bond Insurer shall receive an opinion of domestic counsel to the provider that such investment agreement is legal, valid, binding and enforceable against the provider in accordance with its terms; g) the Authority, the Trustee and the Bond Insurer shall receive an opinion of foreign counsel to the provider (if applicable) that (i) the investment agreement has been duly authorized, executed and delivered by the provider and constitutes the legal, valid and binding obligation of the provider, enforceable against the provider in accordance with its terms, (b) the choice of law of the state set forth in the investment agreement is valid under that country’s laws and a court in such country would uphold such choice of law, and (c) any judgment rendered by a court in the United States would be recognized and enforceable in such country; 13 4149-8008-7896.11 h) the investment agreement shall provide that if during its term: i) the provider’s rating by either S&P or Moody’s falls below “AA-” or “Aa3”, the provider shall, at its option, within ten (10) days of receipt of publication of such downgrade, either (i) provide a written guarantee acceptable to the Bond Insurer, (ii) post Eligible Collateral with the Authority, the Trustee or a third party acting solely as agent therefore (the “Custodian”) free and clear of any third party liens or claims, or (iii) assign the agreement to an Eligible Provider, or (iv) repay the principal of and accrued but unpaid interest on the investment; ii) the provider’s rating by either S&P or Moody’s is withdrawn or suspended or falls below “A-” or “A3”, the provider must, at the direction of the Authority or the Trustee (who shall give such direction if so directed by the Insurer), within ten (10) days of receipt of such direction, repay the principal of and accrued but unpaid interest on the investment, in either case with no penalty or premium to the Authority or Trustee. i) in the event the provider is required to collateralize, permitted collateral shall include U.S. Treasury Obligations, or senior debt obligations of GNMA, FNMA or FHLMC (no collateralized mortgage obligations shall be permitted for these providers) and collateral levels must be 102% of the total principal when the collateral type is U.S. Treasury Obligations, 103% of the total principal when the collateral type is GNMA’s and 104% of the total principal when the collateral type is FNMA and FHLMC (“Eligible Collateral”). In addition, the collateral shall be marked to market on a daily basis and the provider or Custodian shall send monthly reports to the Trustee, the Authority and the Bond Insurer setting forth the type of collateral, the collateral percentage required for that collateral type, the market value of the collateral on the valuation date and the name of the Custodian holding the collateral; j) the investment agreement shall state and an opinion of counsel shall be rendered, in the event collateral is required to be pledged by the provider under the terms of the investment agreement, at the time such collateral is delivered, that the Custodian has a perfected first priority security interest in the collateral, any substituted collateral and all proceeds thereof; k) the investment agreement must provide that if during its term: (i) the provider shall default in its payment obligations, the provider’s obligations under the investment agreement shall, at the direction of the Authority or the Trustee (who shall give such direction if so 14 4149-8008-7896.11 directed by the Bond Insurer), be accelerated and amounts invested and accrued but unpaid interest thereon shall be repaid to the Authority or Trustee, as appropriate, and (ii) the provider shall become insolvent, not pay its debts as they become due, be declared or petition to be declared bankrupt, etc. (“event of insolvency”), the provider’s obligations shall automatically be accelerated and amounts invested and accrued but unpaid interest thereon shall be repaid to the Authority or Trustee, as appropriate. 12. Such other investments as are approved in writing by the Bond Insurer. Ratings of Permitted Investments shall be determined at the time of purchase of such Permitted Investments and without regard to ratings subcategories. Principal Account The term “Principal Account” means the account by that name established and maintained by the Trustee pursuant to Section 4.03. Projects The term “Projects” means the Series 2025 Project and all Additional Projects. Record Date The term “Record Date” means, with respect to an Interest Payment Date, the fifteenth day of the month immediately preceding such Interest Payment Date, whether or not such day is a Business Day. Representation Letter The term “Representation Letter” means the letter of representation to The Depository Trust Company, New York, New York, from the Authority and the Trustee. Reserve Account The term “Reserve Account” means an account by that name established and maintained by the Trustee pursuant to a Supplemental Trust Agreement with respect to any series of Additional Bonds. Reserve Account Requirement The term “Reserve Account Requirement,” with respect to any series of Additional Bonds, shall have the meaning ascribed thereto in the applicable Supplemental Trust Agreement. Reserve Facility The term “Reserve Facility” means a surety bond, insurance policy or letter of credit credited to a Reserve Account and meeting the requirements of Section 4.04 hereof. 15 4149-8008-7896.11 Reserve Facility Provider The term “Reserve Facility Provider” means any provider of a Reserve Facility. Revenue Fund The term “Revenue Fund” means the fund by that name established and maintained by the Trustee pursuant to Section 4.02, together with all funds and accounts established therein. Revenues The term “Revenues” means all Base Rental Payments received by the Trustee pursuant to the Facilities Sublease (but not Additional Payments) and all interest or other income from any investment, pursuant to Section 4.06, of any money in the funds and accounts established hereunder. Securities Depositories The term “Securities Depositories” means: The Depository Trust Company, 55 Water Street, 50th Floor, New York, NY 10041-0099, Attn: Call Notification Department, Fax: (212) 855-7232; or such other addresses and/or such other securities depositories as the Authority may designate to the Trustee. Series The term “Series,” or “series” whenever used herein with respect to Bonds, means all of the Bonds designated as being of the same series, authenticated and delivered in a simultaneous transaction, regardless of variations in maturity, interest rate, redemption and other provisions, and any Bonds thereafter authenticated and delivered upon transfer or exchange or in lieu of or in substitution for (but not to refund) such Bonds as herein provided. [Series 2025 Bond Insurance Policy The term “Series 2025 Bond Insurance Policy” means that financial guaranty insurance policy issued by the Series 2025 Bond Insurer insuring payment when due of the principal of and interest on the Series 2025 Bonds.] [Series 2025 Bond Insurer The term “Series 2025 Bond Insurer” means _______________, or any successor thereto or assigns thereof.] Series 2025 Bonds The term “Series 2025 Bonds” means the Series 2025A Bonds and Series 2025B Bonds. 16 4149-8008-7896.11 Series 2025 Project The term “Series 2025 Project” means the capital improvement projects to be financed with the proceeds of the Series 2025 Bonds, specifically, the construction of Fire Station No. 12, to be located at 3315 W. Ashlan Avenue, Fresno, California 93722, 911 Emergency Call Center, to be located at 1515 El Dorado Street, Fresno, California 93706, and Police Department Headquarters Tenant Improvements, to be located at _______________. Series 2025A Bonds The term “Series 2025A Bonds” means the Authority’s Lease Revenue Bonds (Public Safety Projects), Series 2025A. Series 2025A Capitalized Interest Subaccount The term “Series 2025A Capitalized Interest Subaccount” means the subaccount in the Interest Account established pursuant to Section 2.11 hereof. Series 2025B Bonds The term “Series 2025B Bonds” means the Authority’s Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable). Series 2025B Capitalized Interest Subaccount The term “Series 2025B Capitalized Interest Subaccount” means the subaccount in the Interest Account established pursuant to Section 2.11 hereof. S&P The term “S&P” means S&P Global Ratings, its successors and assigns, except that if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, then the term S&P shall be deemed to refer to any other nationally recognized securities rating agency selected by the City. State The term “State” means the State of California. Supplemental Trust Agreement The term “Supplemental Trust Agreement” means any trust agreement then in full force and effect which has been duly executed and delivered by the Authority and the Trustee amendatory hereof or supplemental hereto; but only if and to the extent that such Supplemental Trust Agreement is specifically authorized hereunder. 17 4149-8008-7896.11 Tax Certificate The term “Tax Certificate” means the Tax Certificate, dated the date of issuance of the Series 2025A Bonds, executed by the Authority and the City. Tax-Exempt Bonds The term “Tax-Exempt Bonds” means Bonds the interest on which is excluded from gross income for federal income purposes. Title Policy The term “Title Policy” means the title insurance policy or policies delivered to the Trustee in connection with the Bonds. Term Bonds The term “Term Bonds” means Bonds payable at or before their specified maturity date or dates from Mandatory Sinking Account Payments established for that purpose and calculated to retire such Bonds on or before their specified maturity date or dates. Trust Agreement The term “Trust Agreement” means this Master Trust Agreement, dated as of September 1, 2025, between the Authority and the Trustee, as originally executed and as it may from time to time be amended or supplemented by all Supplemental Trust Agreements executed pursuant to the provisions hereof. Trustee The term “Trustee” means The Bank of New York Mellon Trust Company, N.A., or any other association or corporation which may at any time be substituted in its place as provided in Section 6.01. Written Request of the Authority The term “Written Request of the Authority” means an instrument in writing signed by the Chairperson, Secretary or Treasurer and Controller of the Authority, or by any such officer’s duly appointed designee, or by any other officer of the Authority duly authorized by the Authority for that purpose. Written Request of the City The term “Written Request of the City” means an instrument in writing signed by the Mayor, City Manager, Controller or by any such officer’s duly appointed designee, or by any other officer of the City duly authorized by the City Council of the City for that purpose. SECTION 1.02 Equal Security. In consideration of the acceptance of the Bonds by the Holders, the Trust Agreement shall be deemed to be and shall constitute a contract 18 4149-8008-7896.11 among the Authority, the Trustee and the Holders from time to time of all Bonds authorized, executed, issued and delivered hereunder and then Outstanding to secure the full and final payment of the interest on and principal of and redemption premiums, if any, on all Bonds which may from time to time be authorized, executed, issued and delivered hereunder, subject to the agreements, conditions, covenants and provisions contained herein; and all agreements and covenants set forth herein to be performed by or on behalf of the Authority shall be for the equal and proportionate benefit, protection and security of all Holders without distinction, preference or priority as to security or otherwise of any Bonds over any other Bonds by reason of the series, number or date thereof or the time of authorization, sale, execution, issuance or delivery thereof or for any cause whatsoever, except as expressly provided herein or therein. ARTICLE II ISSUANCE OF BONDS SECTION 2.01 Authorization and Purpose of Series 2025 Bonds. The Authority has reviewed all proceedings heretofore taken relative to the authorization of the Series 2025 Bonds and has found, as a result of such review, that all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in the issuance of the Series 2025 Bonds do exist, have happened and have been performed in due time, form and manner as required by law, and that the Authority is now duly authorized, pursuant to each and every requirement of the Act, to issue the Series 2025 Bonds in the form and manner provided herein for the purpose of providing funds to finance the Series 2025 Project, and that the Series 2025 Bonds shall be entitled to the benefit, protection and security of the provisions hereof. SECTION 2.02 Terms of the Series 2025 Bonds. The Series 2025A Bonds shall be designated “Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025A” and shall be in the aggregate principal amount of [2025A PAR WRITTEN OUT] Dollars ($[2025A PAR]). The Series 2025A Bonds shall be dated the date of original delivery, shall be issued only in fully registered form in denominations of five thousand dollars ($5,000) or any integral multiple of five thousand dollars ($5,000) (not exceeding the principal amount of Series 2025A Bonds maturing at any one time), and shall mature on the dates and in the principal amounts and bear interest at the rates as set forth in the following schedule: Maturity Date (April 1) Principal Amount Interest Rate 19 4149-8008-7896.11 Maturity Date (April 1) Principal Amount Interest Rate The Series 2025B Bonds shall be designated “Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable)” and shall be in the aggregate principal amount of [2025B PAR WRITTEN OUT] Dollars ($[2025B PAR]). The Series 2025B Bonds shall be dated the date of original delivery, shall be issued only in fully registered form in denominations of five thousand dollars ($5,000) or any integral multiple of five thousand dollars ($5,000) (not exceeding the principal amount of Series 2025B Bonds maturing at any one time), and shall mature on the dates and in the principal amounts and bear interest at the rates as set forth in the following schedule: Maturity Date (April 1) Principal Amount Interest Rate The principal of the Series 2025 Bonds shall be payable in lawful money of the United States of America at the corporate trust office of the Trustee in Los Angeles, California or such other place as designated by the Trustee. The Series 2025 Bonds shall bear interest at the rates set forth above, payable on [FIRST IPD], and semiannually thereafter on April 1 and October 1 in each year. Interest on the Series 2025 Bonds shall be computed using a year of 360 days consisting of twelve 30-day months. The Series 2025 Bonds shall bear interest from the Interest Payment Date next preceding the date of authentication thereof, unless such date of authentication is an Interest Payment Date or during the period from the sixteenth day of the month preceding an Interest Payment Date to such Interest Payment Date, in which event they shall bear interest from such Interest Payment Date, or unless such date of authentication is on or before the first Record Date, in which event they shall bear interest from the date of original delivery; provided, however, that if at the time of authentication of any Series 2025 Bond interest is then in default on the Outstanding Series 2025 Bonds, such Series 2025 Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment on the Outstanding Series 2025 Bonds. 20 4149-8008-7896.11 Payment of interest on the Series 2025 Bonds due on or before the maturity or prior redemption thereof shall be made on the Interest Payment Date to the person whose name appears in the Series 2025 Bonds registration books kept by the Trustee pursuant to Section 2.08 as the registered owner thereof as of the close of business on the Record Date for an Interest Payment Date, whether or not such day is a Business Day, such interest to be paid by check mailed on the Interest Payment Date by first-class mail to such registered owner at the address as it appears in such books; provided that upon the written request of a Holder of $1,000,000 or more in aggregate principal amount of Series 2025 Bonds received by the Trustee prior to the applicable Record Date, interest shall be paid by wire transfer in immediately available funds. SECTION 2.03 Redemption of Bonds and Series 2025 Bonds. (a) Optional Redemption. (i) The Series 2025A Bonds maturing on or after April 1, 20__ are also subject to redemption prior to their respective stated maturities at the written direction of the Authority, from any moneys deposited by the Authority or the City, as a whole or in part on any date (in such maturities as are designated in writing by the Authority to the Trustee) on or after April 1, 20__, at the redemption price of 100% of the principal amount thereof, together with accrued interest to the date fixed for redemption. (ii) [The Series 2025B Bonds are not subject to optional redemption.] (b) [Mandatory Sinking Fund Redemption. The Series 2025[A] Bonds maturing on April 1, 20__, upon notice as hereinafter provided, shall also be subject to mandatory sinking fund redemption prior to maturity, in part on April 1 of each year on and after April 1, 20__, by lot, from and in the amount of the Mandatory Sinking Account Payments set forth below at a redemption price equal to the sum of the principal amount thereof plus accrued interest thereon to the redemption date, without premium. The Trustee shall establish and maintain within the Principal Account a separate account for the Series 2025[A] Term Bonds designated as the Series 2025[A] Term Bonds Sinking Account. Subject to the terms and conditions set forth in this Section and Section 4.03, the Series 2025[A] Term Bonds maturing on April 1, 20__ shall be redeemed (or paid at maturity, as the case may be) by application of Mandatory Sinking Account Payments in the amounts and upon the dates hereby established for the 2025[A] Term Bonds Sinking Account, as follows: 21 4149-8008-7896.11 20__ Term Bonds 2025[A] Sinking Account Payments Mandatory Sinking Account Payment Date (April 1) Mandatory Sinking Account Payments _________________ *Maturity At any time prior to giving notice of redemption of Term Bonds, the Trustee shall apply moneys in the Sinking Account to the purchase of Term Bonds of such maturity at public or private sale, as and when and at such prices (including brokerage and other charges, but excluding accrued interest, which is payable from the Interest Account) as may be directed by the City, except that the purchase price (excluding accrued interest) shall not exceed the redemption price that would be payable for such Bonds upon redemption by application of such Mandatory Sinking Account Payment. Any Bonds purchased by the Trustee pursuant to this Section shall be retired and cancelled by the Trustee. If some but not all of the Terms Bonds have been redeemed pursuant to subsections 2.03(a) or 2.03(c), the total amount of all sinking account payments shall be reduced by the aggregate principal amount of Bonds so redeemed to be allocated among such Mandatory Sinking Account payments as determined by the Authority (notice of which determination shall be given by the City to the Trustee and shall include a revised sinking fund schedule).] (c) Extraordinary Redemption. The Bonds are subject to redemption by the Authority on any date prior to their respective stated maturities, upon notice as hereinafter provided, as a whole, or in part by lot within each stated maturity in integral multiples of five thousand dollars ($5,000), from prepayments made by the City pursuant to Section 7.02(a) of the Facilities Sublease, at a redemption price equal to the sum of the principal amount thereof, without premium, plus accrued interest thereon to the redemption date. Whenever less than all of the Outstanding Bonds are to be redeemed on any one date, the Trustee shall select the Bonds to be redeemed in part from the Outstanding Bonds among Series and from such maturities selected by the Authority, provided that the aggregate annual debt service on Bonds which shall be payable after such redemption date shall be as nearly proportional as practicable to the aggregate annual debt service on Bonds Outstanding prior to such redemption date. (d) Selection; Notice of Redemption. If less than all Outstanding Series 2025 Bonds maturing by their terms on any one date are to be redeemed at any one time, the Trustee shall select the Series 2025 Bonds of such maturity date to be redeemed in from such maturities as are designated by the Authority (or if the Authority fails to designate such maturities, in inverse 22 4149-8008-7896.11 order of maturity) and by lot within a maturity, subject to the procedures of the securities depository, if applicable. For purposes of such selection, Series 2025 Bonds shall be deemed to be composed of $5,000 multiples of principal, and any such multiple may be separately redeemed. Notice of redemption shall be mailed by first-class mail by the Trustee at the written direction of the Authority (delivered to the Trustee no later than 45 days prior to the redemption date unless waived by the Trustee) not less than twenty (20) nor more than sixty (60) days prior to the redemption date to (i) the respective Holders of the Series 2025 Bonds designated for redemption at their addresses appearing on the registration books of the Trustee, (ii) the Municipal Securities Rulemaking Board, and (iii) the Securities Depositories. Notice of redemption to the Securities Depositories shall be given by registered mail, electronic mail or overnight delivery or Electronic Means. Each notice of redemption shall state the date of such notice, the redemption price, if any, (including the name and appropriate address of the Trustee), the CUSIP number (if any) of the maturity or maturities, and, if less than all of any such maturity is to be redeemed, the distinctive certificate numbers of the Series 2025 Bonds of such maturity to be redeemed and, in the case of Series 2025 Bonds to be redeemed in part only, the respective portions of the principal amount to be redeemed. Each such notice shall also state that on said date there will become due and payable on each of said Series 2025 Bonds the redemption price, if any, thereof and in the case of a Series 2025 Bond to be redeemed in part only, the specified portion of the principal amount to be redeemed, together with interest accrued thereon to the redemption date, and that from and after such redemption date interest thereon shall cease to accrue, and shall require that such Series 2025 Bonds be then surrendered at the address of the Trustee specified in the redemption notice. Failure to receive such notice shall not invalidate any of the proceedings taken in connection with such redemption. At the Written Request of the City, the Trustee’s notice of redemption with respect to an optional redemption of Bonds shall provide that such redemption is conditional upon receipt by the Trustee of sufficient moneys to redeem the Bonds or portion thereof, including moneys to pay any redemption premium (a “Conditional Redemption”). The Trustee shall rescind any Conditional Redemption if sufficient moneys have not been deposited with the Trustee on or before the redemption date. The Trustee shall give notice of rescission to the Bond Owners of any Bonds designated for redemption by the same means and in the same manner described in the preceding paragraph. The optional redemption shall be canceled once the Trustee has given notice of rescission. Any portion of the Bonds subject to Conditional Redemption where such redemption has been rescinded shall remain Outstanding, and neither the rescission nor the failure of funds being made available in part or in whole on or before the redemption date shall constitute an Event of Default. If notice of redemption has been duly given as aforesaid and money for the payment of the redemption price of, together with interest accrued to the date fixed for redemption, the Series 2025 Bonds called for redemption is held by the Trustee, then on the redemption date designated in such notice Series 2025 Bonds so called for redemption shall become due and payable, and from and after the date so designated interest on such Series 2025 Bonds shall cease to accrue, and the Holders of such Series 2025 Bonds shall have no rights in respect thereof except to receive payment of the redemption price thereof. 23 4149-8008-7896.11 All Series 2025 Bonds redeemed pursuant to the provisions of this Section shall be cancelled by the Trustee and shall be destroyed with a certificate of destruction furnished to the Authority upon its request and shall not be reissued. SECTION 2.04 Form of Bonds. The Bonds and the authentication and registration endorsement and assignment to appear thereon shall be substantially in the form set forth in Exhibit A hereto attached and by this reference herein incorporated. SECTION 2.05 Execution of Bonds. The Chairperson of the Authority is hereby authorized and directed to execute each of the Bonds on behalf of the Authority and the Secretary of the Authority is hereby authorized and directed to countersign each of the Bonds on behalf of the Authority. The signatures of such officers may be by printed, lithographed or engraved by facsimile reproduction. In case any officer whose signature appears on the Bonds shall cease to be such officer before the delivery of the Bonds to the purchaser thereof, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until such delivery of the Bonds. Only those Bonds bearing thereon a certificate of authentication and registration in the form hereinbefore recited, executed manually and dated by the Trustee, shall be entitled to any benefit, protection or security hereunder or be valid or obligatory for any purpose, and such certificate of the Trustee shall be conclusive evidence that the Bonds so authenticated and registered have been duly authorized, executed, issued and delivered hereunder and are entitled to the benefit, protection and security hereof. SECTION 2.06 Transfer and Payment of Bonds. Any Bonds may, in accordance with its terms, be transferred in the books required to be kept pursuant to the provisions of Section 2.08 by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bonds for cancellation accompanied by delivery of a duly executed written instrument of transfer in a form acceptable by the Trustee. Whenever any Bond or Bonds shall be surrendered for transfer, the Authority shall execute and the Trustee shall authenticate and deliver to the transferee a new Bond or Bonds of the same series and maturity for a like aggregate principal amount of authorized denominations. The Trustee shall require the payment by the Holder requesting such transfer of any tax or other governmental charge required to be paid with respect to such transfer as a condition precedent to the exercise of such privilege. The cost of printing Bonds and any services rendered or expenses incurred by the Trustee in connection with any transfer shall be paid by the Authority. The Authority and the Trustee may deem and treat the registered owner of any Bonds as the absolute owner of such Bonds for the purpose of receiving payment thereof and for all other purposes, whether such Bonds shall be overdue or not, and neither the Authority nor the Trustee shall be affected by any notice or knowledge to the contrary; and payment of the interest on and principal of and redemption premium, if any, on such Bonds shall be made only to such registered owner, which payments shall be valid and effectual to satisfy and discharge liability on such Bonds to the extent of the sum or sums so paid. The Trustee shall not be required to register the transfer of or exchange any Bonds which have been selected for redemption in whole or in part, from and after the day of mailing of 24 4149-8008-7896.11 a notice of redemption of such Bond selected for redemption in whole or in part as provided in Section 2.03 or during the period established by the Trustee for selection of Bonds for redemption. The transferor shall also provide or cause to be provided to the Trustee all information necessary to allow the Trustee to comply with any applicable tax reporting obligations, including without limitation any cost basis reporting obligations under Internal Revenue Code Section 6045. The Trustee may rely on the information provided to it and shall have no responsibility to verify or ensure the accuracy of such information. SECTION 2.07 Exchange of Bonds. Bonds may be exchanged at the corporate trust office of the Trustee in Los Angeles, California or such other place as designated by the Trustee for a like aggregate principal amount of Bonds of the same series and maturity of other authorized denominations. The Trustee shall require the payment by the Holder requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange as a condition precedent to the exercise of such privilege. The cost of printing Bonds and any services rendered or expenses incurred by the Trustee in connection with any exchange shall be paid by the Authority. The Trustee shall not be required to exchange any Bond which has been selected for redemption in whole or in part, from and after the day of mailing of a notice of redemption of such Bond selected for redemption in whole or in part as provided in Section 2.03 or during the period established by the Trustee for selection of Bonds for redemption. The transferor shall also provide or cause to be provided to the Trustee all information necessary to allow the Trustee to comply with any applicable tax reporting obligations, including without limitation any cost basis reporting obligations under Internal Revenue Code Section 6045. The Trustee may rely on the information provided to it and shall have no responsibility to verify or ensure the accuracy of such information. SECTION 2.08 Bond Registration Books. The Trustee will keep sufficient books for the registration and transfer of the Bonds which shall during normal business hours and upon reasonable written notice, be open to inspection by the Authority, and upon presentation for such purpose the Trustee shall, under such reasonable regulations as it may prescribe, register or transfer the Bonds in such books as hereinabove provided. SECTION 2.09 Mutilated, Destroyed, Stolen or Lost Bonds. If any Bond shall become mutilated the Trustee at the expense of the Holder shall thereupon authenticate and deliver, a new Bond of like tenor and amount in exchange and substitution for the Bond so mutilated, but only upon surrender at the corporate trust office of the Trustee in Los Angeles, California or such other place as designated by the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be cancelled. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee and, if such evidence be satisfactory to the Trustee and indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Holder, shall thereupon authenticate and deliver, a new Bond of like tenor in lieu of and in substitution for the Bond so lost, destroyed or stolen. The Trustee may require payment of a reasonable sum for each new Bond issued under this Section and of the expenses which may be incurred by the Authority and the Trustee in 25 4149-8008-7896.11 the premises. Any Bond issued under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen shall be equally and proportionately entitled to the benefits of this Trust Agreement with all other Bonds. Neither the Authority nor the Trustee shall be required to treat both the original Bond and any replacement Bond as being Outstanding for the purpose of determining the principal amount of Bonds which may be issued hereunder or for the purpose of determining any percentage of Bonds Outstanding hereunder, but both the original and replacement Bond shall be treated as one and the same. SECTION 2.10 Temporary Bonds. The Bonds issued under this Trust Agreement may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the Authority, shall be in fully registered form and may contain such reference to any of the provisions of this Trust Agreement as may be appropriate. Every temporary Bond shall be executed and authenticated as authorized by the Authority, in accordance with the terms of the Act. If the Authority issues temporary Bonds it will execute and furnish definitive Bonds without delay and thereupon the temporary Bonds may be surrendered, for cancellation, in exchange therefor at the corporate trust office of the Trustee in Los Angeles, California, or such other place as designated by the Trustee and the Trustee shall deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations. Until so exchanged, the temporary Bonds shall be entitled to the same benefits under this Trust Agreement as definitive Bonds delivered hereunder. SECTION 2.11 Procedure for the Issuance of Series 2025 Bonds. (a) At any time after the sale of the Series 2025 Bonds in accordance with the Act, the Authority shall execute the Series 2025 Bonds for issuance hereunder and shall deliver them to the Trustee, and thereupon the Series 2025 Bonds shall be authenticated and delivered by the Trustee to the purchaser thereof upon the Written Request of the Authority and upon receipt of payment therefor from the purchaser thereof. (b) Upon receipt of payment for the Series 2025A Bonds from the purchaser thereof, the Trustee shall set aside and deposit the proceeds received from such sale in the following respective accounts or funds or with the following respective persons, in the following order of priority: (i) The Trustee shall deposit $_______ in the Costs of Issuance Fund, which fund is hereby established. (ii) The Trustee shall deposit $_______ in the Acquisition and Construction Fund, which fund is hereby established. (iii) The Trustee shall deposit $_______ in the Series 2025A Capitalized Interest Subaccount in the Interest Account, which subaccount is hereby established. (c) Upon receipt of payment for the Series 2025B Bonds from the purchaser thereof, the Trustee shall set aside and deposit the proceeds received from such sale in the following respective accounts or funds or with the following respective persons, in the following order of priority: 26 4149-8008-7896.11 (i) The Trustee shall deposit $_______ in the Costs of Issuance Fund. (ii) The Trustee shall deposit $_______ in the Series 2025B Capitalized Interest Subaccount in the Interest Account, which subaccount is hereby established. (d) The Trustee shall apply amounts in the Series 2025A Capitalized Interest Subaccount for the payment of interest on the Series 2025A Bonds. The Trustee shall transfer the following amounts on the following dates for the payment of interest on the Series 2025A Bonds: Interest Payment Date Amount October 1, 2025 $__________ April 1, 2026 $__________ October 1, 2026 $__________ April 1, 2027 $__________ October 1, 2027 $__________ April 1, 2028 $__________ October 1, 2028 $__________ (e) The Trustee shall apply amounts in the Series 2025B Capitalized Interest Subaccount for the payment of interest on the Series 2025A Bonds and the Series 2025B Bonds. The Trustee shall transfer the following amounts on the following dates for the payment of interest on the Series 2025A Bonds and the Series 2025B Bonds: Interest Payment Date Series 2025A Bonds - Amount Series 2025B Bonds - Amount October 1, 2025 - $__________ April 1, 2026 - $__________ October 1, 2026 - $__________ April 1, 2027 - $__________ October 1, 2027 - $__________ April 1, 2028 - $__________ October 1, 2028 $__________ $__________ April 1, 2029 $__________ $__________ (f) All money in the Costs of Issuance Fund shall be used and withdrawn by the Trustee at the Written Request of the Authority to pay the Costs of Issuance of the Bonds upon receipt of a Written Request of the Authority filed with the Trustee, each of which shall be sequentially numbered and shall state the person to whom payment is to be made, the amount to be paid, the purpose for which the obligation was incurred and that such payment is a proper charge against said fund. On [FIRST IPD], or upon the earlier Written Request of the Authority, any remaining balance in the Costs of Issuance Fund shall be transferred to the Revenue Fund. The Trustee may rely on any such request and shall not be required to make any investigation in connection therewith. In order to facilitate the application of proceeds of the Bonds, the Trustee shall have the authority to create a temporary account to facilitate such application. 27 4149-8008-7896.11 SECTION 2.12 Use of Moneys in the Acquisition and Construction Fund. All moneys in the Acquisition and Construction Fund shall be held by the Trustee in trust and applied by the Trustee to the payment of Costs of the Projects and of expenses incident thereto (or for making reimbursements to the Authority or the City or any other person, firm or corporation for such costs theretofore or thereafter paid by it). Before any payment is made from the Acquisition and Construction Fund by the Trustee, the City shall cause to be filed with the Trustee: (a) Written Request of the City, endorsed thereon, showing with respect to each payment to be made: (i) the particular subaccount from which such payment shall be made; (ii) the item number of the payment; (iii) the name and address of the person to whom payment is due; (iv) the amount to be paid; and (v) the purpose for which the obligation to be paid was incurred. The Trustee is not responsible for determining whether any cost of construction is pursuant to a contract. Each such Written Request shall state, and shall be sufficient evidence to the Trustee: (b) that obligations in the stated amounts have been incurred and that each item thereof is a proper charge against the Acquisition and Construction Fund; and (c) that there has not been filed with or served upon the Authority or City notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to any of the persons named in such Written Request, which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen’s or mechanics’ liens accruing by mere operation of law. Additionally, each such Written Request shall contain representations to the effect that the amounts remaining in the Acquisition and Construction Fund, together with the earnings anticipated to be received on moneys in the Acquisition and Construction Fund during the period of construction of the Projects, will be sufficient to complete construction of the Projects, and that no Event of Default has occurred and is continuing. Upon receipt of each such Written Request and accompanying Certificates, the Trustee will pay the amount set forth in such Written Request as directed by the terms thereof. Each such Written Request shall be sufficient evidence to the Trustee of the facts stated therein and the Trustee shall have no duty to confirm the accuracy of such facts. The Trustee need not make any such payment if it has received notice of any lien, right to lien or attachment upon, or 28 4149-8008-7896.11 claim affecting the right to receive payment of, any of the moneys to be so paid, which has not been released or will not be released simultaneously with such payment. When the Projects shall have been completed, a Certificate of Completion, together with an Inspectors’ Certificate stating the fact and date of such completion, shall be delivered to the Trustee stating that all such costs of construction and incidental expenses have been determined and paid (or that all of such costs and expenses have been paid less specified claims which are subject to dispute and for which a retention in the Acquisition and Construction Fund is to be maintained in the full amount of such claims until such dispute is resolved). Upon the receipt of the Certificate of Completion for the Projects, the Trustee shall transfer any remaining balance in the Acquisition and Construction Fund (but less the amount of any such retention) to the Revenue Fund or, at the written request of the Authority, such excess shall be transferred to or at the direction of the Authority and applied for the acquisition, construction, installation or equipping of public capital improvements; provided, such transfer to the Authority shall be conditioned upon receipt by the Authority of an Opinion of Counsel that such transfer will not cause interest on the Tax-Exempt Bonds to be included in gross income for purposes of federal income taxation. SECTION 2.13 Validity of Bonds. The validity of the issuance of the Bonds shall not be dependent on or affected in any way by the proceedings taken by the Authority for the financing or refinancing of the Projects or by any contracts made by the Authority or its agents in connection therewith, and shall not be dependent upon the completion of the Projects or upon the performance by any person, firm or corporation of his or its obligation with respect thereto. The recital contained in the Bonds that the same are issued pursuant to the Act and pursuant hereto shall be conclusive evidence of their validity and of the regularity of their issuance, and all Bonds shall be incontestable from and after their issuance. The Bonds shall be deemed to be issued, within the meaning hereof, whenever the definitive Bonds (or any temporary Bonds exchangeable therefor) shall have been delivered to the purchaser thereof and the proceeds of sale thereof received. SECTION 2.14 Special Covenants as to Book-Entry Only System for Bonds. (a) Except as otherwise provided in subsections (b) and (c) of this Section, all of the Bonds initially issued shall be registered in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York (“DTC”), or such other nominee as DTC shall request pursuant to the Representation Letter. Payment of the interest on any Bond registered in the name of Cede & Co. shall be made on each Interest Payment Date for such Bonds to the account, in the manner and at the address indicated in or pursuant to the Representation Letter. (b) The Bonds initially shall be issued in the form of a single authenticated fully registered bond for each stated maturity of such Bonds, representing the aggregate principal amount of the Bonds of such maturity. Upon initial issuance, the ownership of all such Bonds shall be registered in the registration records maintained by the Trustee pursuant to Section 2.08 hereof in the name of Cede & Co., as nominee of DTC, or such other nominee as DTC shall request pursuant to the Representation Letter. The Trustee, the Authority and any paying agent may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of and interest on such Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to Holders hereunder, registering the transfer of Bonds, obtaining any consent or other action to 29 4149-8008-7896.11 be taken by Holders of the Bonds and for all other purposes whatsoever; and neither the Trustee nor the Authority or any paying agent shall be affected by any notice to the contrary. Neither the Trustee nor the Authority or any paying agent shall have any responsibility or obligation to any Participant (which shall mean, for purposes of this Section, securities brokers and dealers, banks, trust companies, clearing corporations and other entities, some of whom directly or indirectly own DTC), any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration records as being an Owner, with respect to (i) the accuracy of any records maintained by DTC or any Participant, (ii) the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, (iii) any notice which is permitted or required to be given to Holders of Bonds hereunder, (iv) the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or (v) any consent given or other action taken by DTC as Holder of Bonds. The Trustee shall pay all principal of and premium, if any, and interest on the Bonds only at the times, to the accounts, at the addresses and otherwise in accordance with the Representation Letter, and all such payments shall be valid and effective to satisfy fully and discharge the Authority’s obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. Upon delivery by DTC to the Trustee of written notice to the effect that DTC has determined to substitute a new nominee in place of its then existing nominee, the Bonds will be transferable to such new nominee in accordance with subsection (f) of this Section. (c) In the event that the Authority determines that it is in the best interests of the beneficial owners of the Bonds that they be able to obtain bond certificates, the Trustee shall, upon the written instruction of the Authority, so notify DTC, whereupon DTC shall notify the Participants of the availability through DTC of bond certificates. In such event, the Bonds will be transferable in accordance with subsection (f) of this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice of such discontinuance to the Authority or the Trustee and discharging its responsibilities with respect thereto under applicable law. In such event, the Bonds will be transferable in accordance with subsection (f) of this Section. Whenever DTC requests the Authority and the Trustee to do so, the Trustee and the Authority will cooperate with DTC in taking appropriate action after reasonable notice to arrange for another securities depository to maintain custody of all certificates evidencing the Bonds then Outstanding. In such event, the Bonds will be transferable to such securities depository in accordance with subsection (f) of this Section, and thereafter, all references in this Trust Agreement to DTC or its nominee shall be deemed to refer to such successor securities depository and its nominee, as appropriate. (d) Notwithstanding any other provision of this Trust Agreement to the contrary, so long as all Bonds Outstanding are registered in the name of any nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on each such Bond and all notices with respect to each such Bond shall be made and given, respectively, to DTC as provided in the Representation Letter. (e) The Trustee is hereby authorized and requested to execute and deliver the Representation Letter and, in connection with any successor nominee for DTC or any successor depository, enter into comparable arrangements, and shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Trust Agreement. 30 4149-8008-7896.11 (f) In the event that any transfer or exchange of Bonds is authorized under subsection (b) or (c) of this Section, such transfer or exchange shall be accomplished upon receipt by the Trustee from the registered owner thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee, all in accordance with the applicable provisions of Sections 2.06 and 2.07 hereof. In the event Bond certificates are issued to Holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, another securities depository as holder of all the Bonds, or the nominee of such successor securities depository, the provisions of Sections 2.06 and 2.07 hereof shall also apply to, among other things, the registration, exchange and transfer of the Bonds and the method of payment of principal of, premium, if any, and interest on the Bonds. In connection with any proposed transfer outside the book-entry system, the Authority, the City or DTC shall provide or cause to be provided to the Trustee all information necessary to allow the Trustee to comply with any applicable tax reporting obligations, including without limitation any cost basis reporting obligations under Internal Revenue Code Section 6045. The Trustee may rely on the information provided to it and shall have no responsibility to verify or ensure the accuracy of such information. ARTICLE III ISSUANCE OF ADDITIONAL BONDS SECTION 3.01 Conditions for the Issuance of Additional Bonds. The Authority may at any time issue Additional Bonds pursuant to a Supplemental Trust Agreement, payable from the Revenues as provided herein and secured by a pledge of and charge and lien upon the Revenues as provided herein equal to the pledge, charge and lien securing the Outstanding Bonds theretofore issued hereunder, and subject to the following specific conditions, which are hereby made conditions precedent to the issuance of any such Additional Bonds: (a) The Authority shall be in compliance with all agreements and covenants contained herein, and no Event of Default shall have occurred and be continuing. (b) The Supplemental Trust Agreement shall require that the proceeds of the sale of such Additional Bonds shall be applied to finance or refinance Projects, or for the refunding or repayment of any Bonds then Outstanding, including the payment of costs and expenses of and incident to the authorization and sale of such Additional Bonds. The Supplemental Trust Agreement may also provide that a portion of such proceeds shall be applied to the payment of the interest due or to become due on said Additional Bonds during the estimated period of any construction; provided, however that such use of proceeds of Additional Bonds that are Tax- Exempt Bonds shall be subject to the advice of Bond Counsel. (c) The Supplemental Trust Agreement shall provide, if necessary, that from such proceeds or other sources an amount shall be deposited in a Reserve Account so that following such deposit there shall be on deposit in such Reserve Account an amount at least equal to the Reserve Fund Account Requirement, if any. (d) The aggregate principal amount of Bonds issued and at any time Outstanding hereunder shall not exceed any limit imposed by law, by this Trust Agreement or by any Supplemental Trust Agreement. 31 4149-8008-7896.11 (e) The Facilities Sublease shall have been amended, if necessary, so that the Base Rental Payments payable by the City thereunder in each Fiscal Year shall at least equal projected Debt Service, including Debt Service on the Additional Bonds, in each Fiscal Year. (f) If the additional facilities, if any, to be leased are not situated on property described in the Facilities Lease, the Facilities Lease shall have been amended so as to lease to the Authority such additional property. SECTION 3.02 Proceedings for Authorization of Additional Bonds. Whenever the Authority and the City shall determine to execute and deliver any Additional Bonds pursuant to Section 3.01, the Authority and the Trustee shall enter into a Supplemental Trust Agreement providing for the issuance of such Additional Bonds, specifying the maximum principal amount of such Additional Bonds and prescribing the terms and conditions of such Additional Bonds. The Supplemental Trust Agreement shall prescribe the form or forms of such Additional Bonds and, subject to the provisions of Section 3.01, shall provide for the distinctive designation, denominations, method of numbering, dates, interest rates, provisions for redemption (if desired) and places of payment of principal and interest. Before such Additional Bonds shall be issued, the City and the Authority shall file or cause to be filed the following documents with the Trustee: (a) An Opinion of Counsel setting forth (1) that such Counsel has examined the Supplemental Trust Agreement and the amendment to the Facilities Sublease and Facilities Lease required by Section 3.01(e) and (f); (2) that the execution and delivery of the Additional Bonds have been and duly authorized by the City and the Authority; and (3) that said amendment to the Facilities Sublease and Facilities Lease, when duly executed by the City and the Authority, will be a valid and binding obligation of the City and the Authority. (b) A Certificate of the City that the requirements of Section 3.01 have been met. (c) A Certificate of the City stating that the insurance required by Article V of the Facilities Sublease is in effect. Upon the delivery to the Trustee of the foregoing instruments and upon the Trustee’s receipt of Certificates of the City and of the Authority stating that all applicable provisions of this Trust Agreement have been complied with (so as to permit the execution and delivery of the Additional Bonds in accordance with the Supplemental Trust Agreement then delivered to the Trustee), the Trustee shall execute and deliver said Additional Bonds, in the aggregate principal amount specified in such Supplemental Trust Agreement, to, or upon the Written Request of the Authority. SECTION 3.03 Limitations on the Issuance of Obligations Payable from Revenues. The Authority will not, so long as any of the Bonds are Outstanding, issue any obligations or securities, however denominated, payable in whole or in part from Revenues except the following: 32 4149-8008-7896.11 (a) Bonds of any Series authorized pursuant to Sections 3.01 and 3.02; (b) Obligations to a Reserve Facility Provider which are junior and subordinate to the payment of the principal, premium and interest on the Bonds; or (c) Obligations which are junior and subordinate to the payment of the principal, premium, interest and reserve fund requirements for the Bonds and which subordinated obligations are payable as to principal, premium, interest and reserve fund requirements, if any, only out of Revenues after the prior payment of all amounts then required to be paid hereunder from Revenues for principal, premium, interest and reserve fund requirements for the Bonds, as the same become due and payable and at the times and in the manner as required in this Trust Agreement. ARTICLE IV REVENUES SECTION 4.01 Pledge of Revenues. (a) All Revenues and any other amounts (including proceeds of the sale of the Bonds) held by the Trustee in the Revenue Fund are hereby irrevocably pledged to the payment of the interest and premium, if any, on and principal of the Bonds as provided herein, and the Revenues shall not be used for any other purpose while any of the Bonds remain Outstanding; provided, however, that out of the Revenues and other moneys there may be applied in such sums and for such purposes as are permitted hereunder including the replenishment of draws upon a Reserve Account. This pledge shall constitute a pledge of and charge and lien upon the Revenues and all other moneys on deposit in the Revenue Fund for the payment of the interest on and principal of the Bonds in accordance with the terms hereof. (b) The Authority hereby assigns to the Trustee all of its right, title and interest in the Facilities Lease and Facilities Sublease. SECTION 4.02 Receipt and Deposit of Revenues in the Revenue Fund; Assignment. To carry out and effectuate the pledge, charge and lien contained herein, the Authority agrees and covenants as follows: All Revenues are hereby assigned by the Authority to the Trustee for the benefit of the Holders and shall be deposited by the Trustee in the Revenue Fund, which fund is hereby created and which fund the Authority hereby agrees and covenants to maintain with the Trustee so long as any Bonds shall be Outstanding hereunder. All Revenues shall be accounted for through and held in trust in the Revenue Fund, and the Authority shall have no beneficial right or interest in any of the Revenues except only as herein provided. All Revenues, whether received by the Authority in trust or deposited with the Trustee as herein provided, shall nevertheless be allocated, applied and disbursed solely to the purposes and uses hereinafter in this Article set forth, and shall be accounted for separately and apart from all other accounts, funds, money or other resources of the Authority. SECTION 4.03 Establishment and Maintenance of Accounts for Use of Money in the Revenue Fund. Subject to Section 5.03, all money in the Revenue Fund shall be set aside by the Trustee in the following respective special accounts or funds within the Revenue 33 4149-8008-7896.11 Fund (each of which is hereby created and each of which the Trustee hereby covenants and agrees to cause to be maintained) in the following order of priority: (a) Interest Account, and (b) Principal Account. All money in each of such accounts shall be held in trust by the Trustee and shall be applied, used and withdrawn only for the purposes hereinafter authorized in this section. (c) Interest Account. On or before each April 1 and October 1, commencing on [FIRST IPD], the Trustee shall set aside from the Revenue Fund and deposit in the Interest Account that amount of money which is equal to the amount of interest coming due and payable on all Outstanding Bonds on such April 1 or October 1, as the case may be, less amounts contained therein (including pursuant to Section 2.11(d) and Section 2.11(e)). No deposit need be made in the Interest Account if the amount contained therein is at least equal to the aggregate amount of interest coming due and payable on all Outstanding Bonds on such Interest Payment Date. All money in the Interest Account shall be used and withdrawn by the Trustee solely for the purpose of paying the interest on the Bonds as it shall become due and payable (including accrued interest on any Bonds purchased or redeemed prior to maturity). (d) Principal Account. On or before each April 1, the Trustee shall set aside from the Revenue Fund and deposit in the Principal Account an amount of money equal to the principal amount (including the payment of principal with respect to any Mandatory Sinking Account Payments) of all Outstanding Bonds maturing or subject to Mandatory Sinking Account Payments on such April 1. No deposit need be made in the Principal Account if the amount contained therein is at least equal to the aggregate amount of the principal of all Outstanding Bonds maturing by their terms on such April 1. All money in the Principal Account shall be used and withdrawn by the Trustee solely for the purpose of paying the principal of the Bonds as they shall become due and payable, whether at maturity or redemption. SECTION 4.04 Reserve Surety Policies and Letters of Credit. (a) General. The Authority may satisfy a Reserve Account Requirement at any time by the deposit with the Trustee for the credit of a Reserve Account of a surety bond, an insurance policy or letter of credit as described below, or any combination thereof. If a Reserve Account Requirement is satisfied by a Reserve Facility, the Trustee shall draw on such Reserve Facility in accordance with its terms, in a timely manner, to the extent necessary to fund any deficiency in the related Interest Account or Principal Account. 34 4149-8008-7896.11 (i) Surety Bond or Insurance Policy. A surety bond or insurance policy issued to the Trustee, on behalf of the Holders of Bonds, by a company licensed to issue an insurance policy guaranteeing the timely payment of principal of and interest on the applicable series of Bonds (a “municipal bond Insurer”) may be deposited in a Reserve Account to meet a Reserve Account Requirement if the claims paying ability of such municipal bond insurer is rated at least equal to the second highest rating category (disregarding rating subcategories) by either Moody’s Investors Service or Standard & Poor’s at the time of deposit to a Reserve Account. (ii) Letter of Credit. A letter of credit may be deposited in a Reserve Account to meet a Reserve Account Requirement, provided that any such letter of credit must be issued or confirmed by a state or national bank or a foreign bank with an agency or branch located in the continental United States which has outstanding an issue of unsecured long term debt securities rated at least equal to the second highest rating category (disregarding rating subcategories) by either Moody’s Investors Service or Standard & Poor’s at the time of deposit to a Reserve Account. Unless the Bonds have been fully paid and retired, the Trustee shall draw the full amount of any letter of credit credited to a Reserve Account for such Bonds on the third Business Day preceding the date such letter of credit (taking into account any extension, renewal or replacement thereof) would otherwise expire, and shall deposit moneys realized pursuant to such draw in a Reserve Account. (iii) Release of Moneys in Reserve Account. If the Authority replaces a cash- funded Reserve Account, in whole or in part, with a surety bond, insurance policy or letter of credit meeting the requirements of (a) above, amounts on deposit in such Reserve Account shall, upon written request of the Authority to the Trustee, be transferred to the Authority and applied to the redemption of Bonds or to the acquisition, construction, installation or equipping of public capital improvements; provided, such transfer shall be conditioned on the receipt by the Authority and Trustee of an Opinion of Counsel that such transfer will not cause the interest on the Tax-Exempt Bonds to be included in gross income for purposes of federal income taxation. SECTION 4.05 Application of Insurance Proceeds. In the event of any damage to or destruction of any part of the Facilities covered by insurance, the Authority, except as hereinafter provided, shall cause the proceeds of such insurance to be utilized for the repair, reconstruction or replacement of the damaged or destroyed portion of the Facilities, and the Trustee shall hold said proceeds in a fund established by the Trustee for such purpose separate and apart from all other funds, to the end that such proceeds shall be applied to the repair, reconstruction or replacement of the Facilities to at least the same good order, repair and condition as it was in prior to the damage or destruction, insofar as the same may be accomplished by the use of said proceeds. The Trustee shall invest said proceeds in Permitted Investments pursuant to the Written Request of the City, as agent for the Authority under the Facilities Sublease, and withdrawals of said proceeds shall be made from time to time upon the filing with the Trustee of a Written Request of the City, stating that the City has expended moneys or incurred liabilities in an amount equal to the amount therein stated for the purpose of the repair, reconstruction or replacement of the Facilities, and specifying the items for which such moneys were expended, or such liabilities were incurred, in reasonable detail. The City shall file a Written Request with the Trustee stating that sufficient funds from insurance proceeds or from any funds legally available to the City, or from any combination thereof, are available in the event it elects to repair, reconstruct or replace the 35 4149-8008-7896.11 Facilities. Each such Written Request shall be sufficient evidence to the Trustee of the facts stated therein, and the Trustee shall have no duty to confirm the accuracy of such facts. Any balance of such proceeds not required for such repair, reconstruction or replacement and the proceeds of use and occupancy insurance shall be treated by the Trustee as Base Rental Payments. Alternatively, the City, at its option, if the proceeds of such insurance together with any other moneys then available for such purpose are sufficient to prepay all, in case of damage or destruction in whole of the Facilities, or that portion, in the case of partial damage or destruction of the Facilities, of the Base Rental Payments relating to the damaged or destroyed portion of the Facilities, may elect not to repair, reconstruct or replace the damaged or destroyed portion of the Facilities and thereupon shall cause said proceeds to be used for the redemption of Outstanding Bonds pursuant to the applicable provisions of Section 2.03 and the corresponding provisions of any Supplemental Trust Agreement. The City shall not apply the proceeds of insurance as set forth in this Section to redeem the Bonds in part due to damage or destruction of a portion of the Facilities unless the Trustee receives a Certificate of the Authority that the Base Rental Payments on the undamaged portion of the Facilities will be sufficient to pay the initially-scheduled principal and interest on the Bonds remaining unpaid after such redemption. SECTION 4.06 Deposit and Investments of Money in Accounts and Funds. (a) All money held by the Trustee in any of the accounts or funds established pursuant hereto shall be invested in Permitted Investments at the Written Request of the Authority and provided to the Trustee not less than two Business Days prior to the proposed investment date. In the absence of a Written Request of investment instructions of the Authority the Trustee shall hold such funds uninvested. The Trustee may conclusively rely upon the Authority’s written direction as to both the suitability and legality of the directed investments. In no event shall the Trustee be liable for the selection of investments or for investment losses incurred thereon. The Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Authority to provide timely written investment direction. The Trustee may make any and all such investments through its own investment department or that of its affiliates or subsidiaries, and may charge its ordinary and customary fees for such trades, including account maintenance fees. (b) Investments (except investment agreements or repurchase agreements) in Trust Agreement funds and accounts shall be valued at the market value thereof, exclusive of accrued interest. (c) Investments purchased with funds on deposit in the Revenue Fund shall mature not later than the payment date or redemption date, as appropriate, immediately succeeding the investment. Investments purchased with funds on deposit in the Acquisition and Construction Fund shall mature not later than the dates upon which such funds shall need to be expended for such construction (or shall be invested in repurchase agreements or investment agreements described in the definition of Permitted Investments). Investments (except investment agreements or repurchase agreements) purchased with funds on deposit in a Reserve Account shall have a term to maturity not greater than five years. (d) Subject to Section 5.03, all interest or profits in any fund or account (other than the Rebate Fund) (i) prior to completion of the Projects shall be deposited in the Acquisition and Construction Fund (in such subaccount as directed by the Authority), and (ii) subsequent to the 36 4149-8008-7896.11 completion of the Projects shall be deposited first in a Reserve Account, to the extent necessary to make amounts on deposit in such Reserve Account equal to the Reserve Account Requirement, if any, and then in the Revenue Fund. The Trustee shall not be liable for any losses on such investments. (e) The Authority (and the City by its execution of the Facilities Sublease) acknowledge that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grants the Authority and the City the right to receive brokerage confirmations of security transactions as they occur, the Authority and the City specifically waive receipt of such confirmations to the extent permitted by law. The Trustee will furnish the Authority and the City periodic cash transaction statements which include detail for all investment transactions made by the Trustee hereunder. ARTICLE V COVENANTS OF THE AUTHORITY SECTION 5.01 Punctual Payment and Performance. The Authority will punctually pay out of the Revenues the interest on and the principal of and redemption premiums, if any, to become due on the Bonds issued hereunder in strict conformity with the terms hereof and of the Bonds, and will faithfully observe and perform all the agreements and covenants to be observed or performed by the Authority contained herein and in the Bonds. SECTION 5.02 Against Encumbrances. The Authority will not make any pledge of or place any charge or lien upon the Revenues except as provided herein, and will not issue any bonds, notes or obligations payable from the Revenues or secured by a pledge of or charge or lien upon the Revenues except as provided in Section 3.03 hereof. SECTION 5.03 Tax Covenants. (a) In addition to the funds and accounts created pursuant to Section 4.03, the Trustee shall establish and maintain a fund separate from any other fund or account established and maintained hereunder designated as the Rebate Fund. There shall be deposited in the Rebate Fund such amounts as are required to be deposited therein pursuant to the Tax Certificate and in accordance with written instructions of the Authority. All money at any time deposited in the Rebate Fund shall be held by the Trustee in trust, to the extent required to satisfy the Rebate Requirement (as defined in the Tax Certificate), for payment to the United States of America. Notwithstanding the provisions of Sections 4.01, 4.02, 4.03, 4.06, 8.02 and 9.01 relating to the pledge of Revenues, the allocation of money in the Revenue Fund, the investments of money in any fund or account, the application of funds upon acceleration and the defeasance of Outstanding Bonds, all amounts required to be deposited into or on deposit in the Rebate Fund shall be governed exclusively by this Section 5.03 and by the Tax Certificate (which is incorporated herein by reference). The Trustee shall be deemed conclusively to have complied with such provisions if it follows the written directions of the Authority, and shall have no liability or responsibility to enforce compliance by the Authority with the terms of the Tax Certificate. 37 4149-8008-7896.11 (b) Any funds remaining in the Rebate Fund after redemption and payment with respect to all of the Tax-Exempt Bonds, or provision made therefor satisfactory to the Trustee, including accrued interest and payment of any applicable fees and expenses to the Trustee and satisfaction of the Rebate Requirement (as defined in the Tax Certificate), shall be withdrawn by the Trustee and remitted to or upon the direction of the Authority. (c) The Authority covenants that it shall not take any action, or fail to take any action, if such action or failure to take such action would adversely affect the exclusion from gross income of the interest payable on the Tax-Exempt Bonds under Section 103 of the Code. Without limiting the generality of the foregoing, the Authority covenants that it will comply with the requirements of the Tax Certificate, which is incorporated herein as if fully set forth herein. This covenant shall survive payment in full or defeasance of the Tax-Exempt Bonds. (d) In the event that at any time the Authority is of the opinion that for purposes of this Section it is necessary or helpful to restrict or limit the yield on the investment of any moneys held by the Trustee under this Trust Agreement, the Authority shall so instruct the Trustee under this Trust Agreement in writing, and the Trustee shall take such action as may be necessary in accordance with such instructions. (e) Notwithstanding any provisions of this Section, if the Authority shall provide to the Trustee an Opinion of Counsel of recognized standing in the field of law relating to municipal bonds that any specified action required under this Section is no longer required or that some further or different action is required to maintain the exclusion from federal income tax of interest on the Tax-Exempt Bonds, the Trustee may conclusively rely on such opinion in complying with the requirements of this Section and of the Tax Certificate, and the covenants hereunder shall be deemed to be modified to that extent. SECTION 5.04 Accounting Records and Reports. The Authority will keep or cause to be kept proper books of record and accounts in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocation and application of the Revenues, and such books shall be available for inspection by the Trustee, at reasonable hours and under reasonable conditions. The Authority shall also keep or cause to be kept such other information as required under the Tax Certificate. The Trustee shall have no duty to review or examine such books or statements. SECTION 5.05 Prosecution and Defense of Suits. The Authority will defend against every suit, action or proceeding at any time brought against the Trustee upon any claim to the extent arising out of the receipt, application or disbursement of any of the Revenues or to the extent involving the failure of the Authority to fulfill its obligations hereunder; provided that the Trustee or any affected Holder at its election may appear in and defend any such suit, action or proceeding. The Authority will indemnify and hold harmless the Trustee against any and all liability claimed or asserted by any person to the extent arising out of such failure by the Authority, and will indemnify and hold harmless the Trustee against any attorney’s fees or other expenses which it may incur in connection with any litigation to which it may become a party by reason of its actions hereunder, except for any loss, cost, damage or expense resulting from the negligence or willful misconduct of the Trustee. Notwithstanding any contrary provision hereof, 38 4149-8008-7896.11 this covenant shall remain in full force and effect even though all Bonds secured hereby may have been fully paid and satisfied. SECTION 5.06 Further Assurances. Whenever and so often as reasonably requested to do so by the Trustee or any Holder, the Authority will promptly execute and deliver or cause to be executed and delivered all such other and further assurances, documents or instruments, and promptly do or cause to be done all such other and further things as may be necessary or reasonably required to further and more fully vest in the Trustee and the Holders all rights, interests, powers, benefits, privileges and advantages conferred or intended to be conferred upon them hereby. ARTICLE VI THE TRUSTEE SECTION 6.01 The Trustee. The Bank of New York Mellon Trust Company, N.A. shall serve as the Trustee for the Bonds for the purpose of receiving all money which the Authority is required to deposit with the Trustee hereunder and for the purpose of allocating, applying and using such money as provided herein and for the purpose of paying the interest on and principal of and redemption premiums, if any, on the Bonds presented for payment in Los Angeles, California, or such other place as designated by the Trustee with the rights and obligations provided herein. The Authority agrees that it will at all times maintain a Trustee having a principal office in San Francisco or Los Angeles, California. The Authority may at any time upon 30 days prior written notice, unless there exists any Event of Default as defined in Section 8.01, remove the Trustee initially appointed and any successor thereto and may appoint a successor or successors thereto by an instrument in writing; provided that any such successor shall be a bank, national banking association, banking corporation or trust company, having a combined capital (exclusive of borrowed capital) and surplus of at least one hundred million dollars ($100,000,000) and subject to supervision or examination by federal or state authority. If such bank, national banking association, banking corporation or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purpose of this section the combined capital and surplus of such bank, national banking association, banking corporation or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Trustee may at any time resign by giving written notice of such resignation to the Authority and by mailing by first class mail to the Holders notice of such resignation. Upon receiving such notice of resignation, the Authority shall promptly appoint a successor Trustee by an instrument in writing. Any removal or resignation of a Trustee and appointment of a successor Trustee shall become effective only upon the acceptance of appointment by the successor Trustee. If, within thirty (30) days after notice of the removal or resignation of the Trustee no successor Trustee shall have been appointed and shall have accepted such appointment, the removed or resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, which court may thereupon, after such notice, if any, as it may deem proper and prescribe and as may be required by law, appoint a successor Trustee having the qualifications required hereby. 39 4149-8008-7896.11 The Trustee is hereby authorized to pay or redeem the Bonds when duly presented for payment at maturity or on redemption prior to maturity. The Trustee shall cancel all Bonds upon payment thereof or upon the surrender thereof by the Authority and shall destroy such Bonds and a certificate of destruction shall be delivered to the Authority upon its request. The Trustee shall keep accurate records of all Bonds paid and discharged and cancelled by it. The Trustee shall, prior to an Event of Default, and after the curing of all events of default that may have occurred, perform such duties and only such duties as are specifically set forth in this Trust Agreement and no implied duties or obligations shall be read into this Trust Agreement. The Trustee shall, during the existence of any Event of Default (that has not been cured), exercise such of the rights and powers vested in it by this Trust Agreement, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. SECTION 6.02 Liability of Trustee. The recitals of facts, agreements and covenants herein and in the Bonds shall be taken as recitals of facts, agreements and covenants of the Authority, and the Trustee assumes no responsibility for the correctness of the same or makes any representation as to the sufficiency or validity hereof or of the Bonds, or shall incur any responsibility in respect thereof other than in connection with the rights or obligations assigned to or imposed upon it herein, in the Bonds or in law or equity. The Trustee shall not be liable in connection with the performance of its duties hereunder except for its own negligence or willful misconduct. The Trustee shall not be bound to recognize any person as the Holder of a Bond unless and until such Bond is submitted for inspection, if required, and such Holder’s title thereto satisfactorily established, if disputed. The Trustee shall not be liable for any error of judgment made in good faith by a responsible officer, unless it shall be proved that the Trustee was negligent in ascertaining the pertinent facts. The Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the Holders of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding, relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under this Trust Agreement, unless such direction is contrary to the provisions of this Trust Agreement. The Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Trust Agreement at the request, order or direction of any of the Holders pursuant to the provisions of this Trust Agreement unless such Holders shall have offered to the Trustee reasonable security or indemnity satisfactory to the Trustee against the costs, expenses and liabilities that may be incurred therein or thereby. The Trustee has no obligation or liability to the Holders for the payment of interest on, principal of or redemption premium, if any, with respect to the Bonds from its own funds; but rather the Trustee’s obligations shall be limited to the performance of its duties hereunder. 40 4149-8008-7896.11 The Trustee shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or of any of the documents executed in connection with the Bonds, or as to the existence of a default or event of default thereunder. The Trustee shall not be responsible for the validity or effectiveness of any collateral given to or held by it. The Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through attorneys, agents, custodians, nominees or receivers appointed with due care. The Trustee shall be entitled to advice of counsel and other professionals concerning all matters of trust and its duty hereunder. The Trustee shall not be concerned with or accountable to anyone for the subsequent use or application of any moneys which shall be released or withdrawn in accordance with the provisions hereof. Whether or not therein expressly so provided, every provision of this Trust Agreement, the Facilities Sublease or related documents relating to the conduct or affecting the liability of or affording protection to the Trustee shall be subject to the provisions of this Article. The Trustee makes no representation or warranty, express or implied as to the title, value, design, compliance with specifications or legal requirements, quality, durability, operation, condition, merchantability or fitness for any particular purpose for the use contemplated by the Authority or City of the Projects or the Facilities. In no event shall the Trustee be liable for incidental, indirect, special or consequential damages in connection with or arising from the Facilities Sublease or this Trust Agreement for the existence, furnishing or use of the Projects or Facilities. The Trustee shall be protected in acting upon any notice, resolution, requisition, request (including any Written Request of the Authority), consent, order, certificate, report, opinion, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Trustee may consult with counsel, who may be counsel of or to the Authority, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. Whenever in the administration of its rights and obligations hereunder the Trustee shall deem it necessary or desirable that a matter be established or proved prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of bad faith on the part of the Trustee, be deemed to be conclusively proved and established by a Certificate of the Authority, which certificate shall be full warrant to the Trustee for any action taken or suffered under the provisions hereof upon the faith thereof, but in its discretion the Trustee may in lieu thereof accept other evidence of such matter or may require such additional evidence as it may deem reasonable. No provision of this Trust Agreement shall require the Trustee to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers. The Trustee may refuse to perform any 41 4149-8008-7896.11 duty or exercise any right or power which would require it to expend its own funds or risk any liability if it shall reasonably believe that repayment of such funds or adequate indemnity against such risk is not reasonably assured to it. The Trustee shall have no responsibility or liability with respect to any information, statements or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bonds. The permissive right of the Trustee to do things enumerated in this Trust Agreement shall not be construed as an obligation. The Trustee shall have the right to accept and act upon instructions, including funds transfer instructions (“Instructions”) given pursuant to this Trust Agreement and related financing documents and delivered using Electronic Means; provided, however, that the Authority and/or the City, as applicable, shall provide to the Trustee an incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the Authority and/or the City, as applicable, whenever a person is to be added or deleted from the listing. If the Authority and/or the City, as applicable, elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee’s understanding of such Instructions shall be deemed controlling. The Authority and the City understand and agree that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Authority and the City shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Authority, the City and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Authority and/or the City, as applicable. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The Authority and the City agree: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Authority and/or the City, as applicable; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures. Any company into which the Trustee may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Trustee may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under 42 4149-8008-7896.11 Section 6.01 shall be the successor to such Trustee without execution or filing of any further act, anything herein to the contrary notwithstanding. The Trustee shall not be considered in breach of or in default in its obligations hereunder or progress in respect thereto in the event of enforced delay (“unavoidable delay”) in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, Acts of God or of the public enemy or terrorists, acts of a government, acts of the other party, fires, floods, epidemics, pandemics, quarantine restrictions, strikes, freight embargoes, earthquakes, explosion, mob violence, riot, inability to procure or general sabotage or rationing of labor, equipment, facilities, sources of energy, material or supplies in the open market, litigation or arbitration involving a party or others relating to zoning or other governmental action or inaction pertaining to the Projects, malicious mischief, condemnation, and unusually severe weather or delays of suppliers or subcontractors due to such causes or any similar event and/or occurrences beyond the control of the Trustee. The Trustee shall not be deemed to have knowledge of any Event of Default unless and until it shall have actual knowledge thereof by receipt of written notice thereof at its corporate trust office. SECTION 6.03 Compensation and Indemnification of Trustee. The Authority covenants to pay to the Trustee from time to time, and the Trustee shall be entitled to, reasonable compensation for all services rendered by it in the exercise and performance of any of the powers and duties hereunder of the Trustee, and the Authority will pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Trust Agreement (including the reasonable compensation and the expenses and disbursements of its counsel and of all persons not regularly in its employ) except any such expense, disbursement or advance as may arise from its negligence or willful misconduct. Upon an Event of Default, and only upon an Event of Default, the Trustee shall have a first lien with right of payment prior to payment on account of principal of and premium, if any, and interest on any Bond, upon the Revenues for the foregoing fees, charges and expenses incurred by it. The Authority, to the extent permitted by law, shall indemnify, defend and hold harmless the Trustee against any loss, damages, liability or expense incurred without negligence or willful misconduct on the part of the Trustee, arising out of or in connection with the acceptance or administration of the trusts created hereby, including costs and expenses (including attorneys’ fees) of defending itself against any claim (whether asserted by the Authority or any holder or any other person) or liability in connection with the exercise or performance of any of its powers or duties hereunder. The rights of the Trustee and the obligations of the Authority under this Section shall survive the discharge of the Bonds and this Trust Agreement and the resignation or removal of the Trustee. The Trustee shall be entitled to interest on all amounts advanced by it hereunder at the prime rate then in effect plus two percent. In acting or omitting to act pursuant to any other applicable agreements to which the Trustee is a party, or any other documents executed in connection herewith, the Trustee shall be entitled to all of the rights, immunities and indemnities accorded to it under this Trust Agreement. 43 4149-8008-7896.11 ARTICLE VII AMENDMENT OF THE TRUST AGREEMENT SECTION 7.01 Amendment of the Trust Agreement. The Trust Agreement and the rights and obligations of the Authority and of the Holders may be amended at any time by a Supplemental Trust Agreement which shall become binding when the written consents of the Holders of a majority in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 7.02, are filed with the Trustee. No such amendment shall (1) extend the maturity of or reduce the interest rate on or amount of interest on or principal of or redemption premium, if any, on any Bond without the express written consent of the Holder of such Bond, or (2) permit the creation by the Authority of any pledge of or charge or lien upon the Revenues as provided herein superior to the pledge, charge and lien created hereby for the benefit of the Bonds, or (3) reduce the percentage of Bonds required for the written consent to any such amendment, or (4) modify any rights or obligations of the Trustee, the Authority or the City without their prior written assent thereto, respectively. The Trust Agreement and the rights and obligations of the Authority and of the Holders may also be amended at any time by a Supplemental Trust Agreement which shall become binding upon execution and delivery without the consent of any Holders, and only to the extent permitted by law and after receipt of an approving Opinion of Counsel, for any purpose that will not materially adversely affect the interests of the Holders, including (without limitation) for any one or more of the following purposes: (a) to add to the agreements and covenants required herein to be performed by the Authority other agreements and covenants thereafter to be performed by the Authority, or to surrender any right or power reserved herein to or conferred herein on the Authority; (b) to make such provisions for the purpose of curing any ambiguity or of correcting, curing or supplementing any defective provision contained herein or in regard to questions arising hereunder which the Authority may deem desirable or necessary and not inconsistent herewith; (c) to provide for the issuance of any Additional Bonds and to provide the terms of such Additional Bonds, subject to the conditions and upon compliance with the procedure set forth in Article III (which shall be deemed not to adversely affect Holders); or (d) to add to the agreements and covenants required herein, such agreements and covenants as may be necessary to qualify the Trust Agreement under the Trust Indenture Act of 1939. In executing, or accepting the additional trusts created by, any Supplemental Trust Agreement permitted by this Article or the modification thereby of the trusts created by the Trust Agreement, the Trustee shall be entitled to received, and shall be fully protected in relying upon, an opinion of counsel stating that the execution of such Supplemental Trust Agreement is authorized or permitted by the Trust Agreement and complies with the terms hereof. 44 4149-8008-7896.11 SECTION 7.02 Disqualified Bonds. Bonds owned or held by or for the account of the Authority or the City shall not be deemed Outstanding for the purpose of any consent or other action or any calculation of Outstanding Bonds provided in this article, and shall not be entitled to consent to or take any other action provided in this article provided, however, that the Trustee shall not be deemed to have knowledge that any Bond is owned or held by or for the account of the Authority or the City unless the Authority or the City is the registered Holder or the Trustee has received written notice that any other registered Holder is the owner or is holding for the account of the Authority or City. SECTION 7.03 Endorsement or Replacement of Bonds After Amendment. After the effective date of any action taken as hereinabove provided, the Authority may determine that the Bonds may bear a notation by endorsement in form approved by the Authority as to such action, and in that case upon demand of the Holder of any Outstanding Bonds and presentation of his Bond for such purpose at the office of the Trustee a suitable notation as to such action shall be made on such Bond. If the Authority shall so determine, new Bonds so modified as, in the opinion of the Authority, shall be necessary to conform to such action shall be prepared and executed, and in that case upon demand of the Holder of any Outstanding Bond a new Bond or Bonds shall be exchanged at the office of the Trustee without cost to each Holder for its Bond or Bonds then Outstanding upon surrender of such Outstanding Bonds. SECTION 7.04 Amendment by Mutual Consent. The provisions of this article shall not prevent any Holder from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds. ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES OF HOLDERS SECTION 8.01 Events of Default and Acceleration of Maturities. (a) If one or more of the following events (herein called “Events of Default”) shall happen, that is to say: (i) if default shall be made by the Authority in the due and punctual payment of the interest on any Bond when and as the same shall become due and payable; (ii) if default shall be made by the Authority in the due and punctual payment of the principal of or redemption premium, if any, on any Bond when and as the same shall become due and payable, whether at maturity as therein expressed or by proceedings for redemption; (iii) if default shall be made by the Authority in the performance of any of the other agreements or covenants required herein to be performed by the Authority, and such default shall have continued for a period of thirty (30) days after the Authority shall have been given notice in writing of such default by the Trustee; (iv) if the Authority shall file a petition or answer seeking arrangement or reorganization under the federal bankruptcy laws or any other applicable law of the United States of America or any state therein, or if a court of competent jurisdiction shall approve a petition filed with or without the consent of the Authority seeking arrangement or reorganization under the 45 4149-8008-7896.11 federal bankruptcy laws or any other applicable law of the United States of America or any state therein, or if under the provisions of any other law for the relief or aid of debtors any court of competent jurisdiction shall assume custody or control of the Authority or of the whole or any substantial part of its property; or (v) if an Event of Default has occurred under Section 6.01 of the Facilities Sublease; then and in each and every such case during the continuance of such Event of Default the Trustee may, and upon the written request of the Holders of not less than fifty one percent (51%) in aggregate principal amount of the Bonds then Outstanding shall, by notice in writing to the Authority, declare the principal of all Bonds then Outstanding and the interest accrued thereon to be due and payable immediately, and upon any such declaration the same shall become due and payable, anything contained herein or in the Bonds to the contrary notwithstanding. The Trustee shall promptly notify all Holders of any such event of default which is continuing. This provision, however, is subject to the condition that if at any time after the principal of the Bonds then Outstanding shall have been so declared due and payable and before any judgment or decree for the payment of the money due shall have been obtained or entered, the Authority shall deposit with the Trustee a sum sufficient to pay all matured interest on all the Bonds and all principal of the Bonds matured prior to such declaration, with interest at the rate borne by such Bonds on such overdue interest and principal, and the reasonable fees and expenses of the Trustee, and any and all other defaults known to the Trustee (other than in the payment of interest on and principal of the Bonds due and payable solely by reason of such declaration) shall have been made good or cured to the satisfaction of the Trustee or provision deemed by the Trustee to be adequate shall have been made therefor, then and in every such case the Holders of not less than fifty-one percent (51%) in aggregate principal amount of Bonds then Outstanding, by written notice to the Authority and to the Trustee, may on behalf of the Holders of all the Bonds then Outstanding rescind and annul such declaration and its consequences; but no such rescission and annulment shall extend to or shall affect any subsequent default or shall impair or exhaust any right or power consequent thereon. [Anything in this Trust Agreement to the contrary notwithstanding, upon the occurrence and continuance of an Event of Default, the Series 2025 Bond Insurer shall be entitled to control and direct the enforcement of all rights and remedies granted to the Holders of the Series 2025 Bonds or the Trustee for the benefit of the Holders of the Series 2025 Bonds hereunder, including, without limitation, (i) the right to accelerate the principal of the Series 2025 Bonds as described herein and (ii) the right to annul any declaration of acceleration. The Series 2025 Bond Insurer also shall be entitled to approve all waivers of Events of Default with respect to the Series 2025 Bonds.] SECTION 8.02 Application of Funds Upon Acceleration. All moneys in the accounts and funds established with respect to the Bonds provided in Sections 2.11, 4.02, 4.03 and 4.05 upon the date of the declaration of acceleration by the Trustee as provided in Section 8.01 and all Revenues (other than Revenues on deposit in the Rebate Fund) thereafter received by the Authority hereunder shall be transmitted to the Trustee and shall be applied by the Trustee in the following order: 46 4149-8008-7896.11 First, to the payment of fees and expenses of the Trustee (including fees and disbursements of its counsel) incurred in and about the performance of its powers and duties under this Trust Agreement; Second, upon presentation of the Bonds, and the stamping thereon of the amount of the payment if only partially paid or upon the surrender thereof if fully paid, to the payment of the whole amount then owing and unpaid upon the Bonds for interest and principal, with (to the extent permitted by law) interest on the overdue interest and principal at the rate borne by such Bonds, and in case such money shall be insufficient to pay in full the whole amount so owing and unpaid upon the Bonds, then to the payment of such interest, principal and (to the extent permitted by law) interest on overdue interest and principal without preference or priority among such interest, principal and interest on overdue interest and principal ratably to the aggregate of such interest, principal and interest on overdue interest and principal; and Third, to the payment of amounts due to the Series 2025 Bond Insurer not covered by First and Second above. SECTION 8.03 Institution of Legal Proceedings by Trustee. If one or more of the Events of Default shall happen and be continuing, the Trustee may, and upon the written request of the Holders of a majority in principal amount of the Bonds then Outstanding, and upon being indemnified to its satisfaction therefor, shall proceed to protect or enforce its rights or the rights of the Holders of Bonds under this Trust Agreement and under Article VI of the Facilities Sublease by a suit in equity or action at law, either for the specific performance of any covenant or agreement contained herein, or in aid of the execution of any power herein granted, or by mandamus or other appropriate proceeding for the enforcement of any other legal or equitable remedy as the Trustee shall deem most effectual in support of any of its rights and duties hereunder. SECTION 8.04 Non-Waiver. (a) Nothing in this article or in any other provision hereof or in the Bonds shall affect or impair the obligation of the Authority, which is absolute and unconditional, to pay the interest on and principal of and redemption premiums, if any, on the Bonds to the respective Holders at the respective dates of maturity or upon prior redemption as provided herein from the Revenues as provided herein pledged for such payment, or shall affect or impair the right of such Holders, which is also absolute and unconditional, to institute suit to enforce such payment by virtue of the contract embodied herein and in the Bonds. (b) A waiver of any default or breach of duty or contract by the Trustee or any Holder shall not affect any subsequent default or breach of duty or contract or impair any rights or remedies on any such subsequent default or breach of duty or contract. No delay or omission by the Trustee or any Holder to exercise any right or remedy accruing upon any default or breach of duty or contract shall impair any such right or remedy or shall be construed to be a waiver of any such default or breach of duty or contract or an acquiescence therein, and every right or remedy conferred upon the Holders by the Act or by this Article may be enforced and exercised from time to time and as often as shall be deemed expedient by the Trustee or the Holders. (c) If any action, proceeding or suit to enforce any right or exercise any remedy is abandoned, the Authority, the Trustee and any Holder shall be restored to their former positions, rights and remedies as if such action, proceeding or suit had not been brought or taken. 47 4149-8008-7896.11 SECTION 8.05 Actions by Trustee as Attorney-in-Fact. Any action, proceeding or suit which any Holder shall have the right to bring to enforce any right or remedy hereunder may be brought by the Trustee for the equal benefit and protection of all Holders, whether or not the Trustee is a Holder, and the Trustee is hereby appointed (and the successive Holders, by taking and holding the Bonds issued hereunder, shall be conclusively deemed to have so appointed it) the true and lawful attorney-in-fact of the Holders for the purpose of bringing any such action, proceeding or suit and for the purpose of doing and performing any and all acts and things for and on behalf of the Holders as a class or classes as may be advisable or necessary in the opinion of the Trustee as such attorney-in-fact. SECTION 8.06 Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Holders is intended to be exclusive of any other remedy, and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise and may be exercised without exhausting and without regard to any other remedy conferred by the Act or any other law. SECTION 8.07 Limitation on Holders’ Right to Sue. No Holder of any Bond issued hereunder shall have the right to institute any suit, action or proceeding at law or equity, for any remedy under or upon this Trust Agreement, unless (a) such Holder shall have previously given to the Trustee written notice of the occurrence of an event of default as defined in Section 8.01 hereunder; (b) the Holders of at least a majority in aggregate principal amount of the applicable Series of Bonds then Outstanding shall have made written request upon the Trustee to exercise the powers hereinbefore granted or to institute such suit, action or proceeding in its own name; (c) said Holders shall have tendered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Trustee shall have refused or omitted to comply with such request for a period of sixty (60) days after such request shall have been received by, and said tender of indemnity shall have been made to, the Trustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any owner of Bonds of any remedy hereunder; it being understood and intended that no one or more owners of Bonds shall have any right in any manner whatever by his or their action to enforce any right under this Trust Agreement, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of the Trust Agreement shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all Holders of the Outstanding Bonds. ARTICLE IX DEFEASANCE SECTION 9.01 Discharge of Bonds. (a) If the Authority shall pay or cause to be paid or there shall otherwise be paid to the Holders of all Outstanding Bonds the interest thereon and the principal thereof and the redemption premiums, if any, thereon at the times and in the manner stipulated herein and therein, and all amounts due and owing to the Trustee have been paid in full, then the Holders of such 48 4149-8008-7896.11 Bonds shall cease to be entitled to the pledge of and charge and lien upon the Revenues as provided herein, and all agreements, covenants and other obligations of the Authority to the Holders of such Bonds hereunder shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Trustee shall execute and deliver to the Authority all such instruments as may be necessary or desirable to evidence such discharge and satisfaction, the Trustee shall pay over or deliver to the Authority all money or securities held by it pursuant hereto which are not required for the payment of the interest on and principal of and redemption premiums, if any, on such Bonds. (b) Any Outstanding Bond or Bonds shall prior to the maturity date or redemption date thereof be deemed to have been paid within the meaning of and with the effect expressed in subsection (a) of this section if (1) in case any of such Bond or Bonds are to be redeemed on any date prior to their maturity date, the Authority shall have given to the Trustee in form satisfactory to it irrevocable instructions to provide notice in accordance with Section 2.03 or in the corresponding section of a Supplemental Trust Agreement, (2) there shall have been deposited with the Trustee either (A) money in an amount which shall be sufficient or (B) Government Securities which are not subject to redemption prior to maturity (including any such Government Securities issued or held in book-entry form on the books of the Treasury of the United States of America), the interest on and principal of which when paid will provide money which, together with the money, if any, deposited with the Trustee at the same time, shall be sufficient, in the opinion of an Independent Certified Public Accountant, to pay when due the interest to become due on such Bonds on and prior to the maturity date or redemption date thereof, as the case may be, and the principal of and redemption premiums, if any, on such Bonds, and (3) in the event such Bonds are not by their terms subject to redemption within the next succeeding sixty (60) days, the Authority shall have given the Trustee in form satisfactory to it irrevocable instructions to mail as soon as practicable, a notice to the Holders of such Bonds that the deposit required by clause (2) above has been made with the Trustee and that such Bonds are deemed to have been paid in accordance with this section and stating the maturity date or redemption date upon which money is to be available for the payment of the principal of and redemption premiums, if any, on such Bonds. SECTION 9.02 Unclaimed Money. Anything contained herein to the contrary notwithstanding, any money held by the Trustee in trust for the payment and discharge of any of the Bonds or interest thereon which remains unclaimed for two (2) years after the date when such Bonds or interest thereon have become due and payable, either at their stated maturity dates or by call for redemption prior to maturity, if such money was held by the Trustee at such date, or for two (2) years after the date of deposit of such money if deposited with the Trustee after the date when such Bonds have become due and payable, shall be repaid by the Trustee (without liability for interest) to the Authority as its absolute property free from trust, and the Trustee shall thereupon be released and discharged with respect thereto and the Holders shall not look to the Trustee for the payment of such Bonds; provided, however, that before being required to make any such payment to the Authority, the Trustee may, and at the request of the Authority shall, at the expense of the Authority, cause to be published once a week for two (2) successive weeks in a Financial Newspaper of general circulation in Los Angeles and in San Francisco, California and in the same or a similar Financial Newspaper of general circulation in New York, New York a notice that such money remains unclaimed and that, after a date named in such notice, which date 49 4149-8008-7896.11 shall not be less than thirty (30) days after the date of the first publication of each such notice, the balance of such money then unclaimed will be returned to the Authority. ARTICLE X MISCELLANEOUS SECTION 10.01 Liability of Authority Limited to Revenues. (a) Notwithstanding anything contained herein, the Authority shall not be required to advance any money derived from any source other than the Revenues as provided herein for the payment of the interest on or principal of or redemption premiums, if any, on the Bonds or for the performance of any agreements or covenants herein contained. The Authority may, however, advance funds for any such purpose so long as such funds are derived from a source legally available for such purpose without incurring an indebtedness. The Bonds are limited obligations of the Authority and are payable, as to interest thereon, principal thereof and any premiums upon the redemption of any thereof, solely from the Revenues as provided herein, and the Authority is not obligated to pay them except from the Revenues. All the Bonds are equally secured by a pledge of and charge and lien upon the Revenues, and the Revenues constitute a trust fund for the security and payment of the interest on and principal of and redemption premiums, if any, on the Bonds as provided herein. The Bonds are not a debt of the Authority, the State of California or any of its political subdivisions, and neither the Authority, said State nor any of its political subdivisions is liable thereon, nor in any event shall the Bonds be payable out of any funds or properties other than those of the Authority as provided herein. The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory limitation or restriction. SECTION 10.02 Benefits of the Trust Agreement Limited to Parties. Nothing contained herein, expressed or implied, is intended to give to any person other than the Authority, the Trustee and the Holders any right, remedy or claim under or by reason hereof. Any agreement or covenant required herein to be performed by or on behalf of the Authority or any member, officer or employee thereof shall be for the sole and exclusive benefit of the Trustee and the Holders. SECTION 10.03 Successor Is Deemed Included In All References To Predecessor. Whenever herein either the Authority or any member, officer or employee thereof or of the State of California is named or referred to, such reference shall be deemed to include the successor to the powers, duties and functions with respect to the Projects that are presently vested in the Authority or such member, officer or employee, and all agreements and covenants required hereby to be performed by or on behalf of the Authority or any member, officer or employee thereof shall bind and inure to the benefit of the respective successors thereof whether so expressed or not. SECTION 10.04 Execution of Documents by Holders. Any declaration, request or other instrument which is permitted or required herein to be executed by Holders may be in one or more instruments of similar tenor and may be executed by Holders in person or by their attorneys appointed in writing. The fact and date of the execution by any Holder or his 50 4149-8008-7896.11 attorney of any declaration, request or other instrument or of any writing appointing such attorney may be proved by the certificate of any notary public or other officer authorized to make acknowledgments of deeds to be recorded in the state or territory in which he purports to act that the person signing such declaration, request or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution duly sworn to before such notary public or other officer. The ownership of any Bonds and the amount, maturity, number and date of holding the same may be proved by the registration books relating to the Bonds at the corporate trust office of the Trustee in Los Angeles, California or such other place as designated by the Trustee. Any declaration, request, consent or other instrument or writing of the Holder of any Bond shall bind all future Holders of such Bond with respect to anything done or suffered to be done by the Trustee or the Authority in good faith and in accordance therewith. SECTION 10.05 No Personal Liability. No member, officer or employee of the Authority or the City shall be individually or personally liable for the payment of the interest on or principal of or redemption premiums, if any, on the Bonds by reason of their issuance, but nothing herein contained shall relieve any such member, officer or employee from the performance of any official duty provided by the Act or any other applicable provisions of law or hereby. SECTION 10.06 Acquisition of Bonds by Authority. All Bonds acquired by the Authority, whether by purchase or gift or otherwise, shall be surrendered to the Trustee for cancellation. SECTION 10.07 Destruction of Cancelled Bonds. Whenever provision is made for the return to the Authority of any Bonds which have been cancelled pursuant to the provisions hereof, the Authority may, by a Written Request of the Authority, direct the Trustee to destroy such Bonds and furnish to the Authority a certificate of such destruction. SECTION 10.08 Content of Certificates. Every Certificate of the Authority with respect to compliance with any agreement, condition, covenant or provision provided herein shall include (a) a statement that the person or persons making or giving such certificate have read such agreement, condition, covenant or provision and the definitions herein relating thereto; (b) a brief statement as to the nature and scope of the examination or investigation upon which the statements contained in such certificate are based; (c) a statement that, in the opinion of the signers, they have made or caused to be made such examination or investigation as is necessary to enable them to express an informed opinion as to whether or not such agreement, condition, covenant or provision has been complied with; and (d) a statement as to whether, in the opinion of the signers, such agreement, condition, covenant or provision has been complied with. Any Certificate of the Authority may be based, insofar as it relates to legal matters, upon an Opinion of Counsel unless the person making or giving such certificate knows that the Opinion of Counsel with respect to the matters upon which his certificate may be based, as aforesaid, is erroneous, or in the exercise of reasonable care should have known that the same was erroneous. Any Opinion of Counsel may be based, insofar as it relates to factual matters information with respect to which is in the possession of the Authority, upon a representation by an officer or officers of the Authority unless the counsel executing such Opinion of Counsel knows 51 4149-8008-7896.11 that the representation with respect to the matters upon which his opinion may be based, as aforesaid, is erroneous, or in the exercise of reasonable care should have known that the same was erroneous. SECTION 10.09 Publication for Successive Weeks. Any publication required to be made hereunder for successive weeks in a Financial Newspaper may be made in each instance upon any Business Day of the first week and need not be made on the same Business Day of any succeeding week or in the same Financial Newspaper for any subsequent publication, but may be made on different Business Days or in different Financial Newspapers, as the case may be. SECTION 10.10 Accounts and Funds; Business Days. Any account or fund required herein to be established and maintained by the Trustee may be established and maintained in the accounting records of the Trustee either as an account or a fund, and may, for the purposes of such accounting records, any audits thereof and any reports or statements with respect thereto, be treated either as an account or a fund; but all such records with respect to all such accounts and funds shall at all times be maintained with sound accounting practice and with due regard for the protection of the security of the Bonds and the rights of the Holders. Any action required to occur hereunder on a day which is not a Business Day shall be required to occur on the next succeeding Business Day. SECTION 10.11 Notices. All written notices to be given hereunder shall be given by mail to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other party in writing from time to time, namely: If to the Authority: Fresno Joint Powers Financing Authority Attention: City Manager 2600 Fresno Street Fresno, California 93721 With Copy to: City Controller 2600 Fresno Street Fresno, California 93721 If to the Trustee: The Bank of New York Mellon Trust Company, N.A. 333 South Hope Street, Suite 2525 Los Angeles, California 90071 Attention: Corporate Trust Administration [If to the Series 2025 Bond Insurer:] 52 4149-8008-7896.11 SECTION 10.12 Article and Section Headings and References. The headings or titles of the several articles and sections hereof and the table of contents appended hereto shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof. All references herein to “Articles,” “Sections” and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof; and the words “hereby,” “herein,” “hereof,” “hereto,” “herewith,” “hereunder” and other words of similar import refer to the Trust Agreement as a whole and not to any particular article, section, subdivision or clause hereof. SECTION 10.13 Partial Invalidity. If any one or more of the agreements or covenants or portions thereof required hereby to be performed by or on the part of the Authority or the Trustee shall be contrary to law, then such agreement or agreements, such covenant or covenants or such portions thereof shall be null and void and shall be deemed separable from the remaining agreements and covenants or portions thereof and shall in no way affect the validity hereof or of the Bonds, and the Holders shall retain all the benefit, protection and security afforded to them under the Act or any other applicable provisions of law. The Authority and the Trustee hereby declare that they would have executed and delivered the Trust Agreement and each and every other article, section, paragraph, subdivision, sentence, clause and phrase hereof and would have authorized the issuance of the Bonds pursuant hereto irrespective of the fact that any one or more articles, sections, paragraphs, subdivisions, sentences, clauses or phrases hereof or the application thereof to any person or circumstance may be held to be unconstitutional, unenforceable or invalid. SECTION 10.14 Execution in Several Counterparts; Electronic Means. (a) This Trust Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the Authority and the Trustee shall preserve undestroyed, shall together constitute but one and the same instrument. (b) Each of the parties hereto agrees that the transaction consisting of this agreement may be conducted by Electronic Means. Each party agrees, and acknowledges that it is such party’s intent, that if such party signs this agreement using an electronic signature, it is signing, adopting, and accepting this agreement and that signing this agreement using an electronic signature is the legal equivalent of having placed its handwritten signature on this agreement on paper. Each party acknowledges that it is being provided with an electronic or paper copy of this agreement in a usable format. SECTION 10.15 Amendments to Facilities Lease and Facilities Sublease. The Authority, the Trustee and the City may at any time amend or modify the Facilities Lease or the Facilities Sublease in accordance with their respective terms, but only if (i) except as provided in clause (ii) of this sentence, the Trustee first obtains the prior written consent of the Owners of a majority in aggregate principal amount of the Bonds then Outstanding to such amendment or modification, or (ii) such amendment or modification is for any one or more of the following purposes, provided the prior written consent of the Series 2025 Bond Insurer has been obtained: 53 4149-8008-7896.11 (a) to add to the covenants and agreements of the City contained in the Facilities Lease or the Facilities Sublease, other covenants and agreements thereafter to be observed, or to limit or surrender any rights or power therein reserved to or conferred upon the City; or (b) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provisions contained in the Facilities Lease or the Facilities Sublease or in any other respect whatsoever as the City may deem necessary or desirable, provided that such modifications or amendments shall not materially adversely affect the interests of the Bondholders; or (c) to amend any provision of the Facilities Lease or the Facilities Sublease relating to the Code, but only if and to the extent such amendment will not adversely affect the exclusion from gross income of interest on the Tax-Exempt Bonds, in the opinion of Bond Counsel; or (d) to amend the Facilities Lease or the Facilities Sublease in connection with any addition, substitution or withdrawal of Facilities in accordance with the Facilities Lease and the Facilities Sublease, including any amendment of the Facilities Lease or the Facilities Sublease in connection with the issuance of Additional Bonds hereunder; or (e) to amend any provision agreed to by the Authority and the Trustee, so long as such amendment does not materially adversely affect the interests of the Bondholders. SECTION 10.16 Governing Law. This Trust Agreement shall be governed, in all respects, including validity, interpretation and effect by, and shall be enforceable in accordance with, the laws of the State. SECTION 10.17 [Series 2025 Bond Insurance and Reserve Policy Provisions.] 54 4149-8008-7896.11 IN WITNESS WHEREOF, the FRESNO JOINT POWERS FINANCING AUTHORITY has caused this Trust Agreement to be signed in its name by one of its duly authorized officers and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., in token of its acceptance of the trusts created hereunder, has caused this Trust Agreement to be signed by one of the officers thereunder duly authorized, all as of the day and year first above written. FRESNO JOINT POWERS FINANCING AUTHORITY By: [Controller] THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee By: Authorized Officer A-1 4149-8008-7896.11 EXHIBIT A FORM OF SERIES 2025A BOND FRESNO JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS (PUBLIC SAFETY PROJECTS) SERIES 2025A No. $_______ NEITHER THE FULL FAITH AND CREDIT OF THE AUTHORITY NOR THE CITY OF FRESNO IS PLEDGED FOR THE PAYMENT OF THE INTEREST ON OR PRINCIPAL OF THE BONDS AND NO TAX OR OTHER SOURCE OF FUNDS OTHER THAN THE REVENUES HEREINAFTER REFERRED TO IS PLEDGED TO PAY THE INTEREST ON OR PRINCIPAL OF THE BONDS. NEITHER THE PAYMENT OF THE PRINCIPAL OF NOR INTEREST ON THE BONDS CONSTITUTES A DEBT, LIABILITY OR OBLIGATION OF THE CITY OF FRESNO. Interest Rate Maturity Date Original Issue Date CUSIP ______% REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: _______________________________________ DOLLARS The FRESNO JOINT POWERS FINANCING AUTHORITY, a joint exercise of powers authority, duly organized and validly existing under and pursuant to the laws of the State of California (the “Authority”), for value received hereby, promises to pay (but only out of the Revenues hereinafter referred to) to the registered owner identified above or registered assigns, on the maturity date specified above (subject to any right of prior redemption hereinafter provided for) the principal sum specified above, together with interest on such principal sum from the interest payment date next preceding the date of registration of this Bond (unless this Bond is registered as of an interest payment date or during the period from the sixteenth day of the month preceding an interest payment date to such interest payment date, in which event it shall bear interest from such interest payment date, or unless this Bond is registered prior to [FIRST IPD], in which event it shall bear interest from the original issue date specified above) until the principal hereof shall have been paid at the interest rate per annum specified above, payable on [FIRST IPD], and semiannually thereafter on each April 1 and October 1. Interest due on or before the maturity or prior redemption of this Bond shall be payable only by check mailed by first-class mail on the applicable interest payment date to the registered owner hereof; provided that upon the written request of a Holder of $1,000,000 or more in aggregate principal amount of Bonds received by the Trustee prior to the applicable record date, interest shall be paid by wire transfer in A-2 4149-8008-7896.11 immediately available funds. The principal hereof is payable in lawful money of the United States of America at the corporate trust office of The Bank of New York Mellon Trust Company, N.A. in Los Angeles, California or such other place as designated by the Trustee. This Bond is one of a duly authorized issue of bonds of the Authority designated as its “Lease Revenue Bonds (Public Safety Projects) Series 2025A” (the “2025A Bonds”) in the aggregate principal amount of [2025A PAR WRITTEN OUT] dollars ($[2025A PAR]), all of like tenor and date (except for such variations, if any, as may be required to designate varying numbers, maturities and interest rates), and is issued under and pursuant to the provisions of the Joint Exercise of Powers Act (being Chapter 5 of Division 7 of Title 1 of the California Government Code, as amended) and all laws amendatory thereof or supplemental thereto (the “Act”) and under and pursuant to the provisions of a master trust agreement, dated as of September 1, 2025, between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”) (the “Trust Agreement”) (copies of which are on file at the corporate trust office of the Trustee in Los Angeles, California). Additional bonds of the same issue designated as the “Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects) Series 2025B” (Federally Taxable) limited in aggregate principal amount to [2025B PAR WRITTEN OUT] dollars ($[2025B PAR]) (the “2025B Bonds”) are issued concurrently with the 2025A Bonds under the Trust Agreement. The Trust Agreement permits the issuance of additional bonds secured by the pledge and lien of the Trust Agreement upon satisfaction of the terms and conditions of the Trust Agreement. All bonds issued under the Trust Agreement, including the 2025A Bonds, are referred to herein as the “Bonds.” The Bonds are issued to provide funds to finance and refinance the cost of the acquisition and construction of various capital projects. The Bonds are limited obligations of the Authority and are payable, as to interest thereon and principal thereof, solely from investment earnings on certain funds and accounts held pursuant to the Trust Agreement and the revenues (the “Revenues”) derived from Base Rental Payments made by the City of Fresno (the “City”) pursuant to a master facilities sublease, dated as of September 1, 2025 (the “Facilities Sublease”), by and between the Authority and the City, and the Authority is not obligated to pay interest or premium, if any, on and principal of the Bonds except from the Revenues. The full faith and credit of the Authority and the City of Fresno are not pledged for the payment of the interest or premium, if any, on or principal of the Bonds. No tax shall ever be levied or collected to pay the interest on or principal of the Bonds. The Bonds are not secured by a legal or equitable pledge of or charge or lien upon any property of the Authority or any of its income or receipts except the Revenues, and neither the payment of the interest on nor principal of the Bonds is a debt, liability or general obligation of the Authority. Reference is hereby made to the Act and to the Trust Agreement and any and all amendments thereof and supplements thereto for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the Revenues, the rights of the registered owners of the Bonds, security for payment of the Bonds, remedies upon default and limitations thereon, and amendment of the Trust Agreement (with or without consent of the registered owners of the Bonds); and all the terms of the Trust Agreement are hereby incorporated herein and constitute a contract between the Authority and the registered owner of this Bond, to all the provisions of which the registered owner of this Bond, by acceptance hereof, agrees and consents. The Bonds are subject to redemption by the Authority on the dates, at the prices, and pursuant to the terms and provisions set forth in the Trust Agreement. A-3 4149-8008-7896.11 This Bond is transferable only on a register to be kept for that purpose at the above- mentioned corporate trust office of the Trustee or such other place as designated by the Trustee by the registered owner hereof in person or by his duly authorized attorney upon payment of the charges provided in the Trust Agreement and upon surrender of this Bond together with a written instrument of transfer satisfactory to the Trustee duly executed by the registered owner or his duly authorized attorney, and thereupon a new fully registered Bond or Bonds in the same aggregate principal amount in authorized denominations will be issued to the transferee in exchange therefor. The Authority and the Trustee may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of the interest hereon and principal hereof and for all other purposes, whether or not this Bond shall be overdue, and neither the Authority nor the Trustee shall be affected by any notice or knowledge to the contrary; and payment of the interest on and principal of this Bond shall be made only to such registered owner, which payments shall be valid and effectual to satisfy and discharge liability on this Bond to the extent of the sum or sums so paid. This Bond shall not be entitled to any benefit, protection or security under the Trust Agreement or become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been executed and dated by the Trustee. It is hereby certified that all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law and that the amount of this Bond, together with all other indebtedness of the Authority, does not exceed any limit prescribed by the Constitution or laws of the State of California and is not in excess of the amount of Bonds permitted to be issued under the Trust Agreement. A-4 4149-8008-7896.11 IN WITNESS WHEREOF, the Fresno Joint Powers Financing Authority has caused this Bond to be executed in its name and on its behalf by the facsimile signature of the Chairperson of the Authority and countersigned by the facsimile signature of the Secretary of said Authority, and has caused this Bond to be dated as of the original issue date specified above. FRESNO JOINT POWERS FINANCING AUTHORITY By Chairperson Countersigned: Secretary CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the Bonds described in the within- mentioned Trust Agreement which has been authenticated on . The Bank of New York Mellon Trust Company, N.A., as Trustee By: Authorized Signatory A-5 4149-8008-7896.11 ASSIGNMENT For value received the undersigned hereby sells, assigns and transfers unto (Taxpayer Identification Number: ) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Note: The signature to this Assignment must correspond with the name as written on the face of the Bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: Notice: Signature guarantee shall be made by a guarantor institution participating in the Securities Transfer Agents Medallion Program or in such other guarantee program acceptable to the Trustee. [STATEMENT OF INSURANCE] B-1 4149-8008-7896.11 EXHIBIT B FORM OF SERIES 2025B BOND FRESNO JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS (PUBLIC SAFETY PROJECTS) SERIES 2025B (FEDERALLY TAXABLE) No. $_______ NEITHER THE FULL FAITH AND CREDIT OF THE AUTHORITY NOR THE CITY OF FRESNO IS PLEDGED FOR THE PAYMENT OF THE INTEREST ON OR PRINCIPAL OF THE BONDS AND NO TAX OR OTHER SOURCE OF FUNDS OTHER THAN THE REVENUES HEREINAFTER REFERRED TO IS PLEDGED TO PAY THE INTEREST ON OR PRINCIPAL OF THE BONDS. NEITHER THE PAYMENT OF THE PRINCIPAL OF NOR INTEREST ON THE BONDS CONSTITUTES A DEBT, LIABILITY OR OBLIGATION OF THE CITY OF FRESNO. Interest Rate Maturity Date Original Issue Date CUSIP ______% REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: _______________________________________ DOLLARS The FRESNO JOINT POWERS FINANCING AUTHORITY, a joint exercise of powers authority, duly organized and validly existing under and pursuant to the laws of the State of California (the “Authority”), for value received hereby, promises to pay (but only out of the Revenues hereinafter referred to) to the registered owner identified above or registered assigns, on the maturity date specified above (subject to any right of prior redemption hereinafter provided for) the principal sum specified above, together with interest on such principal sum from the interest payment date next preceding the date of registration of this Bond (unless this Bond is registered as of an interest payment date or during the period from the sixteenth day of the month preceding an interest payment date to such interest payment date, in which event it shall bear interest from such interest payment date, or unless this Bond is registered prior to [FIRST IPD], in which event it shall bear interest from the original issue date specified above) until the principal hereof shall have been paid at the interest rate per annum specified above, payable on [FIRST IPD], and semiannually thereafter on each April 1 and October 1. Interest due on or before the maturity or prior redemption of this Bond shall be payable only by check mailed by first-class mail on the applicable interest payment date to the registered owner hereof; provided that upon the B-2 4149-8008-7896.11 written request of a Holder of $1,000,000 or more in aggregate principal amount of Bonds received by the Trustee prior to the applicable record date, interest shall be paid by wire transfer in immediately available funds. The principal hereof is payable in lawful money of the United States of America at the corporate trust office of The Bank of New York Mellon Trust Company, N.A. in Los Angeles, California or such other place as designated by the Trustee. This Bond is one of a duly authorized issue of bonds of the Authority designated as its “Lease Revenue Bonds (Public Safety Projects) Series 2025B (Federally Taxable)” (the “2025B Bonds”) in the aggregate principal amount of [2025B PAR WRITTEN OUT] dollars ($[2025B PAR]), all of like tenor and date (except for such variations, if any, as may be required to designate varying numbers, maturities and interest rates), and is issued under and pursuant to the provisions of the Joint Exercise of Powers Act (being Chapter 5 of Division 7 of Title 1 of the California Government Code, as amended) and all laws amendatory thereof or supplemental thereto (the “Act”) and under and pursuant to the provisions of a master trust agreement, dated as of September 1, 2025, between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”) (the “Trust Agreement”) (copies of which are on file at the corporate trust office of the Trustee in Los Angeles, California). Additional bonds of the same issue designated as the “Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects) Series 2025A” limited in aggregate principal amount to [2025A PAR WRITTEN OUT] dollars ($[2025A PAR]) (the “2025A Bonds”) are issued concurrently with the 2025B Bonds under the Trust Agreement. The Trust Agreement permits the issuance of additional bonds secured by the pledge and lien of the Trust Agreement upon satisfaction of the terms and conditions of the Trust Agreement. All bonds issued under the Trust Agreement, including the 2025B Bonds, are referred to herein as the “Bonds.” The Bonds are issued to provide funds to finance and refinance the cost of the acquisition and construction of various capital projects. The Bonds are limited obligations of the Authority and are payable, as to interest thereon and principal thereof, solely from investment earnings on certain funds and accounts held pursuant to the Trust Agreement and the revenues (the “Revenues”) derived from Base Rental Payments made by the City of Fresno (the “City”) pursuant to a master facilities sublease, dated as of September 1, 2025 (the “Facilities Sublease”), by and between the Authority and the City, and the Authority is not obligated to pay interest or premium, if any, on and principal of the Bonds except from the Revenues. The full faith and credit of the Authority and the City of Fresno are not pledged for the payment of the interest or premium, if any, on or principal of the Bonds. No tax shall ever be levied or collected to pay the interest on or principal of the Bonds. The Bonds are not secured by a legal or equitable pledge of or charge or lien upon any property of the Authority or any of its income or receipts except the Revenues, and neither the payment of the interest on nor principal of the Bonds is a debt, liability or general obligation of the Authority. Reference is hereby made to the Act and to the Trust Agreement and any and all amendments thereof and supplements thereto for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the Revenues, the rights of the registered owners of the Bonds, security for payment of the Bonds, remedies upon default and limitations thereon, and amendment of the Trust Agreement (with or without consent of the registered owners of the Bonds); and all the terms of the Trust Agreement are hereby incorporated herein and constitute a contract between the Authority and the registered owner of this Bond, to all the provisions of which the registered owner of this Bond, by acceptance hereof, agrees and consents. B-3 4149-8008-7896.11 The Bonds are subject to redemption by the Authority on the dates, at the prices, and pursuant to the terms and provisions set forth in the Trust Agreement. This Bond is transferable only on a register to be kept for that purpose at the above- mentioned corporate trust office of the Trustee or such other place as designated by the Trustee by the registered owner hereof in person or by his duly authorized attorney upon payment of the charges provided in the Trust Agreement and upon surrender of this Bond together with a written instrument of transfer satisfactory to the Trustee duly executed by the registered owner or his duly authorized attorney, and thereupon a new fully registered Bond or Bonds in the same aggregate principal amount in authorized denominations will be issued to the transferee in exchange therefor. The Authority and the Trustee may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of the interest hereon and principal hereof and for all other purposes, whether or not this Bond shall be overdue, and neither the Authority nor the Trustee shall be affected by any notice or knowledge to the contrary; and payment of the interest on and principal of this Bond shall be made only to such registered owner, which payments shall be valid and effectual to satisfy and discharge liability on this Bond to the extent of the sum or sums so paid. This Bond shall not be entitled to any benefit, protection or security under the Trust Agreement or become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been executed and dated by the Trustee. It is hereby certified that all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law and that the amount of this Bond, together with all other indebtedness of the Authority, does not exceed any limit prescribed by the Constitution or laws of the State of California and is not in excess of the amount of Bonds permitted to be issued under the Trust Agreement. B-4 4149-8008-7896.11 IN WITNESS WHEREOF, the Fresno Joint Powers Financing Authority has caused this Bond to be executed in its name and on its behalf by the facsimile signature of the Chairperson of the Authority and countersigned by the facsimile signature of the Secretary of said Authority, and has caused this Bond to be dated as of the original issue date specified above. FRESNO JOINT POWERS FINANCING AUTHORITY By Chairperson Countersigned: Secretary CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the Bonds described in the within- mentioned Trust Agreement which has been authenticated on . The Bank of New York Mellon Trust Company, N.A., as Trustee By: Authorized Signatory B-5 4149-8008-7896.11 ASSIGNMENT For value received the undersigned hereby sells, assigns and transfers unto (Taxpayer Identification Number: ) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Note: The signature to this Assignment must correspond with the name as written on the face of the Bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: Notice: Signature guarantee shall be made by a guarantor institution participating in the Securities Transfer Agents Medallion Program or in such other guarantee program acceptable to the Trustee. [STATEMENT OF INSURANCE] 4149-8008-7896.11 MASTER TRUST AGREEMENT between the FRESNO JOINT POWERS FINANCING AUTHORITY and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Trustee Dated as of September 1, 2025 Authorizing the Issuance of FRESNO JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS (PUBLIC SAFETY PROJECTS) including $[2025A PAR] Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025A and $[2025B PAR] Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable) TABLE OF CONTENTS Page -i- 4149-8008-7896.11 ARTICLE I DEFINITIONS; EQUAL SECURITY ............................................................ 2 SECTION 1.01 Definitions...................................................................................... 2 SECTION 1.02 Equal Security .............................................................................. 18 ARTICLE II ISSUANCE OF BONDS ............................................................................... 18 SECTION 2.01 Authorization and Purpose of Series 2025 Bonds ....................... 18 SECTION 2.02 Terms of the Series 2025 Bonds .................................................. 18 SECTION 2.03 Redemption of Bonds and Series 2025 Bonds ............................. 20 SECTION 2.04 Form of Bonds ............................................................................. 22 SECTION 2.05 Execution of Bonds ...................................................................... 22 SECTION 2.06 Transfer and Payment of Bonds ................................................... 22 SECTION 2.07 Exchange of Bonds ...................................................................... 23 SECTION 2.08 Bond Registration Books ............................................................. 23 SECTION 2.09 Mutilated, Destroyed, Stolen or Lost Bonds ................................ 23 SECTION 2.10 Temporary Bonds......................................................................... 24 SECTION 2.11 Procedure for the Issuance of Series 2025 Bonds ........................ 24 SECTION 2.12 Use of Moneys in the Acquisition and Construction Fund .......... 25 SECTION 2.13 Validity of Bonds ......................................................................... 26 SECTION 2.14 Special Covenants as to Book-Entry Only System for Bonds ........................................................................................... 27 ARTICLE III ISSUANCE OF ADDITIONAL BONDS ..................................................... 28 SECTION 3.01 Conditions for the Issuance of Additional Bonds ........................ 28 SECTION 3.02 Proceedings for Authorization of Additional Bonds ................... 29 SECTION 3.03 Limitations on the Issuance of Obligations Payable from Revenues ...................................................................................... 30 ARTICLE IV REVENUES ................................................................................................... 30 SECTION 4.01 Pledge of Revenues ...................................................................... 30 SECTION 4.02 Receipt and Deposit of Revenues in the Revenue Fund; Assignment .................................................................................. 31 SECTION 4.03 Establishment and Maintenance of Accounts for Use of Money in the Revenue Fund ........................................................ 31 SECTION 4.04 Reserve Surety Policies and Letters of Credit ............................. 32 TABLE OF CONTENTS (continued) Page -ii- 4149-8008-7896.11 SECTION 4.05 Application of Insurance Proceeds .............................................. 33 SECTION 4.06 Deposit and Investments of Money in Accounts and Funds ....... 34 ARTICLE V COVENANTS OF THE AUTHORITY ........................................................ 35 SECTION 5.01 Punctual Payment and Performance ............................................ 35 SECTION 5.02 Against Encumbrances................................................................. 35 SECTION 5.03 Tax Covenants ............................................................................. 35 SECTION 5.04 Accounting Records and Reports................................................. 36 SECTION 5.05 Prosecution and Defense of Suits ................................................ 36 SECTION 5.06 Further Assurances....................................................................... 36 ARTICLE VI THE TRUSTEE ............................................................................................. 37 SECTION 6.01 The Trustee .................................................................................. 37 SECTION 6.02 Liability of Trustee ...................................................................... 38 SECTION 6.03 Compensation and Indemnification of Trustee ............................ 40 ARTICLE VII AMENDMENT OF THE TRUST AGREEMENT ....................................... 41 SECTION 7.01 Amendment of the Trust Agreement ........................................... 41 SECTION 7.02 Disqualified Bonds....................................................................... 42 SECTION 7.03 Endorsement or Replacement of Bonds After Amendment ........ 42 SECTION 7.04 Amendment by Mutual Consent .................................................. 42 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES OF HOLDERS ....................... 42 SECTION 8.01 Events of Default and Acceleration of Maturities ....................... 42 SECTION 8.02 Application of Funds Upon Acceleration .................................... 43 SECTION 8.03 Institution of Legal Proceedings by Trustee ................................ 44 SECTION 8.04 Non-Waiver.................................................................................. 44 SECTION 8.05 Actions by Trustee as Attorney-in-Fact ....................................... 45 SECTION 8.06 Remedies Not Exclusive .............................................................. 45 SECTION 8.07 Limitation on Holders’ Right to Sue ............................................ 45 ARTICLE IX DEFEASANCE.............................................................................................. 46 SECTION 9.01 Discharge of Bonds ...................................................................... 46 SECTION 9.02 Unclaimed Money ........................................................................ 46 ARTICLE X MISCELLANEOUS ...................................................................................... 47 TABLE OF CONTENTS (continued) Page -iii- 4149-8008-7896.11 SECTION 10.01 Liability of Authority Limited to Revenues ................................. 47 SECTION 10.02 Benefits of the Trust Agreement Limited to Parties .................... 47 SECTION 10.03 Successor Is Deemed Included In All References To Predecessor .................................................................................. 47 SECTION 10.04 Execution of Documents by Holders ........................................... 48 SECTION 10.05 Waiver of Personal Liability ........................................................ 48 SECTION 10.06 Acquisition of Bonds by Authority .............................................. 48 SECTION 10.07 Destruction of Cancelled Bonds .................................................. 48 SECTION 10.08 Content of Certificates ................................................................. 48 SECTION 10.09 Publication for Successive Weeks ............................................... 49 SECTION 10.10 Accounts and Funds; Business Days ........................................... 49 SECTION 10.11 Notices ......................................................................................... 49 SECTION 10.12 Article and Section Headings and References ............................. 50 SECTION 10.13 Partial Invalidity........................................................................... 50 SECTION 10.14 Execution in Several Counterparts............................................... 50 SECTION 10.15 Amendments to Facilities Lease and Facilities Sublease ............ 51 SECTION 10.16 Governing Law ............................................................................ 51 SECTION 10.17 Series 2025 Bond Insurance and Reserve Policy Provisions ....... 51 EXHIBIT A FORM OF SERIES 2025A BOND ............................................................. A-1 EXHIBIT B FORM OF SERIES 2025B BOND .............................................................. B-1 DRAFT 6/26/2025 4157-6371-7980.4 Recording Requested By: City of Fresno, California After Recording Mail To: Orrick, Herrington & Sutcliffe LLP 405 Howard Street San Francisco, CA 94105 Attn: Steffi Chan, Esq. (Recording Fee Exempt under Section 6103 of the California Government Code) AMENDMENT TO MASTER FACILITIES LEASE by and between the CITY OF FRESNO and the FRESNO JOINT POWERS FINANCING AUTHORITY Dated as of _______ 1, 2025 (Relating to the Master Facilities Lease dated as of April 1, 2008) (Releasing the Municipal Services Center) TABLE OF CONTENTS Page -i- 4157-6371-7980.4 SECTION 1. TERMINATION OF WITHDRAWN PROPERTY ............................ 2 SECTION 2. CALIFORNIA LAW ........................................................................... 2 SECTION 3. EFFECTIVE UPON EXECUTION; COUNTERPARTS ................... 2 SECTION 4. EFFECT OF AMENDMENT .............................................................. 2 SECTION 5. DEFINITIONS ..................................................................................... 2 EXHIBIT A DESCRIPTION OF WITHDRAWN PROPERTY................................... A-1 4157-6371-7980.4 AMENDMENT TO MASTER FACILITIES LEASE This Amendment to Master Facilities Lease (the “Amendment to Master Facilities Lease”), dated as of _____1, 2025, by and between the CITY OF FRESNO, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the “City”), as lessor, and the FRESNO JOINT POWERS FINANCING AUTHORITY, a public entity and agency, duly organized and existing pursuant to an agreement entitled “Joint Exercise of Powers Agreement by and between the City of Fresno and the Redevelopment Agency of the City of Fresno” (the “Authority”), as lessee; W I T N E S S E T H WHEREAS, this Amendment to Master Facilities Lease is entered into in order to supplement in certain respects a lease between the City and the Authority entitled “Master Facilities Lease,” dated as of April 1, 2008, and recorded on April 29, 2008 in the Office of the County Recorder of the County of Fresno (the “County Recorder”), under Recorder’s Serial No. 2008-0061752 (the “Original Lease”), as heretofore amended and supplemented, including as amended and supplemented by the First Amendment to Master Facilities Lease, dated as of May 1, 2008, and recorded on June 12, 2008 in the Office of the County Recorder, under Recorder’s Serial No. 2008-0085028 (the “First Amendment to Original Lease”), and the Second Amendment to Master Facilities Lease, dated as of August 1, 2008, and recorded on August 14, 2008 in the Office of the County Recorder, under Recorder’s Serial No. 2008-0115786 (the “Second Amendment to Original Lease”), and the Third Amendment to Master Facilities Lease, dated as of May 1, 2017, and recorded on May 10, 2017 in the Office of the County Recorder, under Recorder’s Serial No. 2017- 0057675 (the “Third Amendment to Original Lease”) and the Fourth Amendment to Master Facilities Lease, dated as of October 1, 2020, and recorded on November 3, 2020 in the Office of the County Recorder, under Recorder’s Serial No. 2020- 0156983 ( the “Fourth Amendment to Original Lease” and, collectively with the Original Lease, the First Amendment to Original Lease, the Second Amendment to Original Lease and the Third Amendment to Original Lease, the “Facilities Lease”); WHEREAS, pursuant to the Facilities Lease, the Authority agreed to lease from the City certain real property located in the City, together with improvements, if any, from time to time located thereon (as more particularly described in the Facilities Lease, the “Facilities”), including the Municipal Services Center (as further described in the Facilities Lease); WHEREAS, pursuant to that certain Master Facilities Sublease, dated as of April 1, 2008, as heretofore amended and supplemented (the “Facilities Sublease”), the City agreed to lease the Facilities back from the Authority for the purposes and in the manner described therein; WHEREAS, pursuant to Section 1 of the Facilities Lease and Section 2.03 of the Facilities Sublease, the City has the right at any time to, among other things, release property from the Facilities, subject to and in compliance with the terms of the Facilities Lease and Facilities Sublease; 2 4157-6371-7980.4 WHEREAS, the City desires to withdraw the Municipal Services Center from the Facilities (as described in Exhibit A, the “Withdrawn Property”), and has in all respects duly authorized such withdrawal and the execution and delivery of this Amendment; and NOW, THEREFORE, THIS AMENDMENT TO MASTER FACILITIES LEASE expressly declares that in consideration of mutual covenants and agreements herein and in the Facilities Lease contained, the City and the Authority do hereby agree and covenant as follows: SECTION 1. Termination of Withdrawn Property. The Facilities Lease is hereby terminated with respect to the Withdrawn Property, as described in Exhibit A hereto, and the Withdrawn Property is hereby withdrawn as part of the Facilities. The property description of the Municipal Services Center as set forth in Exhibit A to the Facilities Lease is hereby amended to remove the property description set forth in Exhibit A hereto. SECTION 2. California Law. This Amendment shall be construed and governed in accordance with the laws of the State of California. SECTION 3. Effective Upon Execution; Counterparts. This Amendment shall become effective upon the date of recordation hereof in the office of the Fresno County Recorder. This Amendment may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, and all such counterparts, shall together constitute but one and the same instrument. SECTION 4. Effect of Amendment. From and after the date of recordation hereof in the office of the Fresno County Recorder, the Facilities Lease shall be deemed to be modified and amended in accordance with this Amendment, and the respective rights, duties and obligations under the Facilities Lease of the City and the Authority shall thereafter be determined, exercised and enforced as specified in the Facilities Lease subject in all respects to the modification and amendment contained herein and the terms and conditions of this Amendment shall be deemed to be a part of the terms and conditions of the Facilities Lease for any and all purposes. SECTION 5. Definitions. Capitalized terms used in this Amendment and not otherwise defined shall have the meanings given such terms in the Facilities Lease. (Remainder of Page Intentionally Left Blank) 3 4157-6371-7980.4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Master Facilities Lease by their officers thereunto duly authorized as of the day and year first written above. CITY OF FRESNO, as Lessor By FRESNO JOINT POWERS FINANCING AUTHORITY, as Lessee By 4157-6371-7980.4 CONSENT OF THE TRUSTEE The undersigned, as Trustee pursuant to that certain Trust Agreement, dated as of April 1, 2008, by and between Fresno Joint Powers Financing Authority and The Bank of New York Mellon Trust Company, N.A., as successor trustee, as heretofore amended and supplemented, hereby consents to the execution and delivery of this Amendment to Master Facilities Lease for the purposes set forth herein. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee By 4157-6371-7980.4 [NOTARY ACKNOWLEDGEMENTS TO BE INCLUDED HERE] A-1 4157-6371-7980.4 EXHIBIT A DESCRIPTION OF WITHDRAWN PROPERTY (MUNICIPAL SERVICES CENTER) All of that certain real property situated in the City of Fresno, State of California, described as follows: [to come] DRAFT 6/26/2025 4141-9282-0060.4 Recording Requested By: City of Fresno, California After Recording Mail To: Orrick, Herrington & Sutcliffe LLP 405 Howard Street San Francisco, CA 94105 Attn: Steffi Chan, Esq. (Recording Fee Exempt under Section 6103 of the California Government Code) AMENDMENT TO MASTER FACILITIES SUBLEASE by and between the FRESNO JOINT POWERS FINANCING AUTHORITY and the CITY OF FRESNO Dated as of _______ 1, 2025 (Relating to the Master Facilities Sublease dated as of April 1, 2008) (Releasing the Municipal Services Center) TABLE OF CONTENTS Page -i- 4141-9282-0060.4 SECTION 1. TERMINATION OF WITHDRAWN PROPERTY ............................ 2 SECTION 2. CALIFORNIA LAW ........................................................................... 2 SECTION 3. EFFECTIVE UPON EXECUTION; COUNTERPARTS ................... 2 SECTION 4. EFFECT OF AMENDMENT .............................................................. 2 SECTION 5. DEFINITIONS ..................................................................................... 2 EXHIBIT A DESCRIPTION OF WITHDRAWN PROPERTY.................................. A-1 4141-9282-0060.4 AMENDMENT TO MASTER FACILITIES SUBLEASE This Amendment to Master Facilities Sublease, dated as of ______1, 2025 (the “Amendment to Master Facilities Sublease”), by and between FRESNO JOINT POWERS FINANCING AUTHORITY (the “Authority”), a public entity and agency, duly organized and existing pursuant to an agreement entitled “Joint Exercise of Powers Agreement” by and between the City of Fresno and the Redevelopment Agency of the City of Fresno, as lessor, and the CITY OF FRESNO (the “City”), a charter city and municipal corporation duly organized and validly existing under the Constitution and laws of the State of California, as lessee; W I T N E S S E T H: WHEREAS, the City has entered into a Master Facilities Lease with the Authority, dated as of April 1, 2008, and recorded on April 29, 2008 in the Office of the County Recorder of the County (the “County Recorder”) under Recorder’s Serial No. 2008-0061752, as heretofore amended and supplemented, including as amended and supplemented by the First Amendment to Master Facilities Lease, dated as of May 1, 2008, and recorded on June 12, 2008 in the Office of the County Recorder under Recorder’s Serial No. 2008-0085028, the Second Amendment to Master Facilities Lease, dated as of August 1, 2008, and recorded on August 14, 2008 in the Office of the County Recorder under Recorder’s Serial No. 2008-0115786, the Third Amendment to Master Facilities Lease, dated as of May 1, 2017 and recorded on May 10, 2017 in the Office of the County Recorder under Recorder’s Serial No. 2017- 0057676 and the Fourth Amendment to Master Facilities Lease, dated as of October 1, 2020 and recorded on November 3, 2020 in the Office of the County Recorder under Recorder’s Serial No. 2020-0156983 (the “Facilities Lease”), pursuant to which certain facilities and the respective sites (collectively, the “Facilities”) were leased to the Authority, including the Municipal Services Center (as further described in the Facilities Lease); WHEREAS, the City has entered into a Master Facilities Sublease with the Authority, dated as of April 1, 2008, and recorded on April 29, 2008 in the Office of the County Recorder under Recorder’s Serial No. 2008-0061753 (the “Original Sublease”), as heretofore amended and supplemented, including as amended and supplemented by a First Amendment to Master Facilities Sublease with the Authority, dated as of May 1, 2008, and recorded on June 12, 2008 in the Office of the County Recorder under Recorder’s Serial No. 2008-0085029 (the “First Amendment to Original Sublease”), a Second Amendment to Master Facilities Sublease with the Authority, dated as of August 1, 2008, and recorded on August 14, 2008 in the Office of the County Recorder under Recorder’s Serial No. 2008-0115787 (the “Second Amendment to Original Sublease”), a Third Amendment to Master Facilities Sublease with the Authority, dated as of May 1, 2017 and recorded on May 10, 2017 in the Office of the County Recorder under Recorder’s Serial No. 2017-0057676-00 (the “Third Amendment to Original Sublease”) and a Fourth Amendment to Master Facilities Sublease, dated as of October 1, 2020 and recorded on November 3, 2020 in the Office of the County Recorder under Recorder’s Serial No. 2020- 0156984 (the “Fourth Amendment to Original Sublease” and, collectively with the Original Sublease, First Amendment to Original Sublease, Second Amendment to Original Sublease and Third Amendment to Original Sublease, the “Facilities Sublease”) pursuant to which the Authority leased back the Facilities to the City; 2 4141-9282-0060.4 WHEREAS, pursuant to Section 2.03 of the Facilities Sublease and Section 1 of the Facilities Lease, the City has the right from time to time to release property from the Facilities, subject to the conditions set forth in the Facilities Lease and Facilities Sublease; WHEREAS, the City desires to withdraw the Municipal Services Center from the Facilities (as described in Exhibit A, the “Withdrawn Property”), and has in all respects duly authorized such withdrawal and the execution and delivery of this Amendment; NOW, THEREFORE, THIS AMENDMENT TO MASTER FACILITIES SUBLEASE expressly declares that in consideration of mutual covenants and agreements herein and in the Facilities Sublease contained, the City and the Authority do hereby agree and covenant as follows: SECTION 1. Termination of Withdrawn Property. The Facilities Sublease is hereby terminated with respect to the Withdrawn Property, as described in Exhibit A hereto, and the Withdrawn Property is hereby withdrawn as part of the Facilities. The property description of the Municipal Services Center as set forth in Exhibit A to the Facilities Sublease is hereby amended to remove the property description set forth in Exhibit A hereto. SECTION 2. California Law. This Amendment shall be construed and governed in accordance with the laws of the State of California. SECTION 3. Effective Upon Execution; Counterparts. This Amendment shall become effective upon the date of recordation hereof in the office of the Fresno County Recorder. This Amendment may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the City and the Authority shall preserve undestroyed, shall together constitute but one and the same instrument. SECTION 4. Effect of Amendment. From and after the date of recordation hereof in the office of the Fresno County Recorder, the Facilities Sublease shall be deemed to be modified and amended in accordance with this Amendment, and the respective rights, duties and obligations under the Facilities Sublease of the City and the Authority shall thereafter be determined, exercised and enforced as specified in the Facilities Sublease subject in all respects to the modification and amendment contained herein and the terms and conditions of this Amendment shall be deemed to be a part of the terms and conditions of the Facilities Sublease for any and all purposes. SECTION 5. Definitions. Capitalized terms used in this Amendment and not otherwise defined shall have the meanings given such terms in the Facilities Sublease. 3 4141-9282-0060.4 IN WITNESS WHEREOF, the parties hereto have executed and this Amendment to Master Facilities Sublease by their officers thereunto duly authorized as of the day and year first written above. FRESNO JOINT POWERS FINANCING AUTHORITY, as Lessor By CITY OF FRESNO, as Lessee By 4141-9282-0060.4 CONSENT OF THE TRUSTEE The undersigned, as Trustee pursuant to that certain Trust Agreement, dated as of April 1, 2008, by and between Fresno Joint Powers Financing Authority and The Bank of New York Mellon Trust Company, N.A., as successor trustee, as heretofore amended and supplemented, hereby consents to the execution and delivery of this Amendment to Master Facilities Sublease for the purposes set forth herein. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee By 4141-9282-0060.4 [NOTARY ACKNOWLEDGEMENTS TO BE INCLUDED HERE] A-1 4141-9282-0060.4 EXHIBIT A DESCRIPTION OF WITHDRAWN PROPERTY (MUNICIPAL SERVICES CENTER) All of that certain real property situated in the City of Fresno, State of California, described as follows: [to come] DRAFT 6/26/2025 4134-6582-7932.4 CERTIFICATE AND CONSENT OF BOND INSURER ______, 2025 The undersigned, a duly authorized signatory of Assured Guaranty Municipal Corp. (the “Bond Insurer”), as issuer of the municipal bond insurance policy related to the Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects) (the “Bonds”), hereby certifies as follows: 1. The Bonds have been issued pursuant to the Master Trust Agreement, dated as of April 1, 2008, as heretofore amended and supplemented (the “Trust Agreement”), between the Fresno Joint Powers Financing Authority (the “Authority”) and The Bank of New York Mellon Trust Company, N.A., as successor trustee (the “Trustee”). 2. The Bond Insurer does hereby approve the release of the Withdrawn Property from the Facilities, as described in Exhibit A of the Amendment to Master Facilities Lease, dated as of _________, 2025, and Exhibit A to the Amendment to Master Facilities Sublease, dated as of _________, 2025. 3. Capitalized terms used herein and not otherwise defined shall have the meaning ascribed thereto in the Trust Agreement. (Remainder of Page Intentionally Left Blank) 2 4134-6582-7932.4 IN WITNESS WHEREOF, the undersigned has executed and delivered this Certificate and Consent of Bond Insurer on the date first written above. ASSURED GUARANTY MUNICIPAL CORP. By: Authorized Representative DRAFT 6/26/2025 4160-6629-6412.3 CERTIFICATE OF THE CITY OF FRESNO RE: FACILITIES RELEASE ________, 2025 The undersigned Controller of the City of Fresno, a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (the “City”) hereby certifies as follows: 1. I am the duly qualified and acting Controller of the City and have full power and authority to execute and deliver this certificate on behalf of the City. 2. I have reviewed information regarding the value of the Facilities leased pursuant to the Master Facilities Sublease, dated as of April 1, 2008, as amended and supplemented, including as amended by the First Amendment to Master Facilities Sublease, dated as of May 1, 2008, the Second Amendment to Master Facilities Sublease, dated as of August 1, 2008, the Third Amendment to Master Facilities Sublease, dated as of May 1, 2017, the Fourth Amendment to Master Facilities Sublease, dated as of October 1, 2020 and the Amendment to Master Facilities Sublease, dated as of ________, 2025 (the “Amendment to Master Facilities Sublease” and, collectively, as amended and supplemented, the “Facilities Sublease”), between the City and the Fresno Joint Powers Financing Authority. 3. The annual fair rental value of the Facilities that will constitute the Facilities after the withdrawal of the Municipal Services Center, which withdrawn property is described in Exhibit A to the Amendment to Master Facilities Sublease (the “Facilities Release”) will be at least equal to 100% of the maximum amount of Base Rental Payments under the Facilities Sublease becoming due in the current fiscal year or in any subsequent fiscal year. 4. The Facilities Release does not adversely affect the City’s use and occupancy of the Facilities. All capitalized terms used herein which are not otherwise defined shall have the same meanings as in the Facilities Sublease. (Remainder of Page Intentionally Left Blank) 2 4160-6629-6412.3 IN WITNESS WHEREOF, the undersigned has executed and delivered this Certificate of the City Re: Facilities Release as of the date first written above. CITY OF FRESNO By: Controller AFS Draft 07/31/2025 1 FORM OF CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the “Disclosure Certificate”) is executed and delivered by the City of Fresno, a municipal corporation and chartered city duly organized and validly existing under the Constitution and the laws of the State of California (the “City”), on behalf of the Fresno Joint Powers Financing Authority (the “Authority”) in connection with the issuance of $_________ Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025A (the “Series 2025A Bonds”) and $_________ Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable) (the “Series 2025B Bonds” and, together with the Series 2025A Bonds, the “Series 2025 Bonds”). The Series 2025 Bonds are being issued pursuant to a Master Trust Agreement dated as of September 1, 2025 (the “Trust Agreement”), by and between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”). The Series 2025 Bonds are secured by and payable from a pledge, charge and lien upon, certain rental payments received by the Authority from the City (the “Base Rental Payments”) pursuant to a Master Facilities Sublease, dated as of September 1, 2025 (the “Sublease”), by and between the Authority and the City. The City covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the City for the benefit of the Holders of the Series 2025 Bonds and in order to assist the Participating Underwriter in complying with S.E.C. Rule 15c2-12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Trust Agreement, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section 2, the following capitalized terms shall have the following meanings: “Annual Report” shall mean any Annual Report provided by the City pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Beneficial Owner” shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series 2025 Bonds (including persons holding Series 2025 Bonds through nominees, depositories or other intermediaries). “Disclosure Representative” shall mean the Controller of the City or her or his designee, or such other officer or employee as the City shall designate in writing to the Dissemination Agent from time to time. “Dissemination Agent” shall mean Willdan Financial Services, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by the City. “EMMA” shall mean the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access System for municipal securities disclosures, maintained on the Internet at http://emma.msrb.org/. “Filing Date” shall mean March 31 of each Fiscal Year of the City (or the next succeeding business day if such day is not a business day), commencing March 31, 2026. “Financial Obligation” means a debt obligation; derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or a guarantee of a debt obligation or derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation. The term “Financial Obligation” excludes municipal securities for which a final official statement has been provided to the MSRB consistent with the Rule. 2 “Fiscal Year” shall mean the period beginning on July 1 of each year and ending on the next succeeding June 30, or any other twelve-month period hereafter selected and designated as the official fiscal year period of the City and certified to the Trustee in writing by an Authorized Representative of the City. “Holders” shall mean either the registered owners of the Series 2025 Bonds, or, if the Series 2025 Bonds are registered in the name of The Depository Trust Company or another recognized depository, any applicable participant in its depository system. “MSRB” means the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information for purposes of the Rule, or any other repository of disclosure information that may be designated by the Securities and Exchange Commission as such for purposes of the Rule in the future. “Obligated Person” means any person, including the City, who is either generally or through an enterprise, fund, or account of such person committed by contract or other arrangement to support payment of all, or part of the obligations on the Bonds (other than providers of municipal bond insurance, letters of credit, or other liquidity facilities. “Official Statement” means the Official Statement dated __________, 2025 relating to the 2025 Bonds. “Participating Underwriter” shall mean the original underwriter of the Series 2025 Bonds required to comply with the Rule in connection with offering of the Series 2025 Bonds. “Rule” shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time and including any official interpretations thereof issued either before or after the effective date of this Disclosure Certificate which are applicable to this Disclosure Certificate. “Specified Event” shall mean any of the events listed in Section 5(a) or Section 5(b) of this Disclosure Certificate and any other event legally required to be reported pursuant to the Rule. “State” shall mean the State of California. SECTION 3. Provision of Annual Reports. (a) The City shall, provide or shall cause the Dissemination Agent to provide, to the MSRB not later than the Filing Date, an Annual Report that is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report shall be submitted in electronic format, accompanied by such identifying information as is prescribed by the MSRB, and may include by reference other information as provided in Section 4 of this Disclosure Certificate; provided, that the audited financial statements of the City may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Fiscal Year of the City changes, it shall give notice of such change in the same manner as for a Specified Event under Section 5. The Dissemination Agent shall have no duty or obligation to review such Annual Report. (b) If by fifteen (15) business days prior to the date specified in subsection (a) for providing the Annual Report to the MSRB, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall notify the City of such failure to receive the Annual Report. 3 (c) If the Dissemination Agent is unable to verify that an Annual Report has been provided to the MSRB by the date required in subsection (a), the Dissemination Agent shall send a notice to the MSRBin substantially the form attached as Exhibit A. (d) The Dissemination Agent shall: 1. If the City is unable to provide to the Dissemination Agent an Annual Report by the Filing Date, and if not previously filed by the City, send a notice in a timely manner, in electronic format, to the MSRB in substantially the form attached hereto as Exhibit A. 2. File a report with the City certifying that the Annual Report has been provided pursuant to this Disclosure Certificate and stating the date it was provided. SECTION 4. Content of Annual Reports. The City’s Annual Report shall contain or incorporate by reference the following: (a) The audited financial statements of the City, presented in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time. If the audited financial statements of the City are not available by the time the Annual Report is required to be filed as described above, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) A maturity schedule for the outstanding Series 2025 Bonds. (c) The balance in each of the following funds established pursuant to the Trust Agreement as of the close of the prior Fiscal Year: (i) the Acquisition and Construction Fund; and (ii) the Reserve Account (with a statement of the current Reserve Account Requirement). (d) A statement of the principal amount of Series 2025 Bonds redeemed in the prior fiscal year, provided however, that no such statement in the Annual Report shall be required if the information which would be included therein has been provided in accordance with Section 5 hereof. (e) An identification of any real property substituted for a Leased Facility under a Master Sublease. (f) The adopted budget of the City for the then current Fiscal Year. (g) To the extent such information is not included in the audited financial statements, information updating information similar to that contained in Table A-3–“General Fund Balance Sheet,” Table A-4–“General Fund Revenues and Expenditures and Changes in Fund Balances,” Table A-7– “Assessed Value of Taxable Property,” Table A-8–“Assessed Valuation of Parcels by Land Use,” Table A- 10–“Principal Secured Taxable Property Owners by Valuation,” Table 11–“Property Tax Levies and Collections,” Table A-12–“Taxable Retail Sales,” Table A-16–“Fire and Police System–Schedule of Funding Progress,” Table A-17–“Employees’ Retirement System–Schedule of Funding Progress,” Table A-18–“Fire and Police Retirement System–Schedule of Employer Contributions,” Table A-19–“Employees Retirement System–Schedule of Employer Contributions,” Table A-22–“Long-Term General Fund 4 Obligations,” Table A-24–“Direct and Overlapping Debt Statement,” and Table A-35–“Building Permit Valuation” to the Official Statement. (h) A description of any event of default under the Trust Agreement. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the City or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify each such other document so included by reference. SECTION 5. Reporting of Specified Events. (a) Pursuant to the provisions of this Disclosure Agreement, the City shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Series 2025 Bonds, no later than ten (10) Business Days after the occurrence of such event: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults, if material. 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed (Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Series 2025A Bonds, or other material events affecting the tax status of the Series 2025 Bonds; 7. Modifications to rights of the Series 2025 Bond Holders, if material; 8. Bond calls, if material, and tender offers; 9. Defeasances; 10. Release, substitution, or sale of property, if any, securing repayment of the Series 2025 Bonds, if material; 11. Rating changes; 12. Bankruptcy, insolvency, receivership or similar event of the City or other Obligated Person; 13. The consummation of a merger, consolidation, or acquisition involving the City or an Obligated Person, or the sale of all or substantially all of the assets of the City or an Obligated Person (other than in the ordinary course of business), the entry into a definitive agreement to undertake such an action, or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; 5 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material; 15. Incurrence of a Financial Obligation of the City or other Obligated Person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City or other Obligated Person, any of which affect security holders, if material; and 16. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City or other Obligated Person, any of which reflect financial difficulties. (b) Wherever the City obtains knowledge of the occurrence of Specified Event, the City shall, or shall cause the Dissemination Agent (if not the City) to, file a notice of such occurrence with the MSRB, in an electronic format as prescribed by the MSRB, in a timely manner not in excess of ten (10) business days after the occurrence of the Specified Event. (c) The City acknowledges that the events described in subparagraphs (a)(2), (a)(7), (a) (8) (if the event is a bond call), (a)(10), (a)(12), (a)(13), (a)(14), and (a)(15) of this Section 5 contain the qualifier “if material.” The City shall cause a notice to be filed as set forth in this Section 5 with respect to any such event only to the extent that it determines the event’s occurrence is material for purposes of U.S. federal securities law. Whenever the City obtains knowledge of the occurrence of any of these Specified Events, the City will as soon as possible determine if such event would be material under applicable federal securities law. If such event is determined to be material, the City will cause a notice to be filed as set forth in Section 5(b). (d) If in response to a request under Section 5(b), the City determines that the Specified Event would not be material under applicable federal securities laws, the City shall so notify the Trustee in writing and instruct the Dissemination Agent not to report the occurrence. (e) If the Dissemination Agent has been instructed by the City to report the occurrence of a Specified Event, the Dissemination Agent shall file a notice of such occurrence with the MSRB. Notwithstanding the foregoing, notice of Specified Events described in Section 5(a)(viii) and (ix) need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to Holders of affected Bonds pursuant to the Trust Agreement. (f) For purposes of this Disclosure Agreement, any event described in Section 5(a)(xii) above is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City or other Obligated Person in a proceeding under the United States Bankruptcy Code or in any other proceeding under federal or State law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City or other Obligated Person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City or other Obligated Person. (g) The Dissemination Agent may conclusively rely on an opinion of counsel that the instructions of the City to the Dissemination Agent under this Section 5 comply with the requirements of the Rule. 6 SECTION 6 CUSIP Numbers. Whenever providing information to the Dissemination Agent, including but not limited to Annual Reports, documents incorporated by reference to the Annual Reports, Audited Financial Statements and notices of Specified Events, the City shall indicate the full name of the Series 2025 Bonds and the nine-digit CUSIP numbers for the Series 2025 Bonds as to which the provided information relates. SECTION 7. Termination of Reporting Obligation. The City’s obligations under this Disclosure Certificate shall terminate upon the defeasance, prior redemption or payment in full of all of the Series 2025 Bonds. SECTION 8. Dissemination Agent. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent may resign at any time upon delivery of written notice thereof to the City at least 30 days prior to the effective date of such resignation. If at any time there is not any other designated Dissemination Agent, the City shall be the Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the City pursuant to this Disclosure Certificate. SECTION 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the City may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied with respect to such amendment or waiver: (a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or a change in the nature, identity or status of an Obligated Person with respect to the Series 2025 Bonds or the type of business conducted by such person; (b) The undertaking in this Disclosure Certificate, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Series 2025 Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the Holders of the Series 2025 Bonds in the same manner as provided in the Trust Agreement for amendments to such Trust Agreement with the consent of Holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial Owners of the Series 2025 Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the City shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information being presented by the City. SECTION 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the City chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the City shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. 7 SECTION 11. Default. In the event of a failure of the City to comply with any provision of this Disclosure Certificate, any Holder or Beneficial Owner of the Series 2025 Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Trust Agreement and the sole remedy under this Disclosure Certificate in the event of any failure of the City to comply with this Disclosure Certificate shall be an action to compel performance. SECTION 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the City, the Dissemination Agent, the Participating Underwriter and Holders and Beneficial Owners from time to time of the Series 2025 Bonds, and shall create no rights in any other person or entity. Date: __________, 2025 CITY OF FRESNO By:_________________________________ Finance Director/City Controller Acknowledged and Accepted: WILLDAN FINANCIAL SERVICES, as Dissemination Agent By:_________________________________ [Name]. [Title] AFS Draft 07/31/2025 8 EXHIBIT A NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Fresno Joint Powers Financing Authority Name of Bond Issues: Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025A and Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable) Date of Issuance: __________, 2025 NOTICE IS HEREBY GIVEN that the City of Fresno (the “City”) has not provided an Annual Report with respect to the above-named Bonds as required by the Disclosure Certificate executed in connection with the issuance of the Series 2025 Bonds and Section 8.08 of the Master Sublease dated as of September 1, 2025 between the City and the Fresno Joint Powers Financing Authority. The City anticipates that the Annual Report will be filed by _____________. Dated:_______________ WILLDAN FINANCIAL SERVICES, as Dissemination Agent By:___________________________________ Authorized Officer cc: City of Fresno Anzel Galvan Draft 7-30-2025 1 FRESNO JOINT POWERS FINANCING AUTHORITY $________ Lease Revenue Bonds (Public Safety Projects), Series 2025A $________ Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable) BOND PURCHASE AGREEMENT [Pricing Date] Fresno Joint Powers Financing Authority 2600 Fresno Street Fresno, California 93721 Attention: Executive Director City of Fresno 2600 Fresno Street Fresno, California 93721 Attention: City Manager Ladies and Gentlemen: The undersigned, Loop Capital Markets LLC (the “Underwriter”), acting not as a fiduciary or agent for you, but on behalf of itself, offers to enter into this Bond Purchase Agreement (which, together with the exhibits hereto, is referred to as the “Purchase Agreement”) with the Fresno Joint Powers Financing Authority (the “Authority”) and the City of Fresno, California (the “City”), which, upon the acceptance of the Authority and the City, will be binding upon the Authority, the City and the Underwriter. This offer is made subject to acceptance by the Authority and by the City by the execution of this Purchase Agreement and delivery of the same to the Underwriter prior to 11:59 P.M., California time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the Underwriter upon notice delivered to the Authority and the City at any time prior to the acceptance hereof by the Authority and the City. Capitalized terms that are used herein and not otherwise defined have the meanings that are set forth in the Master Trust Agreement, dated as of September 1, 2025 (the “Master Trust Agreement”), by and among the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”). Section 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements herein set forth, the Underwriter hereby agrees to purchase from the Authority, and the Authority hereby agrees to issue, sell and deliver to the Underwriter all (but not less than all) of the (i) Fresno Joint Powers Financing Authority Lease Revenue Bonds, Series 2025A in the aggregate principal amount of $__________ (the “Series 2025A Bonds”), and (ii) Fresno Joint Powers Financing Authority Lease Revenue Bonds, Series 2025B (Federally Taxable) (the “Series 2025B Bonds” and collectively with the Series 2025A Bonds, the “Series 2025 Bonds”). The Series 2025 Bonds will be dated as of their date of delivery. Interest on the Series 2025 Bonds shall be payable semiannually on [October 1, 2025] and each April 1 and October 1 thereafter, and will 2 mature, bear interest and be subject to redemption prior to maturity as set forth in Exhibit A. The purchase price of the Series 2025A Bonds shall be equal to $__________ (being the aggregate principal amount thereof [plus][less] a [net] original issue [premium][discount] of $___________, less an underwriter’s discount of $___________). The purchase price of the Series 2025B Bonds shall be equal to $__________ (being the aggregate principal amount thereof [plus][less] a [net] original issue [premium][discount] of $___________, less an underwriter’s discount of $___________). The Authority and the City acknowledge that the Underwriter will on the Closing Date (as such term is defined herein), on behalf of the Authority and the City, wire a portion of the purchase price in the amount of $_____ representing the premiums for the Bond Insurance Policies (as such term is defined herein), directly to __________ (the “Insurer”). Section 2. The Series 2025 Bonds. The Series 2025 Bonds shall be secured by a pledge of Revenues consisting primarily of base rental payments (“Base Rental Payments”) to be paid by the City to the Authority pursuant to the Master Facilities Sublease, dated as of September 1, 2025 (the “Master Facilities Sublease”), by and between the City and the Authority, under which the Authority will sublease certain real property to the City in consideration for the City’s payment of the Base Rental Payments. The Authority’s right to receive the Base Rental Payments due under the Master Facilities Sublease and to exercise remedies upon default under the Master Facilities Sublease shall be assigned to the Trustee for the benefit of the owners of the Series 2025 Bonds pursuant to the Master Trust Agreement. The Series 2025 Bonds shall be as described in, and shall be secured under and pursuant to the Master Trust Agreement substantially in the form previously submitted to the Underwriter with only such changes therein as shall be mutually agreed upon by the Authority and the Underwriter. The leased asset under the Master Facilities Sublease and Master Facilities Lease (defined below) shall initially consist of the land, and improvements thereon, constituting Parking Garage No. 8 located at 1077 Van Ness Avenue, Fire Station No. 18 located at 6605 West Shaw Avenue and Southeast Police Station located at 244 South Argyle Avenue, each in Fresno, California (collectively, the “Property”). The proceeds of the Series 2025A Bonds shall be used to: (i) finance the construction of Fire Station No. 12, the Emergency 911 Call Center and Police Department Headquarters Tenant Improvements; (ii) capitalize interest on the Series 2025A Bonds through September [16], 2028; and (iii) pay the costs incurred in connection with the issuance of the Series 2025A Bonds, including the premium for a municipal bond insurance policy to be issued by the Insurer insuring the Series 2025A Bonds maturing on April 1 of the years ___ through ___, inclusive (the “Series 2025A Policy”). The proceeds of the Series 2025B Bonds shall be used to: (i) capitalize interest on the Series 2025A Bonds for the period from September [17], 2028 to April 1, 2029; (ii) capitalize interest on the Series 2025B Bonds through April 1, 2029; and (iii) pay the costs incurred in connection with the issuance of the Series 2025B Bonds, including the premium for a municipal bond insurance policy to be issued by the Insurer insuring the Series 2025B Bonds maturing on April 1 of the years ___ through ___, inclusive (the “Series 2025B Policy”, and together with the Series 2025A Policy, the “Bond Insurance Policies”). The Series 2025 Bonds, this Purchase Agreement, the Master Trust Agreement, the Master Facilities Sublease, the Master Facilities Lease, dated as of September 1, 2025 (the “Master Facilities Lease”), by and between the Authority and the City, and the resolution of the Authority, duly adopted at a regular meeting of the governing board of the Authority (the “Board”) held on August 14, 2025 (the “Authority Resolution”) are collectively referred to herein as the “Authority Documents.” 3 This Purchase Agreement, the Continuing Disclosure Certificate of the City, dated the date of issuance of the Series 2025 Bonds (the “Continuing Disclosure Certificate”), the Master Facilities Sublease, the Master Facilities Lease, and the resolution of the City Council of the City, duly adopted at a regular meeting of the City Council held on August 14, 2025 (the “City Resolution”) are collectively referred to herein as the “City Documents.” Section 3. Public Offering and Establishment of Issue Price. (a) The Underwriter agrees to make an initial public offering of all of the Series 2025 Bonds at the public offering prices (or yields) set forth in Exhibit A and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as the Underwriter deems necessary in connection with the marketing of the Series 2025 Bonds, provided that the Underwriter shall not change the interest rates set forth on Exhibit A. The Series 2025 Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices. The City and the Authority acknowledge and agree that: (i) the purchase and sale of the Series 2025 Bonds pursuant to this Purchase Agreement is an arm’s-length commercial transaction between the City and the Authority, on one hand, and the Underwriter, on the other; (ii) in connection therewith and with the discussions, undertakings and procedures leading up to the consummation of such transaction, the Underwriter is and has been acting solely as principal and is not acting as a Municipal Advisor (as defined in Section 15B of the Securities Exchange Act of 1934, as amended); (iii) the Underwriter has not assumed an advisory or fiduciary responsibility in favor of the City or Authority with respect to the offering contemplated hereby or the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided other services or is currently providing other services to the City or Authority on other matters); (iv) the Underwriter has financial and other interests that differ from those of the City and the Authority; and (v) the City and Authority have consulted their own legal, financial and other advisors to the extent that they have deemed appropriate. (b) The Underwriter agrees to assist the Authority in establishing the issue price of the Series 2025A Bonds and shall execute and deliver to the Authority at Closing (as defined below) an “issue price” or similar certificate, together with the supporting pricing wires or equivalent communications, substantially in the form set forth in Exhibit B, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the Authority and Bond Counsel (as such term is defined below), to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Series 2025A Bonds. All actions to be taken by the Authority under this section to establish the issue price of the Series 2025A Bonds may be taken on behalf of the Authority by the Authority’s municipal advisor, KNN Public Finance, LLC (the “Municipal Advisor”) and any notice or report to be provided to the Authority may be provided to the Authority’s Municipal Advisor. (c) Except as otherwise set forth in Exhibit A, the Authority will treat the first price at which 10% of each maturity of the Series 2025A Bonds (the “10% test”), identified under the column “10% Test Used” in Exhibit A, is sold to the public as the issue price of that maturity. At or promptly after the execution of this Purchase Agreement, the Underwriter shall report to the Authority the price or prices at which it has sold to the public each maturity of Bonds. If at that time the 10% test has not been satisfied as to any maturity of the Series 2025A Bonds, the Underwriter agrees to promptly report to the Authority the prices at which it sells the unsold Bonds of that maturity to the public. That reporting obligation shall continue, whether or not the Closing Date (as defined below) has occurred, until either: (i) the Underwriter has sold all of the Series 2025A Bonds of that maturity; or (ii), the 10% 4 test has been satisfied as to the Series 2025A Bonds of that maturity, provided that, the Underwriter’s reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon the request of the Authority or Bond Counsel. For purposes of this Section, if Bonds mature on the same date but have different interest rates, each separate CUSIP number within that maturity will be treated as a separate maturity of the Series 2025A Bonds. For clarity, and notwithstanding any other condition to Closing set forth in this Purchase Agreement, the sale of 10% of each maturity of the Series 2025A Bonds to the public prior to the Closing Date shall not be a condition to Closing. (d) The Underwriter confirms that it has offered the Series 2025A Bonds to the public on or before the date of this Purchase Agreement at the offering price or prices (the “initial offering price”), or at the corresponding yield or yields, set forth in Exhibit A, except as otherwise set forth therein. Exhibit A also sets forth, identified under the column “Hold the Offering Price Rule Used,” as of the date of this Purchase Agreement, the maturities, if any, of the Series 2025A Bonds for which the 10% test has not been satisfied and for which the Authority and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which will allow the Authority to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). So long as the hold-the-offering-price rule remains applicable to any maturity of the Series 2025A Bonds, the Underwriter will neither offer nor sell unsold Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: (i) the close of the fifth (5th) business day after the sale date; or (ii) the date on which the Underwriter has sold at least 10% of that maturity of the Series 2025A Bonds to the public at a price that is no higher than the initial offering price to the public. The Underwriter will advise the Authority promptly after the close of the fifth (5th) business day after the sale date whether it has sold 10% of that maturity of the Series 2025A Bonds to the public at a price that is no higher than the initial offering price to the public. (e) The Underwriter confirms that: (1) any selling group agreement and any third-party distribution agreement relating to the initial sale of the Series 2025A Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer who is a member of the selling group, and each broker-dealer that is a party to such third-party distribution agreement, as applicable, (A) (i) to report the prices at which it sells to the public the unsold Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, until either all Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter that the 10% test has been satisfied as to the Series 2025A Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter, and (ii) to comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter; (B) to promptly notify the Underwriter of any sales of Bonds that, to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Series 2025A Bonds to the public (each such term being used as defined below), and (C) to acknowledge that, unless otherwise advised by the dealer or broker-dealer, the Underwriter shall assume that each order submitted by the dealer or broker-dealer is a sale to the public; and 5 (2) any selling group agreement relating to the initial sale of the Series 2025A Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer that is a party to a third-party distribution agreement to be employed in connection with the initial sale of the Series 2025A Bonds to the public to require each broker-dealer that is a party to such third-party distribution agreement to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, until either all Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter or the dealer that the 10% test has been satisfied as to the Series 2025A Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter or the dealer and (B) comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter or the dealer and as set forth in the related pricing wires. (f) The Authority acknowledges that, in making the representations set forth in this Section, the Underwriter will rely on (i) in the event a selling group has been created in connection with the initial sale of the Series 2025A Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the requirements for establishing issue price of the Series 2025A Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Series 2025A Bonds, as set forth in a selling group agreement and the related pricing wires, and (ii) in the event that a third-party distribution agreement was employed in connection with the initial sale of the Series 2025A Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the requirements for establishing issue price of the Series 2025A Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Series 2025A Bonds, as set forth in the third-party distribution agreement and the related pricing wires. The Authority further acknowledges that the Underwriter shall not be liable for the failure of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a third-party distribution agreement, to comply with its corresponding agreement to comply with the requirements for establishing issue price of the Series 2025A Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Series 2025A Bonds. (g) The Underwriter acknowledges that sales of any Bonds to any person that is a related party to an underwriter participating in the initial sale of the Series 2025A Bonds to the public (each such term being used as defined below) shall not constitute sales to the public for purposes of this section. Further, for purposes of this section: (i) “public” means any person other than an underwriter or a related party; (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the Authority (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Series 2025A Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Series 2025A Bonds to the public (including a member of a selling group or a party to a third party distribution agreement participating in the initial sale of the Series 2025A Bonds to the public); (iii) a purchaser of any of the Series 2025A Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (B) more than 50% common 6 ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other); and (iv) “sale date” means the date of execution of this Purchase Agreement by all parties. Section 4. The Official Statement. By their acceptance of this proposal, the Authority and the City ratify, confirm and approve of the use and distribution by the Underwriter prior to the date hereof of the Preliminary Official Statement relating to the Series 2025 Bonds dated [POS Date] (including the cover page, all appendices and all information incorporated therein and any other supplements or amendments thereto and as disseminated in its printed physical form or in electronic form in all respects materially consistent with such physical form, the “Preliminary Official Statement”) that authorized officers of the City and the Authority deemed “final” as of its date for purposes of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934, as amended (“Rule 15c2-12”), except for certain information that is permitted to be omitted therefrom by Rule 15c2-12. The Authority and the City agree to deliver or cause to be delivered to the Underwriter, within seven business days of the date hereof, copies of the final official statement, dated the date hereof, relating to the Series 2025 Bonds (including all information that was previously permitted to have been omitted by Rule 15c2-12), including the cover page, all appendices, all information incorporated therein and any amendments or supplements as have been approved by the Authority, the City and the Underwriter (the “Official Statement”) in such quantity as the Underwriter shall reasonably request to comply with Section (b)(4) of Rule 15c2-12 and the rules of the Municipal Securities Rulemaking Board (the “MSRB”). The Underwriter hereby agrees that it will not request that payment be made by any purchaser of the Series 2025 Bonds prior to delivery by the Underwriter to the purchaser of a copy of the Official Statement. The Underwriter agrees: (i) to provide the Authority and the City with final pricing information on the Series 2025 Bonds on a timely basis; and (ii) to file a copy of the Official Statement, including any supplements prepared by the Authority or the City in accordance with MSRB rules with the MSRB at http://emma.msrb.org. The Authority and the City hereby approve of the use and distribution by the Underwriter of the Preliminary Official Statement in connection with the offer and sale of the Series 2025 Bonds. The Authority and the City will cooperate with the Underwriter in the filing by the Underwriter of the Official Statement with the MSRB. Section 5. Closing. At 8:30 a.m., California time, on [Closing Date], or at such other time or date as the Authority and the Underwriter agree upon (the “Closing Date”), the Authority shall deliver or cause to be delivered to the Trustee, the Series 2025 Bonds, in definitive form, registered in the name of Cede & Co., as the nominee of The Depository Trust Company (“DTC”), so that the Series 2025 Bonds may be authenticated by the Trustee and credited to the account specified by the Underwriter under DTC’s FAST procedures. Concurrently with the delivery of the Series 2025 Bonds, the Authority and the City will deliver the documents hereinafter mentioned at the offices of Orrick, Herrington & Sutcliffe, San Francisco, California (“Bond Counsel”), or another place to be mutually agreed upon by the Authority, the City and the Underwriter. The Underwriter will accept such delivery and pay the purchase price of the Series 2025 Bonds as set forth in Section 1 hereof by wire transfer in immediately available funds. This payment for and delivery of the Series 2025 Bonds, together with the delivery of the aforementioned documents, is herein called the “Closing.” 7 The Series 2025 Bonds shall be registered in the name of Cede & Co., as nominee of DTC in denominations of five thousand dollars ($5,000) or any integral multiple thereof. The Authority and the City acknowledge that the services of DTC will be used initially by the Underwriter in order to permit the issuance of the Series 2025 Bonds in book-entry form, and agree to cooperate fully with the Underwriter in employing such services. Section 6. Representations, Warranties and Covenants of the Authority. The Authority represents, warrants and covenants to the Underwriter and the City that: (a) The Authority is a public body that is duly organized and existing under the Constitution and laws of the State of California (the “State”), including Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California and the Joint Exercise of Powers Agreement, dated October 15, 1998 (as amended, the “JPA Agreement”), between the City and the Successor Agency to the Redevelopment Agency of the City of Fresno, as successor the former Redevelopment Agency of the City of Fresno. (b) The Authority has full legal right, power and authority to adopt or enter into, as the case may be, and to carry out and consummate the transactions on its part contemplated by the Authority Documents. (c) By all necessary official action at a regular meeting of the Authority’s Board that was duly noticed and held, the Authority has adopted the Authority Resolution, has duly authorized and approved the issuance of the Series 2025 Bonds and the execution of the Authority Documents, has duly authorized and approved the Preliminary Official Statement, will, by execution thereof, duly authorize and approve the Official Statement, and has duly authorized and approved the execution and delivery of, and the performance by the Authority of the obligations on its part contained in, the Authority Documents and the consummation by it of all other transactions contemplated by the Authority Documents in connection with the issuance of the Series 2025 Bonds. As of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. When executed and delivered, and assuming due execution and delivery by the other parties thereto, if applicable, the Authority Documents will constitute the legally valid and binding obligations of the Authority enforceable in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or affecting creditors’ rights generally, or by the exercise of judicial discretion and the limitations on legal remedies against joint powers authorities in the State. The Authority has complied, and will at the Closing be in compliance in all material respects, with the terms of the Authority Documents. (d) The Authority is not in any material respect in breach of or default under any applicable constitutional provision, law or administrative regulation of any state or of the United States, or any agency or instrumentality of either, or any applicable judgment or decree, or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Authority is a party which breach or default has or may have a materially adverse effect on the ability of the Authority to perform its obligations under the Authority Documents, and no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute such a default or event of default under any such instrument; and the adoption, execution and delivery of the Authority Documents, if applicable, and compliance with the provisions on the Authority’s part contained therein, will not conflict in any material way with or constitute a material breach of or a material default under any constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, 8 bond, note, resolution, agreement or other instrument to which the Authority is a party, nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Authority or under the terms of any such law, regulation or instrument, except as may be provided by the Authority Documents. (e) Except as described in or contemplated by the Preliminary Official Statement and the Official Statement, all material authorizations, approvals, licenses, permits, consents and orders of any governmental authority, legislative body, board, agency or commission having jurisdiction over the matter which are required for the due authorization by, or which would constitute a condition precedent to or the absence of which would materially adversely affect the due performance by the Authority of its obligations in connection with the Authority Documents have been duly obtained or, when required for future performance, are expected to be obtained, other than such approvals, consents and orders as may be required under the Blue Sky or securities laws of any state in connection with the offering and sale of the Series 2025 Bonds. (f) The Authority hereby agrees that it will notify the other parties hereto if, within the period from the date of this Purchase Agreement to and including the date that is twenty-five (25) days following the end of the underwriting period (as such term is defined below), the Authority discovers any pre-existing or subsequent fact or becomes aware of the occurrence of any event, in any such case, which might cause the Official Statement (as the same may have then been supplemented or amended) to contain any untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. As used herein, the term “end of the underwriting period” means the later of such time as: (i) the Authority delivers the Series 2025 Bonds to the Underwriter; or (ii) the Underwriter does not retain, directly or as a member of an underwriting syndicate, an unsold balance of the Series 2025 Bonds for sale to the public. Unless the Underwriter gives notice to the contrary, the end of the underwriting period shall be deemed to be the Closing Date. Any notice delivered pursuant to this provision shall be written notice delivered by the Underwriter to the City at or prior to the Closing Date of the Series 2025 Bonds and shall specify a date (other than the Closing Date) to be deemed the end of the underwriting period. (g) As of the time of acceptance hereof and the Closing, except as disclosed in the Official Statement, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental authority, public board or body, pending, with service of process upon the Authority having been accomplished, or threatened in writing to the Authority: (i) in any way questioning the corporate existence of the Authority or the titles of the officers of the Authority to their respective offices; (ii) affecting, contesting or seeking to prohibit, restrain or enjoin the issuance or delivery of any of the Series 2025 Bonds, or the payment or collection of Base Rental Payments with respect to the Master Facilities Sublease or any amounts pledged or to be pledged to pay the principal of and interest on the Series 2025 Bonds, or in any way contesting or affecting the validity of the Series 2025 Bonds or the other Authority Documents or the consummation of the transactions contemplated thereby or hereby, contesting the exclusion of the interest on the Series 2025A Bonds from federal taxation, contesting the tax-exempt status of the interest on the Series 2025 Bonds under State law, or its authority to issue the Series 2025 Bonds; (iii) which would be likely to result in any material adverse change relating to the business, operations or financial condition of the Authority; or (iv) contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment thereto or asserting that the Preliminary Official Statement or the Official Statement contained any untrue statement of a material fact or omitted to state any material fact 9 necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (h) To the Authority’s knowledge, there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clauses (i) through (iv) of paragraph 6(g). (i) The information set forth under the caption “THE AUTHORITY” in the Preliminary Official Statement as of its date does not and in the Official Statement as of the date hereof and as of the Closing Date does not and will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (j) The Authority will refrain from taking any action, or permitting any action to be taken, with regard to which the Authority may exercise control, that results in the loss of the tax-exempt status of the interest on the Series 2025A Bonds. (k) Except in connection with the release of property in accordance with and pursuant to amendments to the Master Facilities Lease and Master Facilities Sublease, the Authority will refrain from taking any action, or permitting any action to be taken, to reduce the amount of the Base Rental Payments while the Series 2025 Bonds are Outstanding, and the Authority will collect the Base Rental Payments in accordance with the Master Facilities Sublease. (l) Any certificate signed by any officer of the Authority authorized to execute such certificate in connection with the execution, sale and delivery of the Series 2025 Bonds and delivered to the Underwriter shall be deemed a representation and warranty of the Authority to the Underwriter and the City as to the statements made therein but not of the person signing such certificate. Section 7. Representations, Warranties and Covenants of the City. The City represents, warrants and covenants to the Underwriter and the Authority that: (a) The City is a municipal corporation and chartered city duly organized and existing under the Constitution and laws of the State. (b) The City has full legal right, power and authority to adopt or enter into, as the case may be, and to carry out and consummate the transactions on its part contemplated by the City Documents. (c) By all necessary official action, the City has adopted the City Resolution, has duly authorized and approved the City Documents, has duly authorized and approved the Preliminary Official Statement and the Official Statement and has duly authorized and approved the execution and delivery of, and the performance by the City of the obligations on its part contained in, the City Documents and the consummation by it of all other transactions contemplated by the City Documents in connection with the issuance of the Series 2025 Bonds. As of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. When executed and delivered, and assuming due execution and delivery by the other parties thereto, if applicable, the City Documents will constitute the legally valid and binding obligations of the City enforceable in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to 10 or affecting creditors’ rights generally, or by the exercise of judicial discretion and the limitations on legal remedies against municipal corporations in the State. The City has complied, and will at the Closing be in compliance in all material respects, with the terms of the City Documents. (d) The City is not in any material respect in breach of or default under any applicable constitutional provision, law, ordinance or administrative rule or regulation of the State or the County, or administrative regulation of any state or of the United States, or any agency or instrumentality thereof, or any applicable judgment or decree, or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the City is a party which breach or default has or may have a materially adverse effect on the ability of the City to perform its obligations under the City Documents, and no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute such a default or event of default under any such instrument; and the adoption, execution and delivery of the City Documents, if applicable, and compliance with the provisions on the City’s part contained therein, will not conflict in any material way with or constitute a material breach of or a material default under any constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the City is a party, nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the City or under the terms of any such law, regulation or instrument, except as may be provided by the City Documents. (e) Except as described in or contemplated by the Preliminary Official Statement and the Official Statement, all material authorizations, approvals, licenses, permits, consents and orders of any governmental authority, legislative body, board, agency or commission having jurisdiction of the matter which are required for the due authorization by, or which would constitute a condition precedent to or the absence of which would materially adversely affect the due performance by the City of its obligations in connection with the City Documents have been duly obtained or, when required for future performance, are expected to be obtained, other than such approvals, consents and orders as may be required under the Blue Sky or securities laws of any state in connection with the offering and sale of the Series 2025 Bonds. (f) The Preliminary Official Statement was as of its date and at the date hereof, and the Official Statement is, and at all times subsequent to the date of the Official Statement up to and including the Closing will be, true and correct in all material respects, and the Preliminary Official Statement did not as of its date and at the date hereof, and the Official Statement does not and will not, at all times subsequent to the date of the Official Statement up to and including the Closing, contain any untrue statement of a material fact or omit to state a material fact that is necessary to make the statements contained therein, in the light of the circumstances under which they were made, not misleading (except that this representation does not include statements in the Official Statement under the captions “THE AUTHORITY” and “UNDERWRITING,” information regarding DTC and its book-entry only system, and information regarding the Insurer and the Bond Insurance Policies, as to which no view is expressed). (g) The City will advise the Underwriter promptly of any proposal to amend or supplement the Official Statement. The City will advise the Underwriter promptly of the institution of any proceedings known to it by any governmental authority prohibiting or otherwise affecting the use of the Official Statement in connection with the offering, sale or distribution of the Series 2025 Bonds. 11 (h) As of the time of acceptance hereof, except as disclosed in the Official Statement, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental authority, public board or body, pending, with service of process upon the City having been accomplished, or threatened in writing to the City: (i) in any way questioning the corporate existence of the City or the titles of the officers of the City to their respective offices; (ii) affecting, contesting or seeking to prohibit, restrain or enjoin the issuance or delivery of any of the Series 2025 Bonds, or the payment or collection of Base Rental Payments with respect to the Master Facilities Sublease or of any amounts pledged or to be pledged to pay the principal of and interest on the Series 2025 Bonds, or in any way contesting or affecting the validity of the Series 2025 Bonds or the City Documents or the consummation of the transactions contemplated thereby or hereby, contesting the exclusion of the interest on the Series 2025A Bonds from federal taxation, contesting the tax-exempt status of the interest on the Series 2025 Bonds under State law, or contesting the powers of the Authority to issue the Series 2025 Bonds; (iii) which would be likely to result in any material adverse change relating to the business, operations or financial condition of the City; or (iv) contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment thereto or asserting that the Preliminary Official Statement or the Official Statement contained any untrue statement of a material fact or omitted to state any material fact that is necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (i) To the City’s knowledge, there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clauses (i) through (iv) of paragraph 7(h). (j) Until the date which is twenty-five (25) days after the end of the underwriting period, if any event shall occur of which the City is aware that would cause the Official Statement to contain any untrue statement of a material fact or omit to state a material fact that is necessary in order to make the statements in the Official Statement, in light of the circumstances under which they were made, not misleading (except that this representation does not include statements in the Official Statement under the caption “UNDERWRITING,” information regarding DTC and its book entry only system, and information regarding the Insurer and the Bond Insurance Policies, as to which no view is expressed), the City shall forthwith notify the Underwriter of any such event of which it has knowledge and shall cooperate fully in furnishing any information available to it for any supplement to the Official Statement necessary, in the Underwriter’s reasonable opinion, so that the statements therein as so supplemented will not be misleading in light of the circumstances existing at such time and the City shall promptly furnish to the Underwriter a reasonable number of copies of such supplement. (k) Except as disclosed in the Preliminary Official Statement and the Official Statement, neither the City nor any of its related entities have within the last five years failed to comply in any material respect with any continuing disclosure undertakings with regard to Rule 15c2-12 to provide annual reports or notices of material events specified in such rule. (l) The City will refrain from taking any action, or permitting any action to be taken, with regard to which the City may exercise control, that results in the loss of the tax-exempt status of the interest on the Series 2025A Bonds. (m) The financial statements relating to the receipts, expenditures and cash balances of the City as of June 30, 2024 attached as Appendix B to the Preliminary Official Statement and the Official Statement fairly represent the receipts, expenditures and cash balances of the City. Except as disclosed in the Preliminary Official Statement and the Official Statement or otherwise 12 disclosed in writing to the Underwriter, there has not been any materially adverse change in the financial condition of the City or in its operations since June 30, 2024 and there has been no occurrence, circumstance or combination thereof which is reasonably expected to result in any such materially adverse change. (n) To the extent required by law, the City will undertake, pursuant to the Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A form of the Continuing Disclosure Certificate is set forth in Appendix E to the Preliminary Official Statement and will also be set forth in the Official Statement. (o) Except in connection with the redemption or defeasance of bonds pursuant to the terms of the Master Trust Agreement or as permitted under the Master Facilities Sublease due to damage, destruction, eminent domain, or substantial interference with the use and occupancy by the City of the property that is subject to the Master Facilities Sublease or any portion thereof, the City will refrain from taking any action, or permitting any action to be taken, to reduce the amount of the Base Rental Payments while the Series 2025 Bonds are Outstanding, and the City will pay the Base Rental Payments in accordance with the Master Facilities Sublease. (p) Any certificate signed by any officer of the City authorized to execute such certificate in connection with the execution, sale and delivery of the Series 2025 Bonds and delivered to the Underwriter shall be deemed a representation and warranty of the City to the Underwriter and the Authority as to the statements made therein but not of the person signing such certificate. Section 8. Conditions to the Obligations of the Underwriter. The Underwriter has entered into this Purchase Agreement in reliance upon the representations and warranties of the Authority and the City contained herein. The obligations of the Underwriter to accept delivery of and pay for the Series 2025 Bonds on the Closing Date shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the statements of the officers and other officials of the Authority and of the City, as well as authorized representatives of Bond Counsel and the Trustee made in any certificates or other documents furnished pursuant to the provisions hereof; to the performance by the Authority and the City of their obligations to be performed under the Authority Documents and the City Documents, respectively, at or prior to the Closing Date; and to the following additional conditions: (a) The representations, warranties and covenants of the City and the Authority contained herein shall be true and correct at the date hereof and at the time of the Closing, as if made on the Closing Date. (b) At the time of Closing, the City Documents and the Authority Documents shall be in full force and effect as valid and binding agreements between or among the various parties thereto, and the City Documents, the Authority Documents and the Official Statement shall not have been amended, modified or supplemented except as may have been agreed to in writing by the Underwriter. (c) At the time of the Closing, no material default shall have occurred or be existing under the City Documents, the Authority Documents or any other agreement or document pursuant to which any of the City’s financial obligations were executed and delivered, and the City and the Authority shall not be in default in the payment of principal or interest with respect to any of 13 their respective financial obligations, which default would materially adversely impact the ability of the City to pay the Base Rental Payments or the Authority to pay the Series 2025 Bonds. (d) In recognition of the desire of the Authority, the City and the Underwriter to effect a successful public offering of the Series 2025 Bonds, and in view of the potential adverse impact of any of the following events on such a public offering, this Purchase Agreement shall be subject to termination in the discretion of the Underwriter by notification, in writing, to the Authority and the City prior to delivery of and payment for the Series 2025 Bonds, if between the date hereof and the time of Closing, in the Underwriter’s sole and reasonable judgment any of the following events shall occur (each a “Termination Event”): (i) the market price or marketability of the Series 2025 Bonds, or the ability of the Underwriter to enforce contracts for the sale of the Series 2025 Bonds, shall be materially adversely affected by any of the following events: (A) legislation shall have been enacted by the Congress of the United States or the legislature of the State or shall have been favorably reported out of committee of either body or be pending in committee of either body, or shall have been recommended to the Congress for passage by the President of the United States or a member of the President’s Cabinet, or a decision shall have been rendered by a court of the United States or the State or the Tax Court of the United States, or a ruling, resolution, regulation or temporary regulation, release or announcement shall have been made or shall have been proposed to be made by the Treasury Department of the United States or the Internal Revenue Service, or other federal or state authority with appropriate jurisdiction, with respect to federal or state taxation upon interest received on obligations of the general character of the Series 2025A Bonds or with respect to state taxation upon interest received on obligations of the general character of the Series 2025B Bonds; (B) there shall have occurred (1) an outbreak or escalation of hostilities or the declaration by the United States of a national emergency or war or (2) any other calamity or crisis in the financial markets of the United States or elsewhere or the escalation of such calamity or crisis; or (C) a general suspension of trading on the New York Stock Exchange or other major exchange shall be in force, or minimum or maximum prices for trading shall have been fixed and be in force, or maximum ranges for prices for securities shall have been required and be in force on any such exchange, whether by virtue of determination by that exchange or by order of U.S. Securities and Exchange Commission (“SEC”) or any other governmental authority having jurisdiction; or (D) legislation shall have been enacted by the Congress of the United States or shall have been favorably reported out of committee or be pending in committee, or shall have been recommended to the Congress for passage by the President of the United States or a member of the President's Cabinet, or a decision by a court of the United States shall be rendered, or a ruling, regulation, proposed regulation or statement by or on behalf of the SEC or other governmental agency having jurisdiction of the subject matter shall be made, to the effect that any obligations of the general character of the Series 2025 Bonds are not exempt from registration under or other requirements of the Securities Act of 1933, as amended and as then in effect, or the Securities Exchange Act of 1934, as amended and as then in effect, or that the Master Trust Agreement is not exempt from 14 qualification under or other requirements of the Trust Indenture Act of 1939, as amended and as then in effect; or (E) except as disclosed in or contemplated by the Official Statement, any material adverse change in the affairs of the City or the Authority shall have occurred; or (F) any rating of the Series 2025 Bonds or the rating of any debt obligations of the City secured, or payable from, the City’s general fund, or the Insurer shall have been downgraded, withdrawn or placed on credit watch with negative outlook by any major credit rating agency; or (ii) any event or circumstance shall exist that either makes untrue or incorrect in any material respect any statement or information in the Official Statement (other than any statement provided by the Underwriter) or is not reflected in the Official Statement but should be reflected therein in order to make the statements therein, in the light of the circumstances under which they were made, not misleading and, in either such event, the Authority or the City refuses to permit the Official Statement to be supplemented to supply such statement or information, or the effect of the Official Statement as so supplemented is to materially adversely affect the market price or marketability of the Series 2025 Bonds or the ability of the Underwriter to enforce contracts for the sale of the Series 2025 Bonds; or (iii) a general banking moratorium shall have been declared by federal or State authorities having jurisdiction and be in force; or (iv) a material disruption in securities settlement, payment or clearance services affecting the Series 2025 Bonds shall have occurred; or (v) any new restriction on transactions in securities materially affecting the market for securities (including the imposition of any limitation on interest rates) or the extension of credit by, or a charge to the net capital requirements of, underwriters shall have been established by the New York Stock Exchange, the SEC, any other federal or State agency or the Congress of the United States, or by Executive Order; or (vi) a decision by a court of the United States shall be rendered, or a stop order, release, regulation or no-action letter by or on behalf of the SEC or any other governmental agency having jurisdiction of the subject matter shall have been issued or made, to the effect that the issuance, offering or sale of the Series 2025 Bonds, including the underlying obligations as contemplated by this Purchase Agreement or by the Official Statement, or any document relating to the issuance, offering or sale of the Series 2025 Bonds, is or would be in violation of any provision of the federal securities laws at the Closing Date, including the Securities Act of 1933, as amended and as then in effect, the Securities Exchange Act of 1934, as amended and as then in effect, or the Trust Indenture Act of 1939; or (vii) the commencement of any action, suit or proceeding described in Section 6(g) or Section 7(h). 15 Subject to Section 17, upon the occurrence of a Termination Event and the termination of this Purchase Agreement by the Underwriter, all obligations of the Authority, the City and the Underwriter under this Purchase Agreement shall terminate, without further liability. (e) at or prior to the Closing, the Underwriter shall receive the following documents, in each case to the reasonable satisfaction in form and substance of the Underwriter: (i) The executed Authority Resolution; (ii) The executed City Resolution, together with proof of publication of the notice of public hearing for the meeting at which said resolution was adopted; (iii) The City Documents and the Authority Documents, each duly executed and delivered by the respective parties thereto, with only such amendments, modifications or supplements as may have been agreed to in writing by the Underwriter; (iv) Specimen Bonds; (v) Evidence that the Master Facilities Sublease and the Master Facilities Lease, or memoranda thereof, have been recorded in the Office of the County Recorder of the County of Fresno; (vi) Evidence that the insurance required to be in effect on the Closing Date under the Master Facilities Sublease is in fact in effect as of such date; (vii) The approving opinion of Bond Counsel dated the Closing Date and addressed to the City, in substantially the form attached as Appendix D to the Official Statement, and a reliance letter or letters thereon addressed to the Underwriter and the Trustee; (viii) A supplemental opinion of Bond Counsel dated the Closing Date and addressed to the Underwriter in substantially the form attached hereto as Appendix A; (ix) The Official Statement, executed on behalf of the City and the Authority, and the Preliminary Official Statement; (x) Evidence that the rating on the Series 2025 Bonds is as described in the Official Statement; (xi) A certificate, dated the Closing Date, signed by a duly authorized officer of the Authority, satisfactory in form and substance to the Underwriter, to the effect that: (A) the Authority Resolution was duly adopted at a regular meeting of the Authority held on August 14, 2025, at which a quorum was present and acting throughout, is in full force and effect as of the date hereof and has not been amended, modified or supplemented, except as agreed to by the Underwriter; (B) the representations, warranties and covenants of the Authority contained in this Purchase Agreement are true and correct in all material respects on and as of the Closing Date with the same effect as if made on the Closing Date by the Authority, and the Authority 16 has complied with, in all material respects, all of the terms and conditions of the Purchase Agreement required to be complied with by the Authority at or prior to the Closing Date; (C) no event affecting the Authority has occurred since the date of the Official Statement which should be disclosed in the Official Statement for the purposes for which it is to be used or which is necessary to disclose therein in order to make the statements and information therein not misleading in any material respect; (D) the information and statements contained in the Preliminary Official Statement as of its date and date hereof and the Official Statement as of its date or the Closing Date the caption “THE AUTHORITY” did not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; and (E) the Authority is not, in any material respect, in breach of or default under any applicable law or administrative regulation of the State or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement (including but not limited to the Master Facilities Sublease) or other instrument to which the Authority is a party or is otherwise subject, which would have a material adverse impact on the Authority’s ability to perform its obligations under the Authority Documents, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute such a default or event of default under any such instrument; (xii) A certificate, dated the Closing Date, signed by a duly authorized officer of the City, satisfactory in form and substance to the Underwriter, to the effect that: (A) the City Resolution was duly adopted at a regular meeting of the City Council of the City held on August 14, 2025, at which a quorum was present and acting throughout, are in full force and effect as of the date hereof and have not been amended, modified or supplemented, except as agreed to by the Underwriter; (B) the representations, warranties and covenants of the City contained in this Purchase Agreement are true and correct in all material respects on and as of the Closing Date with the same effect as if made on the Closing Date by the City; (C) no event affecting the City has occurred since the date of the Official Statement which should be disclosed in the Official Statement for the purposes for which it is to be used or which is necessary to disclose therein in order to make the statements and information therein not misleading in any material respect; (D) the information and statements contained in the Preliminary Official Statement as of its date and date hereof and the Official Statement as of its date or the Closing Date (other than information in the Official Statement under the captions “THE AUTHORITY” and “UNDERWRITING” and information regarding DTC and its book-entry only system, and information regarding the Insurer and the Bond Insurance Policies) did contain any untrue statement of a material fact or omit to state any material fact that is necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and 17 (E) the City is not, in any material respect, in breach of or default under any applicable law or administrative regulation of the State or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement (including but not limited to the Master Facilities Sublease) or other instrument to which the City is a party or is otherwise subject, which would have a material adverse impact on the City’s ability to perform its obligations under the City Documents, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute such a default or event of default under any such instrument; (xiii) An opinion dated the Closing Date and addressed to the Underwriter and the Insurer, of City Attorney of the City, as counsel to the Authority, to the effect that: (A) the Authority is duly organized and validly existing as a joint exercise of powers authority under the laws of the State of California and is possessed of full power to own and hold real and personal property and to lease, purchase and sell the same; (B) the Authority Resolution was duly adopted at a regular meeting of the governing board of the Authority which was called and held pursuant to law, with all public notice required by law and at which a quorum was present and acting throughout, is in full force and effect and has not been modified, amended, rescinded or repealed since their respective date of adoption; (C) the Authority has full right and lawful authority to execute and deliver the Authority Documents and such documents have been duly authorized, executed and delivered by and on behalf of the Authority, and assuming the due authorization, execution and delivery by the other parties thereto, the Authority Documents are valid and binding obligations of the Authority enforceable in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium, or similar laws, or by legal or equitable principles relating to or limiting creditors’ rights generally; (D) no facts have come to the attention of the City Attorney, as counsel to the Authority, that have caused them to believe that the Preliminary Official Statement as of its date and the Official Statement as of its date or the Closing Date (except for the following items, which are expressly excluded from the scope of this sentence: any financial, accounting, statistical or economic, engineering or demographic data or forecasts, numbers, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion, any CUSIP numbers, any information about verification, feasibility, valuation, appraisals, real estate or environmental matters, any management discussion and analysis, any statements about compliance with prior continuing disclosure undertakings, the Appendices thereto, or any information about book-entry, The Depository Trust Company, Cede & Co., litigation, ratings and rating agencies, tax-exemption, the Municipal Advisor, the Underwriter and underwriting, that is contained or incorporated by reference in the Preliminary Official Statement and the Official Statement, and Appendices B through G to the Preliminary Official Statement and the Official Statement) contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; (E) insofar as it will have a material adverse effect on the ability of the Authority to enter into, carry out or perform its obligations under the Authority Documents or to consummate the transactions contemplated thereby, to the best of our knowledge, the Authority is not 18 in material breach of or default under any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Authority is a party or to which the Authority or any of its property or assets is otherwise subject, and, to the best of our knowledge no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such judgment, decree or instrument; and (F) no authorization, approval, consent, or order of any governmental agency or, to the best of our knowledge, any other person or corporation is required for the valid authorization, execution and delivery of the Authority Documents on behalf of the Authority that has not been obtained. (xiv) An opinion dated the Closing Date and addressed to the Underwriter and the Insurer, of the City Attorney to the City, to the effect that: (A) the City is a municipal corporation and chartered city duly organized and existing under the Constitution and laws of the State; (B) the City Resolution was duly adopted at a regular meeting of the City Council which was called and held pursuant to law, with all public notice required by law and at which a quorum was present and acting throughout, is in full force and effect and has not been modified, amended, rescinded or repealed since its date of adoption; (C) the City Documents have been duly authorized, executed and delivered by the City and, assuming due authorization, execution and delivery by the other parties thereto, as applicable, constitute the valid and binding obligations of the City, except as enforcement may be limited by bankruptcy, insolvency, moratorium, or similar laws, or by legal or equitable principles relating to or limiting creditors’ rights generally; (D) no consent, authorization or approval of, or filing or registration with, any governmental or regulatory officer or body which has not already been obtained is required to be obtained by the City for the execution and performance of the City Documents or the actions on the part of the City contemplated thereby, including causing the issuance of the Series 2025 Bonds; (E) no facts have come to the attention of the City Attorney that have caused them to believe that the Preliminary Official Statement as of its date and the Official Statement as of its date or the Closing Date (except for the following items, which are expressly excluded from the scope of this sentence: any financial, accounting, statistical or economic, engineering or demographic data or forecasts, numbers, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion, any CUSIP numbers, any information about verification, feasibility, valuation, appraisals, real estate or environmental matters, any management discussion and analysis, any statements about compliance with prior continuing disclosure undertakings, the Appendices thereto, or any information about book-entry, The Depository Trust Company, Cede & Co., litigation, ratings and rating agencies, tax-exemption, the Municipal Advisor, the Underwriter and underwriting, that is contained or incorporated by reference in the Preliminary Official Statement and the Official Statement, and Appendices B through G to the Preliminary Official Statement and the Official Statement) contain any untrue statement of a material fact or omit to state any material fact 19 necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; (F) except as otherwise disclosed in the Preliminary Official Statement and the Official Statement, to the best knowledge of such counsel, there is no litigation, proceeding, action, suit or investigation at law or in equity before or by any court, governmental authority or body, pending, with service of process upon the City having been accomplished, or, to the best knowledge of such counsel, threatened in writing against the City, challenging the creation, organization or existence of the City, or the validity of the City Documents or seeking to restrain or enjoin the payment of the Base Rental Payments or the repayment of the Series 2025 Bonds or in any way contesting or affecting the validity of the City Documents or contesting the authority of the City to enter into or perform its obligations under any of the City Documents, or which, in any manner, questions the right of the City to pay the Base Rental Payments under the Master Facilities Sublease; and (G) the execution and delivery of the City Documents and compliance with the provisions thereof do not and will not in any material respect conflict with or constitute on the part of the City a breach of or default under any agreement or other instrument to which the City is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the City is subject, which breach or default has or may have a material adverse effect on the ability of the City to perform its obligations under the City Documents; (xv) A letter of ArentFox Schiff LLP, San Francisco, California, as disclosure counsel to the City and the Authority, dated the Closing Date and addressed to the Underwriter substantially to the effect that they are not passing upon and do not assume any responsibility for the accuracy, completeness or fairness of the statements contained in the Preliminary Official Statement and in the Official Statement and make no representation that they have independently verified the accuracy, completeness or fairness of any such statements; however, in connection with the Preliminary Official Statement and the Official Statement, they have reviewed certain documents and have participated in conferences in which the contents of the Preliminary Official Statement and the Official Statement and related matters were discussed. During the course of their work on this matter, no facts have come to their attention that have caused them to believe that the Preliminary Official Statement as of its date and date hereof and the Official Statement as of its date or the Closing Date (except for the following items, which are expressly excluded from the scope of this sentence: any financial, accounting, statistical or economic, engineering or demographic data or forecasts, numbers, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion, any CUSIP numbers, any information about verification, feasibility, valuation, appraisals, real estate or environmental matters, any management discussion and analysis, any statements about compliance with prior continuing disclosure undertakings, the Appendices thereto, or any information about book-entry, The Depository Trust Company, Cede & Co., litigation, ratings and rating agencies, tax-exemption, the Municipal Advisor, the Underwriter and underwriting, that is contained or incorporated by reference in the Preliminary Official Statement and the Official Statement, and Appendices B through G to the Preliminary Official Statement and the Official Statement) contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; (xvi) An opinion of Anzel Galvan LLP, San Francisco, California, counsel to the Underwriter, in form and substance satisfactory to the Underwriter; 20 (xvii) An opinion of counsel to the Trustee, addressed to the Underwriter and the Insurer, dated the Closing Date, to the effect that: (A) the Trustee is a national banking association duly organized, validly existing and in good standing under the laws of the United States having full power and authority and being qualified to enter into, accept and administer the trust created under the Master Trust Agreement to which it is a party and to enter into the Master Trust Agreement; (B) the Master Trust Agreement has been duly authorized, executed and delivered by the Trustee and constitutes the legal, valid and binding obligation of the Trustee enforceable against the Trustee in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting enforcement of creditors’ rights generally and by the application of equitable principles if equitable remedies are sought; (C) to such counsel’s knowledge, the execution and delivery by the Trustee of the Master Trust Agreement and the performance of the obligations of the Trustee thereunder by the Trustee, will not conflict with or contravene the Articles of Association or Bylaws of the Trustee, or any law, regulation or ruling of any court or governmental authority to which the Trustee is subject; (D) to such counsel’s knowledge, no authorization, approval, consent, or order of any governmental agency or regulatory authority having jurisdiction over the Trustee that has not been obtained by the Trustee is required for the authorization, execution, delivery and performance by the Trustee of the Master Trust Agreement; and (E) an authorized representative of the Trustee has duly authenticated the Series 2025 Bonds in accordance with the Master Trust Agreement; (xviii) A certificate, dated the Closing Date, signed by a duly authorized official of the Trustee, in form and substance satisfactory to Bond Counsel and the Underwriter, and an incumbency certificate of the Trustee; (xix) For each of the Series 2025 Bonds and the Master Facilities Sublease, the preliminary and final Statement of Sale required to be delivered to the California Debt and Investment Advisory Commission pursuant to Section 53583 of the Government Code and Section 8855(g) of the Government Code; (xx) A copy of the executed Blanket Issuer Letter of Representations by and between the Authority and DTC relating to the book-entry system; (xxi) Certificates dated the Closing Date regarding tax, arbitrage and use of proceeds of the City and the Authority relating to the Series 2025A Bonds in form and substance to the reasonable satisfaction of Bond Counsel and the Underwriter; (xxii) Certificates, dated the date of the Preliminary Official Statement, of the City and the Authority, as required under Rule 15c2-12; (xxiii) Evidence that a debt management policy which complies with Section 8855 of the Government Code has been adopted by the City and the Authority; 21 (xxiv) Certified copies of the JPA Agreement and all amendments thereto and related certificates issued by the Secretary of State of the State (or, alternatively, a certificate of the Authority confirming that notice of the JPA Agreement and all amendments thereto have been filed with the Secretary of State prior to the Closing Date); (xxv) A copy of an ALTA or CLTA title insurance policy in an amount equal to the original aggregate principal amount of the Series 2025 Bonds, insuring the City’s leasehold interest in the Property, subject only to permitted encumbrances or such other encumbrances approved in writing by the Underwriter; (xxvi) Evidence satisfactory to the Underwriter that the Trustee has received the Bond Insurance Policies from the Insurer; (xxvii) An opinion of counsel to the Insurer, dated the Closing Date, in form and substance satisfactory to the Underwriter and Bond Counsel, with respect to, among other matters, the Bond Insurance Policies and disclosures relating thereto in the Official Statement; (xxviii) A certificate of the Insurer, dated the Closing Date, in form and substance satisfactory to the Underwriter and Bond Counsel, with respect to, among other matters, the Bond Insurance Policies, and disclosures relating thereto in the Official Statement; and (xxix) Such additional legal opinions, certificates, proceedings, instruments or other documents as Bond Counsel or the Underwriter may reasonably request. Section 9. Changes in Official Statement. Within 90 days after the Closing or within 25 days following the end of the underwriting period, whichever occurs first, if any event relating to or affecting the Series 2025 Bonds, the Trustee, the City or the Authority shall occur as a result of which it is necessary, in the reasonable opinion of the Underwriter, to amend or supplement the Official Statement in order to make the Official Statement not misleading in any material respect in the light of the circumstances existing at the time it is delivered to a purchaser, the Authority will forthwith prepare and furnish to the Underwriter an amendment or supplement that will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to purchaser, not misleading. The City and the Authority shall cooperate with the Underwriter in the filing by the Underwriter of such amendment or supplement to the Official Statement with the MSRB. Section 10. Expenses. Whether or not the Series 2025 Bonds are sold to the Underwriter, the Underwriter shall be under no obligation to pay any expenses incident to the performance of the obligations of the City and the Authority hereunder. If the Series 2025 Bonds are delivered by the Authority to the Underwriter, the Authority and the City shall pay, from the proceeds of the Series 2025 Bonds or from other funds of the City, the following expenses: (a) the cost of preparing, duplicating or printing, mailing and delivering the City Documents, the Authority Documents, the Preliminary Official Statement, the Official Statement and all other agreements and documents that are contemplated therein and hereby (and drafts of any thereof); (b) the cost of preparation and printing of the definitive Bonds; (c) the fees and expenses of the Authority, the City, the Trustee, Bond Counsel, Disclosure Counsel, the Municipal Advisor, any entity retained by the Authority or the City to perform continuing disclosure compliance research or provide continuing disclosure compliance reports and any other experts or consultants retained by the Authority or the City; (d) the charges of any rating 22 agency with respect to the Series 2025 Bonds; (e) premiums and other expenses relating to the Bond Insurance Policies; (f) reimbursement to the Underwriter for payment of any fees and expenses reasonably incurred in connection with the initial offering, sale and delivery of the Series 2025 Bonds, including but not limited to industry fees (e.g., DTC, DAC, IPREO, CUSIP and Day Loan fees) only if the City, the Authority and Underwriter have previously discussed and approved the allocation of proceeds towards these fees, and meal and travel expenses of the personnel of the City or the Authority, but not including entertainment expenses or those to be paid by the Underwriter pursuant to the last paragraph of this Section 10; and (g) all other fees and expenses, not including entertainment expenses, reasonably incurred in connection with the preparation of the City Documents, the Authority Documents, the Preliminary Official Statement, the Official Statement and all other agreements and documents that are contemplated hereby (and drafts of any thereof) and/or the initial offering, sale and delivery of the Series 2025 Bonds. The City and the Authority have authorized, and do hereby authorize, the Underwriter to pay such expenses on behalf of the City and the Authority from proceeds of the Series 2025 Bonds at Closing as further described in the closing memorandum relating to the Series 2025 Bonds. If no Series 2025 Bonds are issued, the City and the Authority shall have no obligation to the Underwriter to pay any of the foregoing expenses. If the Series 2025 Bonds are sold to the Underwriter by the Authority, the Authority and the City shall pay out of the proceeds of the Series 2025 Bonds the discount of the Underwriter or the purchase price paid for the Series 2025 Bonds shall reflect such discount. Except as otherwise provided in this Section 10, the Underwriter shall pay the cost, if any, of qualifying the Series 2025 Bonds for sale in the various states chosen by the Underwriter, all advertising expenses in connection with the public offering of the Series 2025 Bonds and all other expenses incurred by it in connection with its public offering and distribution of the Series 2025 Bonds, not described above including fees and expenses of counsel to the Underwriter. Section 11. Qualification of Bonds. The Authority and the City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request to qualify the Series 2025 Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate and to provide for the continuance of such qualification; provided, however, that neither the City nor the Authority will be required to qualify as a foreign corporation or to file any general or special consents to service of process under the laws of any state. Section 12. Notices. Any notice or other communication to be given to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to Loop Capital Markets LLC, 425 South Financial Place, Suite 2700, Chicago, Illinois 60605, Attention: Stephen S. Berkeley. All notices or communications hereunder by any party shall be given and served upon each other party. Any notice or communication to be given to the City or the Authority under this Purchase Agreement may be given by delivering the same in writing to the applicable address set forth on the first page of this Purchase Agreement. Section 13. Parties in Interest. This Purchase Agreement is made solely for the benefit of the City, the Authority and the Underwriter (including the successors or assigns thereof) and no other person shall acquire or have any right hereunder or by virtue hereof. Except as otherwise expressly provided herein, all of the agreements and representations of the Authority and the City contained in this Purchase Agreement and in any certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of: (i) any investigation made by or on behalf of the Underwriter; 23 (ii) delivery of and payment for the Series 2025 Bonds hereunder; or (iii) any termination of this Purchase Agreement. Section 14. Severability. In case any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof. Section 15. Entire Agreement. This Purchase Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes all oral statements, prior writings and representations with respect thereto. Section 16. Counterparts. This Purchase Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. Section 17. Survival of Representations and Warranties. The representations and warranties of the City and the Authority in or made pursuant to this Purchase Agreement shall not be deemed to have been discharged, satisfied or otherwise rendered void by reason of the Closing or termination of this Purchase Agreement and regardless of any investigations made by or on behalf of the Underwriter (or statements as to the results of such investigations) concerning such representations and statements of the City and the Authority and regardless of delivery of and payment for the Series 2025 Bonds. Section 18. Effectiveness. This Purchase Agreement shall become effective and binding upon the respective parties hereto upon the execution of the acceptance hereof by the City and the Authority and shall be valid and enforceable as of the time of such acceptance. [Signature Page Follows] S-1 Section 19. Governing Law. This Purchase Agreement shall be governed by and construed in accordance with the laws of the State. LOOP CAPITAL MARKETS LLC By: Robert Larkins Managing Director Accepted as of the date first stated above: CITY OF FRESNO By: Name: Title: Time of Execution: _____ a.m./p.m. Pacific Time FRESNO JOINT POWERS FINANCING AUTHORITY By: Name: Title: Time of Execution: _____ a.m./p.m. Pacific Time A-1 EXHIBIT A MATURITY SCHEDULES Series 2025A Bonds Maturity Date (April 1) Principal Amount Interest Rate Yield Initial Offering Price 10% Test Used 10% Test Satisfied Hold-the- Offering- Price Rule Used $ % % ______________ C Priced to first optional redemption date of April 1, 20__ at par. T Term Bond. Series 2025B Bonds Maturity Date (April 1) Principal Amount Interest Rate Yield Initial Offering Price $ % % A-2 REDEMPTION PROVISIONS Optional Redemption. The Series 2025A Bonds maturing on and after April 1, 2036, are subject to redemption prior to their respective stated maturities at the written direction of the Authority, from any moneys deposited by the Authority or the City, as a whole or in part on any date (in such maturities as are designated in writing by the Authority to the Trustee) on or after April 1, 2035, at the redemption price of 100% of the principal amount thereof, together with accrued interest to the date fixed for redemption. The Series 2025B Bonds are not subject to optional redemption. Mandatory Sinking Fund Redemption. The Series 2025A Bonds maturing on April 1, 20_ (are subject to mandatory sinking fund redemption prior to maturity, in part on April 1 of each year on and after April 1, 20__ by lot, from and in the amount of the Mandatory Sinking Account Payments set forth below at a redemption price equal to the sum of the principal amount thereof plus accrued interest thereon to the redemption date, without premium, as follows: 20__ Series 2025A Term Bonds Mandatory Sinking Account Payment Date (April 1) Mandatory Sinking Account Payments _________________ † Maturity. Extraordinary Redemption. The Series 2025 Bonds are subject to redemption by the Authority on any date prior to their respective stated maturities, upon notice as provided in the Master Trust Agreement, as a whole, or in part by lot within each stated maturity in integral multiples of $5,000, from the prepayments made to the City pursuant to the Master Facilities Sublease from insurance or condemnation proceeds, at a prepayment price equal to the sum of the principal amount thereof, without premium, plus accrued interest thereon to the redemption date. Whenever less than all of the outstanding Series 2025 Bonds are to be redeemed on any one date, the Trustee shall select the Series 2025 Bonds to be redeemed in part from maturities selected by the Authority, provided that the aggregate annual debt service on Series 2025 Bonds which shall be payable after such redemption date shall be as nearly proportional as practicable to the aggregate annual debt service on Series 2025 Bonds Outstanding prior to such redemption date. B-1 EXHIBIT B FRESNO JOINT POWERS FINANCING AUTHORITY Lease Revenue Bonds (Public Safety Projects), Series 2025A FORM OF ISSUE PRICE CERTIFICATE The undersigned, on behalf of Loop Capital Markets LLC (“Loop”) hereby certifies as set forth below with respect to the sale and delivery of the above-captioned obligations (the “Series 2025A Bonds”). 1. Sale of the General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Maturity was sold to the Public is the respective price listed in Schedule A. 2. Initial Offering Price of the Hold-the-Offering-Price Maturities. (a) Loop offered the Hold-the-Offering-Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Series 2025A Bonds is attached to this certificate as Schedule B. (b) As set forth in the Bond Purchase Agreement, dated [Pricing Date], by and among Loop, as the Underwriter (as defined below), the City of Fresno, California and the Issuer (as defined below), Loop has agreed in writing that: (i) for each Maturity of the Hold-the-Offering-Price Maturities, it would neither offer nor sell any of the Series 2025A Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold-the-offering-price rule”); and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any third-party distribution agreement shall contain the agreement of each broker-dealer who is a party to the third-party distribution agreement, to comply with the hold-the-offering-price rule. Pursuant to such agreement, no Underwriter has offered or sold any Maturity of the Hold-the-Offering-Price Maturities at a price that is higher than the respective Initial Offering Price for that Maturity of the Series 2025A Bonds during the Holding Period. 3. Defined Terms. (a) General Rule Maturities means those Maturities of the Series 2025A Bonds listed in Schedule A hereto as the “General Rule Maturities.” (b) Hold-the-Offering-Price Maturities means those Maturities of the Series 2025A Bonds listed in Schedule A hereto as the “Hold-the-Offering-Price Maturities.” (c) Holding Period means, with respect to a Hold-the-Offering-Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date (which Sale Date is [Pricing Date]), or (ii) the date on which Loop has sold at least 10% of such Hold-the-Offering-Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold-the-Offering-Price Maturity. B-2 (d) Issuer means the Fresno Joint Powers Financing Authority. (e) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate maturities. (f) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. (g) Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Series 2025A Bonds. The Sale Date of the Series 2025A Bonds is [Pricing Date]. (h) Underwriter means: (i) any person that agrees pursuant to a written contract with the Issuer and the City of Fresno, California (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Series 2025A Bonds to the Public; and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Series 2025A Bonds to the Public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Series 2025A Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Loop’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer and the City of Fresno, California with respect to certain of the representations set forth in the Tax Certificate and with respect to compliance with the federal income tax rules affecting the Series 2025A Bonds, and by Orrick, Herrington & Sutcliffe, San Francisco, California, in connection with rendering its opinion that the interest on the Series 2025A Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer or the City of Fresno, California from time to time relating to the Series 2025A Bonds. The certifications contained herein are not necessarily based on personal knowledge, but may instead be based on either inquiry deemed adequate by the undersigned or institutional knowledge (or both) regarding the matters set forth herein. Dated: [Closing Date] LOOP CAPITAL MARKETS LLC By: Name: B-3 SCHEDULE A SALE PRICES OF THE GENERAL RULE MATURITIES AND INITIAL OFFERING PRICES OF THE HOLD-THE-OFFERING-PRICE MATURITIES (Attached) B-4 SCHEDULE B PRICING WIRE OR EQUIVALENT COMMUNICATION (Attached) Appendix A-1 APPENDIX A FORM SUPPLEMENTAL OPINION OF BOND COUNSEL AFS Draft #9 08/06/2025 PRELIMINARY OFFICIAL STATEMENT DATED AUGUST 06, 2025 NEW ISSUE — FULL BOOK-ENTRY S&P RATINGS: (See “RATINGS”) In the opinion of Orrick, Herrington & Sutcliffe LLP, Bond Counsel to the Authority, based upon an analysis of existing laws, regulations, rulings and court decisions, and assuming, among other matters, the accuracy of certain representations and compliance with certain covenants, interest on the Series 2025A Bonds is excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986 (the “Code”). In the further opinion of Bond Counsel, interest on the Series 2025A Bonds is not a specific preference item for purposes of the federal individual alternative minimum tax. Bond Counsel observes that interest on the Series 2025A Bonds included in adjusted financial statement income of certain corporations is not excluded from the federal corporate alternative minimum tax. Bond Counsel further observes that interest on the Series 2025B Bonds is not excluded from gross income for federal income tax purposes pursuant to Section 103 of the Code. Bond Counsel is also of the opinion that interest on the Series 2025 Bonds is exempt from State of California personal income taxes. Bond Counsel expresses no opinion regarding any other tax consequences related to the ownership or disposition of, or the amount, accrual or receipt of interest on, the Series 2025 Bonds. See “TAX MATTERS.” $___________* FRESNO JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS (PUBLIC SAFETY PROJECTS) SERIES 2025A $___________* FRESNO JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS (PUBLIC SAFETY PROJECTS) SERIES 2025B (FEDERALLY TAXABLE) Dated: Date of Delivery Due: April 1, as shown on inside cover The Fresno Joint Powers Financing Authority (the “Authority”) is issuing $_________* principal amount of Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025A (the “Series 2025A Bonds”) and $_________* principal amount of Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable) (the “Series 2025B Bonds” and, together with the Series 2025A Bonds, the Series 2025 Bonds”) to: (i) pay the costs of constructing a new Fire Station No. 12 and a new 911 Emergency Call Center, and constructing and installing certain tenant improvements to the Police Department Headquarters (collectively, the “Series 2025 Projects”) located in the City of Fresno (the “City”); (ii) capitalize interest on the Series 2025 Bonds through April 1, 2029; and (iii) pay certain costs associated with the issuance of the Series 2025 Bonds[[, including premiums for the Policies (as defined herein)]]. The Leased Facilities to be leased by the City from the Authority pursuant to a Sublease consist of Parking Garage 8, Fire Station No. 18, and the Southeast Police Substation. Following the completion of the Series 2025 Projects, the City expects to add Fire Station No. 12 and the 911 Emergency Call Center as Leased Facilities under the Lease and the Sublease (each as defined herein) and release Parking Garage No. 8 therefrom. See “PLAN OF FINANCE,” “ESTIMATED SOURCES AND USES OF FUNDS,” and “THE LEASED FACILITIES” for descriptions of the Leased Facilities. The Series 2025 Bonds are being issued pursuant to a Master Trust Agreement dated as of September 1, 2025 (the “Trust Agreement”), by and between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”). The Series 2025 Bonds and the interest thereon are payable from, and secured by a pledge of, and charge and lien upon Revenues consisting primarily of Base Rental Payments to be paid by the City to the Authority pursuant to a Master Facilities Sublease, dated as of September 1, 2025 (the “Sublease”), by and between the Authority and the City, for beneficial use and occupancy of the Series 2025 Projects. See “SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 2025 BONDS–Base Rental Payments” and “THE LEASED FACILITIES.” Interest on the Series 2025 Bonds is payable semi-annually on April 1 and October 1 of each year, commencing on October 1, 2025. Principal of the Series 2025 Bonds is payable on April 1 of each year as set forth on the inside cover. The Series 2025 Bonds will each be issued as fully registered bonds, registered in the name of Cede & Co. as nominee of The Depository Trust Company (“DTC”), and will be available to ultimate purchasers (“Beneficial Owners”) in denominations of $5,000 or any integral multiple thereof, under the book-entry system maintained by DTC, only through brokers and dealers who are, or act through, DTC participants. Beneficial Owners will not be entitled to receive delivery of the Series 2025 Bonds. Payments of principal, interest and premium, if any, on the Series 2025 Bonds will be payable by the Trustee to DTC or its nominee, so long as DTC or its nominee remains the registered owner of the Series 2025 Bonds. Disbursement of such payments to DTC participants is the responsibility of DTC and disbursement of such payments to the Beneficial Owners is the responsibility of DTC participants. See APPENDIX F– “DTC AND THE BOOK-ENTRY ONLY SYSTEM.” The Series 2025 Bonds are subject to optional, mandatory sinking fund, and extraordinary redemption as described herein. See “THE SERIES 2025 BONDS–Redemption Provisions.” No reserve fund will be established for the Series 2025 Bonds. See “SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 2025 BONDS–No Reserve Fund” The Series 2025 Bonds are limited obligations of the Authority and are not secured by a legal or equitable pledge of, or charge or lien upon, any property of the Authority or any of its income or receipts, except the Revenues. Neither the full faith and credit nor the taxing power of the City, the State of California or any political subdivision thereof is pledged for the payment of the principal of or premium, if any, or interest on the Series 2025 Bonds. The obligation of the City to make Base Rental Payments due under the Sublease does not constitute a debt, liability or obligation of the City for which the City is obligated to levy or pledge any form of taxation or for which the City has levied or pledged any form of taxation. The Authority has no taxing power. This cover contains certain information for general reference only. It is not a summary of this issue. Investors are strongly advised to read the entire Official Statement to obtain information essential to the making of an informed investment decision, including “CERTAIN BONDOWNERS’ RISKS.” [The scheduled payment of principal of and interest on the Series 2025A Bonds maturing on ____1 of the years 20__ through 20__, inclusive (the “Insured Series 2025A Bonds”), when due will be guaranteed under a municipal bond insurance policy for the Insured Series 2025A Bonds to be issued concurrently with the delivery of the Insured Series 2025A Bonds by ______________ (the “Bond Insurer”). The scheduled payment of principal of and interest on the Series 2025B Bonds maturing on ____1 of the years 20__ through 20__, inclusive (the “Insured Series 2025B Bonds”), when due will be guaranteed under a municipal bond insurance policy for the Insured Series 2025B Bonds to be issued concurrently with the delivery of the Insured Series 2025A Bonds by the Bond Insurer. See “BOND INSURANCE.”] The Series 2025 Bonds are offered when, as and if issued by the Authority and received by the Underwriter, subject to the approval of validity by Orrick, Herrington & Sutcliffe LLP, Bond Counsel to the Authority, and to certain other conditions. Certain matters will be passed upon for the Authority and the City by the City Attorney of the City of Fresno and for the Authority and the City by ArentFox Schiff LLP, San Francisco, California, Disclosure Counsel. Anzel Galvan LLP, San Francisco, California is serving as counsel to the Underwriter. It is expected that the Series 2025 Bonds in book-entry form will be available for delivery through the facilities of DTC in New York, New York, on or about _________, 2025. Loop Capital Markets Date of this Official Statement: _____ __, 2025 _____________ * Preliminary, subject to change. MATURITY SCHEDULES $__________* FRESNO JOINT POWERS FINANCING AUTHORITY (PUBLIC SAFETY PROJECTS) SERIES 2025A Maturity (April 1) Principal Amount Interest Rate Yield CUSIP No.† $________ ____% Term Bonds due April 1, 20__; Price: _____; Yield: ____; CUSIP No.† 358184___ $__________* FRESNO JOINT POWERS FINANCING AUTHORITY (PUBLIC SAFETY PROJECTS) SERIES 2025B (FEDERALLY TAXABLE) Maturity (April 1) Principal Amount Interest Rate Yield CUSIP No.† _______________ † CUSIP® is a registered trademark of the American Bankers Association. CUSIP Global Services (CGS) is managed on behalf of the American Bankers Association by S&P Capital IQ. Copyright© 2020 CUSIP Global Services. All rights reserved. CUSIP® data herein is provided by CUSIP Global Services. This data is not intended to create a database and does not serve in any way as a substitute for the CGS database. CUSIP® numbers are provided for convenience of reference only. None of the Authority, the City, the Underwriter, or their agents or counsel assume any responsibility for the accuracy of such numbers. * Preliminary, subject to change. No dealer, broker, salesperson or other person has been authorized by the Fresno Joint Powers Financing Authority (the “Authority”) or City of Fresno (the “City”) to give any information or to make any representations other than those contained herein and, if given or made, such other information or representation must not be relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Series 2025 Bonds by any person in any jurisdiction in which it is unlawful for such persons to make such offer, solicitation or sale. This Official Statement is not to be construed as a contract or agreement between the Authority, the City, and the purchasers or any of the owners of Series 2025 Bonds. The information set forth herein has been furnished by the Authority and the City and obtained from other sources which are believed to be reliable, but is not guaranteed as to accuracy or completeness, and is not to be construed as representations by the Underwriter The information and expressions of opinion herein are subject to change without notice and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the Authority or the City since the date hereof. This Official Statement is submitted in connection with the sale of the Series 2025 Bonds referred to herein and may not be reproduced or used, in whole or in part, for any other purpose, unless authorized in writing by the Authority and the City. All summaries of the documents and laws are made subject to the provisions thereof and do not purport to be complete statements of any or all such provisions. All capitalized terms used herein, unless noted otherwise, shall have the meanings prescribed in the Trust Agreement. The Underwriter may offer and sell the Series 2025 Bonds to certain dealers and others at prices lower than the public offering prices set forth on the inside cover page hereof, and said public offering prices may be changed from time to time by the Underwriter. This Official Statement contains forecasts, projections, estimates and other forward-looking statements that are based on estimates or current expectations, whether or not expressly so stated. The words “expects,” “forecasts,” “projects,” “intends,” “anticipates,” “estimates,” “budget” “assumes” and analogous expressions are intended to identify forward- looking statements. Such forecasts, projections and estimates are not intended as representations of fact or guarantees of results. Any such forward-looking statements inherently are subject to a variety of risks and uncertainties that could cause actual results or performance to differ materially from those that have been forecast, estimated or projected. Such risks and uncertainties include, among others, changes in social and economic conditions, federal, state and local statutory and regulatory initiatives, litigation, population changes, seismic events and various other events, conditions and circumstances, many of which are beyond the control of the Authority or the City. These forward-looking statements speak only as of the date of this Official Statement. The Authority and the City disclaim any obligation or undertaking to release publicly any updates or revisions to any forward-looking statement contained herein to reflect any changes in the expectations of the Authority and the City with regard thereto or any change in events, conditions or circumstances on which any such statement is based. The Underwriter has provided the following sentence for inclusion in this Official Statement: The Underwriter has reviewed the information in this Official Statement in accordance with, and as a part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. The issuance and sale of the Series 2025 Bonds have not been registered under the Securities Act of 1933 in reliance upon the exemption provided thereunder by Section 3(a)2 for the issuance and sale of municipal securities. The City maintains a website. References to website addresses presented in this Official Statement are for information purposes only and are solely for the convenience of the reader. The information presented on any website is not a part of this Official Statement, is not incorporated into and is not a part of, this Official Statement, and should not be relied upon in making an investment decision with respect to the Series 2025 Bonds. [__________________ (the “Bond Insurer”) makes no representation regarding the Insured Series 2025 Bonds or the advisability of investing in the Insured Series 2025 Bonds. In addition, the Bond Insurer has not independently verified, makes no representation regarding, and does not accept any responsibility for the accuracy or completeness of this Official Statement or any information or disclosure contained herein, or omitted herefrom, other than with respect to the accuracy of the information regarding the Bond Insurer supplied by the Bond Insurer and presented under the heading “BOND INSURANCE” and APPENDIX G–“SPECIMEN MUNICIPAL BOND INSURANCE POLICIES.”] FRESNO JOINT POWERS FINANCING AUTHORITY GOVERNING BOARD Mayor Jerry P. Dyer, Chair Mike Karbassi, Vice Chair Nelson Esparza, Member CITY OF FRESNO MAYOR AND CHIEF EXECUTIVE OFFICER Jerry P. Dyer CITY COUNCIL Mike Karbassi, President, District 2 Miguel Arias, Vice President, District 3 Annalisa Perea, District 1 Tyler Maxwell, District 4 Brandon Vang, District 5 Nick Richardson, District 6 Nelson Esparza, District 7 CHIEF CITY ADMINISTRATIVE PERSONNEL Georgeanne White, City Manager Andrew Janz, City Attorney Santino Danisi, Finance Director/City Controller Todd Stermer, City Clerk SPECIAL SERVICES Orrick, Herrington & Sutcliffe LLP San Francisco, California Bond Counsel ArentFox Schiff LLP San Francisco, California Disclosure Counsel Anzel Galvan LLP San Francisco, California Underwriter’s Counsel KNN Public Finance, LLC Berkeley, California Municipal Advisor The Bank of New York Mellon Trust Company, N.A. Los Angeles, California Trustee i TABLE OF CONTENTS Page Page INTRODUCTION ............................................. 1 General; Purpose ........................................... 1 Authority for Issuance ................................... 1 The Authority ................................................ 2 Security and Sources of Payment for the Series 2025 Bonds ................................... 2 [Bond Insurance] ........................................... 3 No Reserve Account ...................................... 3 Risks to Bondowners ..................................... 3 Continuing Disclosure ................................... 3 References to Underlying Documents ........... 4 PLAN OF FINANCE ......................................... 4 General .......................................................... 4 THE SERIES 2025 BONDS .............................. 7 General .......................................................... 7 Redemption Provisions .................................. 7 Redemption Procedures ................................. 8 DEBT SERVICE REQUIREMENTS .............. 10 ESTIMATED SOURCES AND USES OF FUNDS ............................................................ 12 SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 2025 BONDS ............................................................ 12 General ........................................................ 12 Pledge of Revenues ..................................... 12 Base Rental Payments ................................. 13 Abatement.................................................... 13 Covenant to Budget and Appropriate .......... 14 Option to Purchase ...................................... 14 Insurance...................................................... 14 No Reserve Account .................................... 16 Additional Bonds ......................................... 16 Addition, Substitution, Release of Facilities ................................................ 16 Remedies ..................................................... 17 [BOND INSURANCE] .................................... 17 THE LEASED FACILITIES ........................... 17 General ........................................................ 17 Descriptions of the Leased Facilities ........... 18 Estimated Values of Facilities ..................... 20 Vicinity Map ................................................ 21 CERTAIN BONDOWNERS’ RISKS ............. 23 Limited Obligation ...................................... 23 Valid and Binding Covenant to Budget and Appropriate .................................... 23 Dependence on the State for Certain Revenues ............................................... 24 Base Rental Payments Not a Debt of the City ....................................................... 24 City Financial Condition ............................. 24 Risk of Declines in Assessed Valuation ...... 25 [Bond Insurance on the Series 2025 Bonds] ................................................... 25 Limited Recourse on Default ...................... 26 Abatement ................................................... 27 Risk of Earthquake and Other Natural Disasters ................................................ 27 Climate Change ........................................... 29 Cybersecurity .............................................. 30 Hazardous Substances ................................. 30 Insurance ..................................................... 31 Bankruptcy .................................................. 31 Loss of Tax Exemption of Series 2025A Bonds .................................................... 33 Changes in Law ........................................... 33 Secondary Markets and Prices .................... 33 CONSTITUTIONAL AND STATUTORY LIMITATIONS ON TAXES AND APPROPRIATIONS ....................................... 33 Article XIII A of the California Constitution .......................................... 33 Article XIII B of the California Constitution .......................................... 35 Proposition 218 ........................................... 36 Proposition 1A ............................................ 37 Proposition 26 ............................................. 38 Future Initiatives ......................................... 39 THE AUTHORITY ......................................... 39 THE CITY ....................................................... 39 FINANCIAL STATEMENTS ......................... 40 NO LITIGATION ............................................ 40 TAX MATTERS ............................................. 40 CERTAIN LEGAL MATTERS ...................... 45 RATINGS ........................................................ 45 UNDERWRITING .......................................... 46 MUNICIPAL ADVISOR ................................ 46 CONTINUING DISCLOSURE ....................... 46 MISCELLANEOUS ........................................ 48 ii MAPS, TABLES, AND RENDERINGS Page City Location Map ....................................................................................................................................... iii Table 1 – Debt Service Schedule ........................................................................................................... 10 Table 2 – Estimated Sources and Uses of Funds ................................................................................... 12 Image of Parking Garage 8 ......................................................................................................................... 18 Image of Fire Station No. 18 ....................................................................................................................... 19 Image of Southeast Police Substation ......................................................................................................... 20 Vicinity Map of Leased Facilities ............................................................................................................... 22 APPENDICES APPENDIX A – Financial, Economic and Demographic Information Relating to the City of Fresno .. A-1 APPENDIX B – City of Fresno, California, Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2024 ................................................................................ B-1 APPENDIX C – Forms of the Principal Legal Documents .................................................................... C-1 APPENDIX D – Proposed Form of Opinion of Bond Counsel .............................................................. D-1 APPENDIX E – Form of Continuing Disclosure Certificate ................................................................. E-1 APPENDIX F – DTC and the Book-Entry Only System ........................................................................ F-1 [APPENDIX G – Specimen Municipal Bond Insurance Policies ........................................................... G-1] iii City Location Map OFFICIAL STATEMENT $___________* FRESNO JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS (PUBLIC SAFETY PROJECTS) SERIES 2025A $___________* FRESNO JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS (PUBLIC SAFETY PROJECTS) SERIES 2025B (FEDERALLY TAXABLE) INTRODUCTION This Introduction contains only a brief summary of the terms of the 2025 Bonds being offered and a brief description of this Official Statement. A full review should be made of the entire Official Statement, including the inside cover through the Appendices. All statements contained in this Introduction are qualified in their entirety by reference to the entire Official Statement. All capitalized terms used in this Official Statement and not otherwise defined herein have the meanings given to such terms as set forth in the Trust Agreement (defined below). See APPENDIX C–“FORMS OF THE PRINCIPAL LEGAL DOCUMENTS– CERTAIN DEFINITIONS.” General; Purpose This Official Statement, which includes the cover, inside cover and appendices attached hereto, provides certain information in connection with the issuance and delivery by the Fresno Joint Powers Financing Authority (the “Authority”) of $_________* principal amount of Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025A (the “Series 2025A Bonds”) and $_________* principal amount of Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable) (the “Series 2025B Bonds” and, together with the Series 2025A Bonds, the Series 2025 Bonds”). The proceeds of the sale of the 2025 Bonds will be used to: (i) pay the costs of constructing a new Fire Station No. 12 and a new 911 Emergency Call Center, and constructing and installing certain tenant improvements to the Police Department Headquarters (collectively, the “Series 2025 Projects” located in the City of Fresno (the “City”); (ii) capitalize interest on the Series 2025 Bonds through April 1, 2029; and (iii) pay certain costs associated with the issuance of the Series 2025 Bonds[[, including premiums for the Policies (defined herein)]]. The Leased Facilities to be leased by the City from the Authority pursuant to a Sublease consist of Parking Garage 8, Fire Station No. 18, and the Southeast Police Substation. Following the completion of the Series 2025 Projects, the City expects to add Fire Station No. 12 and the 911 Emergency Call Center as Leased Facilities under the Lease and the Sublease (each as defined herein) and release Parking Garage No. 8 therefrom. See “PLAN OF FINANCE,” “ESTIMATED SOURCES AND USES OF FUNDS,” and “THE LEASED FACILITIES” for descriptions of the Leased Facilities. Authority for Issuance The Series 2025 Bonds are being issued pursuant to the Marks-Roos Local Bond Pooling Act of 1985, constituting Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State (the “Act”) and a Master Trust Agreement, dated as of September 1, 2025 (the “Trust Agreement”), between the Authority and The Bank of New York Mellon Trust Company, N.A., Los Angeles, California, as trustee (the “Trustee”). ___________ * Preliminary, subject to change. 2 The Authority The Authority is a joint exercise of powers agency organized under the laws of the State and composed of the City and the Successor Agency to the Redevelopment Agency of the City of Fresno (the “Agency”). The Authority was formed pursuant to a Joint Exercise of Powers Agreement, dated October 25, 1988, as amended, by and between the City and the Agency to assist in the financing of public capital improvements. Security and Sources of Payment for the Series 2025 Bonds General. The Series 2025 Bonds are payable from, and secured by a pledge of, and charge and lien upon, certain rental payments received by the Authority from the City (the “Base Rental Payments”) pursuant to a Master Facilities Sublease, dated as of September 1, 2025 (the “Sublease”), by and between the Authority and the City, and from certain interest and other income derived from certain funds and accounts held under the Trust Agreement.” The City is obligated to pay all Base Rental Payments (subject to abatement) due under the Sublease from the City’s General Fund. See “SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 2025 BONDS–Base Rental Payments.” The City owns certain real property and the improvements thereon (each a “Facility,” and collectively, the “Leased Facilities”), that the City has leased to the Authority pursuant to a Master Facilities Lease, dated as of September 1, 2025 (the “Lease”). The City will lease the Leased Facilities back from the Authority pursuant to the Sublease. For a description and location of the Leased Facilities, see “THE LEASED FACILITIES.” The Series 2025 Bonds are limited obligations of the Authority and are not secured by a legal or equitable pledge of, or charge or lien upon, any property of the Authority or any of its income or receipts, except the Revenues. Neither the full faith and credit nor the taxing power of the City, the State or any political subdivision thereof is pledged for the payment of the principal of or premium, if any, or interest on the Series 2025 Bonds. The obligation of the City to make Base Rental Payments due under the Sublease does not constitute a debt, liability or obligation of the City for which the City is obligated to levy or pledge any form of taxation or for which the City has levied or pledged any form of taxation. The Authority has no taxing power. Additional Bonds. The Authority may issue future Additional Bonds secured on a parity with the Series 2025 Bonds. The Series 2025 Bonds and any future Additional Bonds issued pursuant to the Trust Agreement, are referred to collectively as the “Bonds.” See APPENDIX C–“FORMS OF THE PRINCIPAL LEGAL DOCUMENTS–THE MASTER TRUST AGREEMENT–ISSUANCE OF ADDITIONAL BONDS. For a summary of other obligations of the City payable from the General Fund, see Table A-22– “Long-Term General Fund Obligations” in APPENDIX A–“FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO” under the caption “FINANCIAL INFORMATION–Long- Term General Fund Obligations.” 3 Abatement The Base Rental Payments are subject to complete or partial abatement in the event and to the extent that there is substantial interference with the City’s use and possession of the Leased Facilities or any portion thereof. If the Base Rental Payments are abated under the Sublease, the Bond Owners would receive less than the full amount of principal of and interest on the Series 2025A Bonds. To the extent proceeds of rental interruption insurance are available (as described herein), Base Rental Payments (or a portion thereof) may be made from those proceeds during periods of abatement. See “SECURITY AND SOURCES OF PAYMENT FOR THE 2025 BONDS– Abatement” and “CERTAIN BONDOWNERS’ RISKS–Abatement.” [Bond Insurance] [The scheduled payment of principal of and interest on the Series 2025A Bonds maturing on _____ 1 of the years 20__ through 20__, inclusive (the “Insured Series 2025A Bonds”), when due will be guaranteed under a municipal bond insurance policy for the Insured Series 2025A Bonds (the “Series 2025A Policy”) to be issued concurrently with the delivery of the Insured Series 2025A Bonds by ________________ (the “Bond Insurer”). The scheduled payment of principal of and interest on the Series 2025B Bonds maturing on _____ 1 of the years 20__ through 20__, inclusive (the “Insured Series 2025A Bonds”), when due will be guaranteed under a municipal bond insurance policy for the Insured Series 2025B Bonds (the “Series 2025B Policy” and, together with the Series 2025A Policy, the “Policies”) to be issued concurrently with the delivery of the Insured Series 2025A Bonds by the Bond Insurer. See “BOND INSURANCE” and APPENDIX G–“SPECIMEN MUNICIPAL BOND INSURANCE POLICIES.”] No Reserve Account No reserve account will be established under the Trust Agreement as security for the Series 2025 Bonds. See “CERTAIN BONDOWNERS’ RISKS–No Reserve Account.” Risks to Bondowners An investment in the Series 2025 Bonds involves risk. Investors are advised to read the entire Official Statement to obtain information essential to making an informed decision to invest in the Series 2025 Bonds. For a discussion of certain investment considerations and risk factors that should be considered by prospective purchasers of the Series 2025 Bonds, in addition to the other matters presented in this Official Statement, see “CERTAIN BONDOWNERS’ RISKS.” Continuing Disclosure The City has covenanted for the benefit of the Owners and Beneficial Owners to provide certain financial information and operating data for each Fiscal Year not later than March 31 of each year (or the next succeeding business day, if such day is not a business day), commencing March 31, 2026 (each, an “Annual Report”) and notices of the occurrence of certain specified events. The Annual Reports and the notices of the occurrence of certain specified events will be filed with the Municipal Securities Rulemaking Board (the “MSRB”) through its Electronic Municipal Market Access site (“EMMA”). The specific nature of the information to be contained in the Annual Reports and the notices of specified events is set forth in APPENDIX E–“FORM OF CONTINUING DISCLOSURE CERTIFICATE.” These covenants have been made in order to assist the Underwriter in complying with Section (b)(5) of Rule 15c2- 4 12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (“Rule 15c2-12”). See “CONTINUING DISCLOSURE.” References to Underlying Documents Brief descriptions of the Authority, the City, the Series 2025 Bonds, the Series 2025 Projects, the Trust Agreement, the Lease, the Sublease, and the Leased Facilities are included in this Official Statement. The summaries of and references to all documents, statutes, reports and other instruments referred to herein do not purport to be complete, comprehensive or definitive, and each such summary and reference is qualified in its entirety by reference to such document, statute, report or instrument, copies of which are available for inspection at the City of Fresno, Finance Department, 2600 Fresno Street, Fresno, California 93721-3603. PLAN OF FINANCE General Proceeds of the Series 2025A Bonds will be applied to: (i) pay the cost of constructing a new Fire Station No. 12 and a new 911 Emergency Call Center, and constructing and installing certain tenant improvements to the Police Department Headquarters, a privately developed building being acquired by the City under a lease purchase agreement (collectively, the “Series 2025 Projects”); (ii) capitalize interest on the Series 2025A Bonds through September 16, 2028; and (iii) pay the costs associated with the issuance of the 2025A Bonds, including the premium for the Series 2025A Policy. Proceeds of the Series 2025B Bonds will be applied to: (i) capitalize interest on the Series 2025A Bonds from September 17, 2028 through April 1, 2029, (ii) capitalize interest on the Series 2025B Bonds through April 1, 2029, and (iii) pay the costs associated with the issuance of the 2025B Bonds, including the premium for the Series 2025B Policy. See “ESTIMATED SOURCES AND USES OF FUNDS” for additional information regarding the application of Series 2025 Bond proceeds. 2025 Projects Following the completion of the Series 2025 Projects, the City expects to add Fire Station No. 12 and the 911 Emergency Call Center as Leased Facilities under the Lease and the Sublease and release Parking Garage No. 8 therefrom (each as described below). 5 Fire Station No. 12. Approximately $18,002,756 of the proceeds of the Series 2025A Bonds will be applied to construct a new approximately 15,842 square foot, single-story, wood frame Fire Station No. 12, containing four bays for fire apparatus, turnout and equipment rooms, living quarters, recreation space, office space for 11 personnel, and a public lobby located on City-owned land at Ashlan Avenue and Valentine Avenue in the northwestern part of the City This fire station will replace existing station No. 12 which is located at Acacia Avenue and Marks Avenue. The new station will be significantly larger than the existing station. The City will equip new Fire Station No. 12 from other City moneys, which the City has appropriated or expects to be budgeted and appropriated prior to occupancy. Such equipment is not part of the Leased Facilities for purposes of the Lease and the Sublease. Design of Fire Station No. 12 is complete, and construction is expected to be completed by October 2026. 6 911 Emergency Call Center. Approximately $16,902,908 of proceeds of the Series 2024A Bonds will be applied to construct a new 12,072-square-foot 911 Emergency Call Center for the Police Department on a 1.25-acre project site located in the eastern portion of the City’s Municipal Service Center located at 1515 El Dorado Street. The 911 Emergency Call Center will consist of a single-story building with a large call center space, office space for managers and supervisors, a conference room, a training room, breakrooms, restrooms, an exercise and fitness room, a server room, an electrical room, and an outdoor courtyard. The 911 Emergency Call Center would be operational 24 hours a day, every day of the calendar year, and would be operated and maintained by the Police Department. Operation of the 911 Emergency Call Center would involve transferring certain existing operations from the police department. The City will equip the 911 Emergency Call Center from other City moneys. Such equipment is not part of the Leased Facilities for purposes of the Lease and the Sublease. Design of the 911 Emergency Call Center is complete, and construction is expected to be completed by December 2026. Police Department Headquarters Improvements. Approximately $12,000,000 of proceeds of the Series 2024A Bonds will be applied to construct and install [[Description of Improvements]to the Police Department Headquarters to be located at 2314 Mariposa Street. Neither the Police Department Headquarters nor the improvements are part of the Leased Facilities for purposes of the Lease and the Sublease. ___________ 7 * Preliminary, subject to change. THE SERIES 2025 BONDS General The Series 2025A Bonds will be issued in the principal amount of $______* as one fully registered Series 2025A Bond for each maturity, in the name of Cede & Co., as nominee for The Depository Trust Company (“DTC”), as registered owner of all Series 2025A Bonds. See APPENDIX F–“DTC AND THE BOOK-ENTRY ONLY SYSTEM.” The Series 2025A Bonds will be dated the date of original delivery, bear interest at the rates per annum set forth on the inside cover, payable semiannually on each April 1 and October 1 (each, an “Interest Payment Date”), commencing ________ 1, 2025, and mature on April 1 in the years and in the principal amounts set forth on the inside cover. The Series 2025B Bonds will be issued in the principal amount of $______* as one fully registered Series 2025B Bond for each maturity, in the name of Cede & Co., as nominee for The Depository Trust Company (“DTC”), as registered owner of all Series 2025B Bonds. See APPENDIX F–“DTC AND THE BOOK-ENTRY ONLY SYSTEM.” The Series 2025B Bonds will be dated the date of original delivery, bear interest at the rates per annum set forth on the inside cover, payable semiannually on each April1 and October 1 (each, an “Interest Payment Date”), commencing ________ 1, 2025, and mature on April 1 in the years and in the principal amounts set forth on the inside cover. Redemption Provisions Optional Redemption of Series 2025A Bonds. The Series 2025A Bonds maturing on and after April 1, 2036, are subject to redemption prior to their respective stated maturities at the written direction of the Authority, from any moneys deposited by the Authority or the City, as a whole or in part on any date (in such maturities as are designated in writing by the Authority to the Trustee) on or after April 1, 2035, at the redemption price of 100% of the principal amount thereof, together with accrued interest to the date fixed for redemption. No Optional Redemption of Series 2025B Bonds. The Series 2025B Bonds are not subject to redemption prior to their respective stated maturities. ___________ 8 * Preliminary, subject to change. Mandatory Sinking Fund Redemption of Series 2025A Bonds. The Series 2025A Bonds maturing on April 1, 20_ (the “Series 2025A 20__ Term Bonds”) upon notice as provided in the Trust Agreement, are subject to mandatory sinking fund redemption prior to maturity, in part on April 1 of each year on and after April 1, 20__ by lot, from and in the amount of the Mandatory Sinking Account Payments set forth below at a redemption price equal to the sum of the principal amount thereof plus accrued interest thereon to the redemption date, without premium, as follows: 20__ Series 2025A Term Bonds Sinking Account Payments Mandatory Sinking Account Payment Date (April 1) Mandatory Sinking Account Payments _________________ † Maturity. * Preliminary, subject to change. Extraordinary Redemption of Series 2025 Bonds. The Series 2025 Bonds are subject to redemption by the Authority on any date prior to their respective stated maturities, upon notice as provided in the Trust Agreement, as a whole, or in part by lot within each stated maturity in integral multiples of $5,000, from prepayments made to the City pursuant to the Facilities Sublease from insurance or condemnation proceeds, at a redemption price equal to the sum of the principal amount thereof, without premium, plus accrued interest thereon to the redemption date. Whenever less than all of the outstanding Series 2025 Bonds [of a Series] are to be redeemed on any one date, the Trustee shall select the Series 2025 Bonds to be redeemed in part from maturities selected by the Authority, provided that the aggregate annual debt service on Series 2025 Bonds which shall be payable after such redemption date shall be as nearly proportional as practicable to the aggregate annual debt service on Series 2025 Bonds Outstanding prior to such redemption date. See “SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 2025 BONDS– Insurance.” Redemption Procedures Selection of Series 2025 Bonds for Redemption. If less than all Outstanding Series 2025 Bonds of either Series maturing by their terms on any one date are to be redeemed at any one time, the Trustee shall select the Series 2025 Bonds of such maturity date to be redeemed in any manner that it deems appropriate and fair and shall promptly notify the Authority in writing of the numbers of the Series 2025 Bonds so selected for redemption. For purposes of such selection, Series 2025 Bonds shall be deemed to be composed of $5,000 multiples of principal, and any such multiple may be separately redeemed. Notice of Redemption of Series 2025 Bonds. Notice of redemption of any Series 2025 Bond is required to be mailed by first-class mail by the Trustee, not less than 20 nor more than 60 days prior to the redemption date, to (i) the respective Holders of the Series 2025 Bonds designated for redemption at their addresses appearing on the registration books of the Trustee; (ii) the Municipal Securities Rulemaking Board; and (iii) the Securities Depositories. Notice of redemption [to the Securities Depositories] is required to be given by registered mail, electronic mail or overnight delivery or facsimile transmission. Failure to receive such notice shall not invalidate any of the proceedings taken in connection with such redemption. Notice of Optional Redemption of the Series 2025A Bonds. At the Written Direction of the City, the Trustee’s notice of redemption with respect to an optional redemption of the Series 2025A Bonds shall provide that such redemption is conditional upon receipt by the Trustee of sufficient moneys to redeem 9 such Series 2025A Bonds or portion thereof, including moneys to pay any redemption premium (a “Conditional Redemption”). The Trustee is required to rescind any Conditional Redemption if sufficient moneys have not been deposited with the Trustee on or before the redemption date. The optional redemption of the Series 2025A Bonds is required to be canceled once the Trustee has given notice of rescission. Any portion of the Series 2025A Bonds subject to Conditional Redemption where such redemption has been rescinded will remain Outstanding, and neither the rescission nor the failure of funds being made available in part or in whole on or before the redemption date will constitute an Event of Default under the Trust Agreement. Effect of Redemption of Series 2025 Bonds. If notice of redemption has been duly given as provided in the Trust Agreement and money for the payment of the redemption price of, together with interest accrued to the date fixed for redemption, the Series 2025 Bonds called for redemption is held by the Trustee, then on the redemption date designated in such notice, the Series 2025 Bonds so called for redemption will become due and payable, and from and after the date so designated for redemption, the interest on such Series 2025 Bonds will cease to accrue, and the Holders of such Series 2025 Bonds will have no rights in respect thereof except to receive payment of the redemption price thereof. 10 DEBT SERVICE REQUIREMENTS The amounts required to be set aside each April 1 and October 1 for principal, sinking account payments and interest relating to the Series 2025 Bonds are as shown below: TABLE 1 DEBT SERVICE SCHEDULE Series 2025A Bonds Series 2025B Bonds Date Principal Interest Total Principal Interest Total Total 10/1/2025 04/1/2026 10/1/2026 04/1/2027 10/1/2027 04/1/2028 10/1/2028 04/1/2029 10/1/2029 04/1/2030 10/1/2030 04/1/2031 10/1/2031 04/1/2032 10/1/2032 04/1/2033 10/1/2033 04/1/2034 10/1/2034 04/1/2035 10/1/2035 04/1/2036 10/1/2036 04/1/2037 10/1/2037 04/1/2038 10/1/2038 04/1/2039 11 Series 2025A Bonds Series 2025B Bonds Date Principal Interest Total Principal Interest Total Total 10/1/2039 04/1/2040 10/1/2040 04/1/2041 10/1/2041 04/1/2042 10/1/2042 04/1/2043 10/1/2043 04/1/2044 10/1/2044 04/1/2045 10/1/2045 04/1/2046 10/1/2046 04/1/2047 10/1/2047 04/1/2048 10/1/2048 04/1/2049 10/1/2049 04/1/2050 10/1/2050 04/1/2051 10/1/2051 04/1/2052 10/1/2052 04/1/2053 10/1/2053 04/1/2054 10/1/2054 04/1/2055† TOTAL _________________ † Maturity. 12 ESTIMATED SOURCES AND USES OF FUNDS The estimated sources and uses of funds received from the sale of the Series 2025 Bonds are set forth below: TABLE 2 ESTIMATED SOURCES AND USES OF FUNDS SOURCES: SERIES 2025A SERIES 2025B TOTAL Principal of Series 2025 Bonds Plus Original Issue Premium TOTAL ESTIMATED SOURCES USES: Deposit to Series 2025 Acquisition and Construction Account(1) Deposits to Capitalized Interest Account(2) Underwriter’s Discount Costs of Issuance(3) TOTAL ESTIMATED USES _______________ (1) Amounts in the Series 2025 Acquisition and Construction Account will be applied to pay construction costs, including contingencies for change orders, of the Series 2025 Projects and pay and reimburse the City for certain of its pre-construction costs in connection with Series 2025 Projects. See “THE LEASED FACILITIES.” (2) Proceeds of the Series 2025A Bonds in the amount of $_____ will be deposited into the Series 2025A Capitalized Interest Subaccount to capitalize interest thereon through the date three years after the date of issuance thereof. Proceeds of the Series 2025B Bonds in the amount of $_______ will also be deposited into the Series 2025A Capitalized Interest Subaccount to capitalize interest on the Series 2025A Bonds from [[September 17, 2028]] through April 1, 2029. Proceeds of the Series 2025B Bonds in the amount of $_______ will be deposited into the Series 2025B Capitalized Interest Subaccount to capitalize interest thereon from the date of issuance through April 1, 2029. (3) Includes fees and expenses of Bond Counsel, Disclosure Counsel, the Trustee, and the Municipal Advisor, [[bond insurance policy premiums,]] rating agency fees, printing costs and all other miscellaneous costs of issuance. SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 2025 BONDS General Pursuant to the Sublease, the City makes Base Rental Payments for the beneficial use and occupancy of Facilities, which Base Rental Payments are calculated to be sufficient to pay debt service on all Bonds issued under the Trust Agreement. Pledge of Revenues The Trust Agreement provides that the Bonds and the interest thereon are payable solely from, and are secured by a pledge of and charge and lien upon, (i) all Base Rental Payments and certain other payments paid by the City and received by the Trustee, as assignee of the Authority pursuant to the Sublease (but not Additional Payments) and (ii) all interest or other income from any investment of any money in any fund or account established pursuant to the Trust Agreement (other than the Rebate Fund) (collectively, the “Revenues”), all under the terms and conditions set forth in the Trust Agreement. To the extent set forth in the Trust Agreement, all the Revenues are irrevocably pledged to the payment of the interest and premium, if any, on and principal of the Bonds. 13 The Series 2025 Bonds are limited obligations of the Authority and are not secured by a legal or equitable pledge of, or charge or lien upon, any property of the Authority or any of its income or receipts, except the Revenues. Neither the full faith and credit nor the taxing power of the City, the State or any political subdivision thereof is pledged for the payment of the principal of or premium, if any, or interest on the Series 2025 Bonds. The obligation of the City to make Base Rental Payments due under the Sublease does not constitute a debt, liability or obligation of the City for which the City is obligated to levy or pledge any form of taxation or for which the City has levied or pledged any form of taxation. The Authority has no taxing power. Base Rental Payments Base Rental Payments are calculated to be sufficient to make the 2025 Bond payments on April 1 and October 1 of each year. Each Base Rental Payment installment is payable five Business Days in advance of such dates. The City is obligated to pay all Base Rental Payments (subject to abatement) due under the Sublease for beneficial use and occupancy of the Leased Facilities from any lawfully available funds of the City. The Trust Agreement requires that the Base Rental Payments be deposited in the Revenue Fund maintained by the Trustee. Pursuant to the Trust Agreement, on April 1 and October1 of each year, the Trustee will apply such amounts in the Revenue Fund as are necessary to make principal and interest payments with respect to the Bonds as the same shall become due and payable. See also “CERTAIN BONDOWNERS’ RISKS– Abatement.” The obligation of the City to make Base Rental Payments is an obligation payable from amounts in the General Fund of the City, and does not constitute a debt of the City, the Authority or of the State of California or of any political subdivision thereof in contravention of any constitutional or statutory debt limitation or restriction or an obligation for which the City must levy or pledge, or has levied or pledged, any form of taxation. Abatement Pursuant to the Sublease, Base Rental Payments shall be abated proportionately during any period in which, by reason of any damage or destruction (other than by condemnation which is otherwise addressed in the Sublease) there is substantial interference with the use and occupancy of the Leased Facilities by the City. The amount of such abatement will be such that the resulting Base Rental Payments do not exceed the lesser of: (i) the amount necessary to pay the originally scheduled Base Rental Payments remaining unpaid and (ii) the fair rental value for the use and possession of the Leased Facilities not so damaged or destroyed. The City shall calculate such abatement and shall provide the Authority and the Trustee with a Certificate of the City setting forth such calculation and the basis therefor. Such abatement shall continue for the period commencing with the date of such damage or destruction and ending with the substantial completion of the work of repair or replacement of the Leased Facilities so damaged or destroyed. See APPENDIX C–“FORMS OF THE PRINCIPAL LEGAL DOCUMENTS–MASTER FACILITIES SUBLEASE–Base Rental Payments; Use of Proceeds–Rental Abatement.” 14 Covenant to Budget and Appropriate Pursuant to the Sublease, the City covenants to take such action as may be necessary to include all such Base Rental Payments and Additional Payments due under the Sublease in its annual budgets and to make necessary annual appropriations for all such Base Rental Payments and Additional Payments. The covenants on the part of the City contained in the Sublease are deemed to be and are construed to be duties imposed by law, and it is the duty of each and every public official of the City to take such action and do such things as are required by law in the performance of the official duty of such officials to enable the City to carry out and perform the covenants and agreements in the Sublease agreed to be carried out and performed by the City. A court, however, in its discretion may decline to enforce such covenants. Upon issuance of the Series 2025 Bonds, Bond Counsel will render its opinion (substantially in the form of APPENDIX D–“PROPOSED FORM OF OPINION OF BOND COUNSEL”) to the effect that, subject to the limitations and qualifications described therein, the Sublease constitutes a valid and binding obligation of the City. For a description of the practical realization of remedies upon default under the Sublease by the City, see “CERTAIN BONDOWNERS’ RISKS–Bankruptcy” and APPENDIX C–“FORMS OF THE PRINCIPAL LEGAL DOCUMENTS–MASTER FACILITIES SUBLEASE–Default and Remedies.” Option to Purchase Pursuant to the Sublease, the City has the option to purchase the Authority’s interest in any part of the Leased Facilities upon payment of an option price consisting of moneys or securities satisfying the requirements specified in the Trust Agreement (and which are not callable by the issuer thereof prior to maturity) in an amount sufficient (together with the earnings and interest on such securities) to provide funds to pay the redemption price of a portion of the Bonds attributable to such part of the Leased Facilities (determined by reference to the proportion which the acquisition, design and construction cost of such part of the Leased Facilities bears to the acquisition, design and construction cost of all of the Leased Facilities). The option price payment is required to be made to the Trustee and will be treated as rental payments and shall be applied by the Trustee to pay the principal of and interest on the Bonds and to redeem Bonds if such Bonds are subject to redemption pursuant to the terms of the Trust Agreement. See APPENDIX C–“FORMS OF THE PRINCIPAL LEGAL DOCUMENTS–MASTER FACILITIES SUBLEASE–Option to Purchase; Sale of Personal Property.” Insurance Fire and Extended Coverage Insurance. The Sublease requires the City to procure or cause to be procured and maintain or cause to be maintained, throughout the term of the Sublease, insurance against loss or damage to any structures constituting any part of the Leased Facilities by fire and lightning, with extended coverage insurance, vandalism and malicious mischief insurance. Such extended coverage insurance is required, as nearly as practicable, to cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke and such other hazards as are normally covered by such insurance. Such insurance is required to be in an amount equal to the replacement cost (without deduction for depreciation) of all structures constituting any part of the Leased Facilities, excluding the cost of excavations, of grading and filling, and of the land (except that such insurance may be subject to deductible clauses for any one loss of not to exceed $250,000). Such insurance may be part of a joint-purchase insurance program. If the Leased Facilities are damaged or destroyed as a result of an event for which federal or State disaster aid is available, the Authority and/or the City covenant to promptly apply for such disaster aid. Any disaster aid proceeds received are required to be used to repair, reconstruct, restore or replace the damaged or destroyed portions of the Leased Facilities, or, at the option of the City and the Authority, to redeem Outstanding Bonds if permitted under such disaster aid program. 15 As an alternative to providing the fire and extended coverage insurance, or any portion thereof, required by the Sublease, the City may provide a self-insurance method or plan of protection if and to the extent such self-insurance method or plan of protection will afford reasonable coverage for the risks required to be insured against, in light of all circumstances, giving consideration to cost, availability and similar plans or methods of protection adopted by public entities in the State other than the City. Before such other method or plan may be provided by the City, and annually thereafter so long as such method or plan is being provided to satisfy the requirements of the Sublease, there will be filed with the Trustee a certificate of an actuary, insurance consultant or other qualified person (who may be a City employee), stating that, in the opinion of the signer, the substitute method or plan of protection is in accordance with the requirements of the Sublease and, when effective, would afford reasonable coverage for the risks required to be insured against. There will also be filed a certificate of the City setting forth the details of such substitute method or plan. In the event of loss covered by any such self-insurance method, the liability of the City with respect to the damaged portion of the Leased Facilities will be limited to the amounts in the self-insurance reserve fund or funds created under such method. The City does not currently provide for such a self-insurance method. See also APPENDIX A–“FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO–FINANCIAL INFORMATION–Risk Management.” Rental Interruption or Use and Occupancy Insurance. The Sublease requires the City to procure or cause to be procured and maintain or cause to be maintained throughout the term of the Sublease, rental interruption or use and occupancy insurance to cover loss, total or partial, of the rental income from or the use of the Leased Facilities as the result of any of the hazards covered by the fire and extended coverage insurance required by the Sublease described in the preceding paragraphs, in an amount sufficient to pay the maximum annual Base Rental Payments due under the Sublease for any two year period, except that such insurance may be subject to a deductible clause of not to exceed $50,000 and may be part of a joint- purchase program. The provider of such insurance is required to be rated at least “A-” by A.M. Best & Company, and the Trustee is required to be the beneficiary of such insurance. Any proceeds of such insurance will be payable to and used by the Trustee as provided in the Trust Agreement to pay principal of and interest on the Bonds for a period of time during which the payment of rental under a Sublease is abated, and any proceeds of such insurance not so used will be applied as provided in the Trust Agreement to the extent required for the payment of Additional Payments. The City is not allowed under the Sublease to self-insure for rental interruption insurance. No Earthquake Insurance. The Sublease does not require the City to maintain earthquake insurance with respect to the Leased Facilities. The City does not maintain such insurance and does not anticipate that it will obtain such insurance in the future. Title Insurance. The City is also required under the Sublease to obtain a leasehold owner’s policy or policies or a commitment for such policy or policies or an amendment or endorsement to an existing policy or policies resulting in title insurance with respect to the Leased Facilities in an amount at least equal to the principal amount of the Bonds. Such insurance instrument, when issued, is required to name the Trustee as the insured, and is required to insure the leasehold estate of the Authority subject only to such exceptions as do not substantially interfere with the City’s right to use and occupy the property and as will not result in an abatement of Base Rental Payments payable by the City under the Sublease. Worker’s Compensation Insurance. The City is also required under the Sublease to maintain worker’s compensation insurance issued by a responsible carrier authorized under the laws of the State to insure its employees against liability for compensation under the Worker’s Compensation Insurance and Safety Act now in force in the State, or any act enacted as an amendment or supplement thereto. As an alternative, such insurance may be maintained as part of or in conjunction with any other insurance carried by the City. Such insurance may be maintained by the City in the form of self-insurance. 16 No Reserve Account No Reserve Account is established under the Trust Agreement as security for the Series 2025 Bonds. Additional Bonds The Authority may at any time issue Additional Bonds pursuant to a Supplemental Trust Agreement, payable from the Revenues and secured by a pledge of and charge and lien upon the Revenues equal to the pledge, charge and lien securing the Series 2025 Bonds, and subject to certain conditions precedent, including the requirement of adding additional Facilities, as necessary to the Sublease. See APPENDIX C–“FORMS OF THE PRINCIPAL LEGAL DOCUMENTS–MASTER TRUST AGREEMENT–Additional Bonds.” The Authority will not, so long as any of the Series 2025 Bonds are Outstanding, issue any obligations or securities, however denominated, payable in whole or in part from Revenues except Additional Bonds or obligations to a Reserve Facility provider or obligations which are junior and subordinate to the payment of the principal, premium and interest on the Bonds. Addition, Substitution, Release of Facilities The City and the Authority may add, substitute or release real property and the improvements, buildings, fixtures and equipment thereon, for all or part of the Leased Facilities for purposes of the Lease and the Sublease provided the City has filed with the Authority and the Trustee the following: (i) Executed copies of the Lease and Sublease or amendments thereto containing the amended description of the Leased Facilities, including the legal description of the Leased Facilities as modified; (ii) A Written Certificate of the City evidencing that the annual fair rental value (which may be based on, but not limited to, the construction or acquisition costs or replacement cost of such facility to the City) of the Leased Facilities that will constitute the Leased Facilities after such addition, substitution or withdrawal will be at least equal to 100% of the maximum amount of Base Rental Payments becoming due in the then current fiscal year or in any subsequent year (at the sole discretion of the City, in the alternative, in the event of a substitution only, the Written Certificate of the City will evidence that the annual fair rental value of the new Facility is at least equal to that of the substituted Facility); (iii) With respect to an addition or substitution, a leasehold owner’s title insurance policy or policies or a commitment for such policy or policies or an amendment or endorsement to an existing title insurance policy or policies resulting in title insurance with respect to the Leased Facilities after such addition or substitution in an amount at least equal to the aggregate principal amount of Bonds Outstanding; each such insurance instrument, when issued, is required to name the Trustee as the insured, and is required to insure the leasehold estate of the Authority in such property subject only to such exceptions as do not substantially interfere with the City’s right to use and occupy such property and as will not result in an abatement of Base Rental Payments payable by the City under the Sublease; (iv) A Written Certificate of the City stating that such addition, substitution or withdrawal, as applicable, does not adversely affect the City’s beneficial use and occupancy of the Leased Facilities; 17 (v) With respect to the substitution of property, a Written Certificate of the City stating that the remaining useful life of the property to be substituted is at least equal to the remaining term of the Sublease; and (vi) An opinion of bond counsel stating that any amendment executed in connection with such addition, substitution or withdrawal, as the case may be (a) is authorized or permitted under the Sublease; (b) will, upon the execution and delivery thereof, be valid and binding upon the Authority and the City; and (c) will not cause the interest on the tax-exempt bonds to be included in gross income for federal income tax purposes. Remedies In the event the City fails to pay any rental due under the Sublease or otherwise fail to perform any other term thereof, the Trustee, on behalf of the Authority, may exercise the remedies provided for therein. Such remedies include, without limitation, a right to bring a suit in mandamus or other legal proceeding to enforce the Authority’s rights against the City, a right to terminate the Sublease and a right to, without terminating the Sublease take possession of, and re-let, the Leased Facilities. See APPENDIX C–“FORMS OF THE PRINCIPAL LEGAL DOCUMENTS–MASTER FACILITIES SUBLEASE.” [BOND INSURANCE] THE LEASED FACILITIES General The City will lease each of the Leased Facilities to the Authority pursuant to the Lease, and the Authority will lease the Leased Facilities back to the City pursuant to the Sublease. The City has covenanted in the Sublease that it will use, or cause the Leased Facilities to be used for public purposes and for the purposes for which the Leased Facilities are customarily used. The Leased Facilities consist of (i) Parking Garage 8, (ii) Fire Station No. 18, and (iii) the Southeast Police Substation. Certain additional information about the Leased Facilities is summarized below. The Base Rental Payments made by the City for use and occupancy of the Leased Facilities secure repayment of the Series 2025 Bonds. The Base Rental Payments to be made by the City under the Sublease comprises the rental for the Leased Facilities without distinction or priority for any Leased Facility, subject to abatement, and the City may not make any Base Rental Payment in part. For a map showing the location of the Leased Facilities within the City, see page [__]. Under the Sublease the City may substitute real property as part of the Leased Facilities from time to time. In addition, the City may be required to add additional Facilities in connection with the issuance of Additional Bonds. The City may also release Facilities as provided in the Sublease prior to the final maturity date of the Bonds. See also “SECURITY AND SOURCES OF PAYMENT FOR THE BONDS–Addition, Substitution and Release of Property.” 18 Following the completion of the Series 2025 Projects, the City expects to add Fire Station No. 12 and the 911 Emergency Call Center as Leased Facilities under the Lease and the Sublease and release Parking Garage No. 8 therefrom. Debt service payments on the Bonds outstanding under the Trust Agreement are set forth in the table under the caption “DEBT SERVICE REQUIREMENTS.” Each Base Rental Payment installment is payable five Business Days in advance of the related debt service payment date on the Bonds. Descriptions of the Leased Facilities Parking Garage 8. This Facility was constructed in the 1968 and consists of a 968-space, approximately 356,400 square foot, three-level, underground, concrete public parking garage on an approximately 2.8 acre site located at 1077 Van Ness Avenue, approximately four blocks west of City Hall, at the intersections of Tulare and Van Ness Streets. The City estimates the value of this Leased Facility to be $50,800,000. 19 Fire Station No. 18. This Facility was constructed in 2020 and consists of an approximately 10,678 square foot, single-story, concrete block building, containing a three-bay apparatus area for fire engine and equipment storage and living quarters and office area located on an approximately 1.7 acre parcel at 6605 West Shaw Avenue. The City estimates the value of this Leased Facility to be $8,150,000. 20 Southeast Police Substation. This Facility was constructed in 2020 and consists of an approximately 10,288 square foot, single-story, concrete block building, containing office space, conference rooms, a gym, visitor areas, and covered and uncovered parking for 140 vehicles, located on an approximately 2.7 acre parcel at 244 South Argyle Avenue. The City estimates the value of this Leased Facility to be $6,360,000. For the location of the Leased Facilities within the City, see the map on page 21. Estimated Values of Facilities The values of the Leased Facilities are only the City's respective estimates thereof. In certain cases the City used valuations performed by third parties. In addition, such valuations were provided to the City solely for its internal use. The City believes that the respective values represent reasonable estimates thereof, but there can be no assurance that an independent appraiser conducting a current appraisal would not assign valuations lower than those indicated above. In addition, it should be noted that although the Lease and Sublease contain a right of the Trustee, on behalf of the Bondowners, to re-enter and re-let the Leased Facilities, such right does not constitute a mortgage or deed of trust with a right of foreclosure. The Base Rental Payments made by the City under the Sublease, which provide for payment of debt service on the Series 2025 Bonds, are required to be made as long as the City has beneficial use and occupancy of the Leased Facilities, which beneficial use and occupancy continued during the duration of the pandemic. In addition, the City has covenanted to include Base Rental Payments in its annual budgets and to make the necessary annual appropriations therefor. See “SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 2025 BONDS-BASE RENTAL PAYMENTS” and “–COVENANT TO BUDGET AND APPROPRIATE.” Also see, APPENDIX A–“FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO–FINANCIAL INFORMATION.” 21 Seismicity Generally, within the State, some level of seismic activity occurs on a regular basis. Periodically, the magnitude of a single seismic event can cause significant ground shaking and potential for damage to property located at or near the center of such seismic activity. Each of the Leased Facilities was designed to satisfy current State building code seismic standards as of the date of construction. The Sublease does not require the City to obtain earthquake insurance with respect to the Leased Facilities. See also “CERTAIN BONDOWNERS’ RISKS–Abatement” and “–Risk of Earthquake and Other Natural Disasters.” Vicinity Map A vicinity map indicating the location of the Leased Facility and the Series 2025 Projects appears on the next page. It is expected that upon completion of the Series 2025 Projects, Fire Station No. 12 and the 911 Emergency Call Center will be added as Leased Facilities under the Lease and the Sublease and Parking Garage No. 8 will be released therefrom. 22 [LEASED FACILITIES LOCATION MAP] 23 CERTAIN BONDOWNERS’ RISKS This section provides a general overview of certain risk factors which should be considered, in addition to the other matters set forth in this Official Statement, in evaluating an investment in the Series 2025 Bonds. This section is not meant to be a comprehensive or definitive discussion of the risks associated with an investment in the Series 2025 Bonds, and the order in which this information is presented does not necessarily reflect the relative importance of various risks. Potential investors in the Series 2025 Bonds are advised to consider the following factors, among others, and to review this entire Official Statement to obtain information essential to the making of an informed investment decision. Any one or more of the risk factors discussed below, among others, could lead to a decrease in the market value and/or in the secondary marketability of the Series 2025 Bonds. There can be no assurance that other risk factors not discussed herein will not become material in the future. Limited Obligation The Series 2025 Bonds are not City debt and are limited obligations of the Authority. Neither the full faith and credit nor the taxing power of the City, the State or any political subdivision thereof is pledged for the payment of the principal of or premium, if any, or interest on the Series 2025 Bonds or for the payment of Base Rental Payments. The Authority has no taxing power. The obligation of the City to make Base Rental Payments when due is an obligation payable from amounts in the General Fund of the City. The obligation of the City to make Base Rental Payments due under the Sublease does not constitute debt, liability, or obligation of the City for which the City is obligated to levy or pledge any form of taxation or for which the City has levied or pledged any form of taxation. Neither the Series 2025 Bonds nor the obligation of the City to make Base Rental Payments due under the Sublease constitute a debt or indebtedness of the Authority, the City, the State or any of its political subdivisions, within the meaning of any constitutional or statutory debt limitation or restrictions. Although the Sublease does not create a pledge, lien or encumbrance upon the funds of the City, the City covenants under the Sublease to include all Base Rental Payments and Additional Payments in its annual budgets and to make necessary annual appropriations for all such Base Rental Payments and Additional Payments. Base Rental Payments and Additional Payments are payable only from current funds which are budgeted and appropriated or otherwise legally available for the purpose of paying such amounts In the event that the City were to realize income and revenues for any Fiscal Year in an amount less than its aggregate obligations coming due and payable in such Fiscal Year (including its annual Base Rental Payment obligations), the City could have insufficient funds to pay the Base Rental Payments in full during such Fiscal Year. Valid and Binding Covenant to Budget and Appropriate Pursuant to the Sublease, the City covenants to take such action as may be necessary to include the Base Rental Payments due in its annual budgets and to make necessary appropriations for all such payments. Such covenants are deemed to be duties imposed by law, and it is the duty of the public officials of the City to take such action and do such things as are required by law in the performance of the official duty of such officials to enable the City to carry out and perform such covenants. A court, however, in its discretion may decline to enforce such covenants. Upon issuance of the Series 2025 Bonds, Bond Counsel will render its opinion (substantially in the form of APPENDIX D–“PROPOSED FORM OF OPINION OF BOND COUNSEL”) to the effect that, subject to the limitations and qualifications described therein, the Sublease constitutes a valid and binding obligation of the City. For a summary of the Authority’s practical realization of remedies upon default by the City under the Sublease, see “–Limited Recourse on Default.” 24 Dependence on the State for Certain Revenues Approximately [65%] of City General Fund revenues consist of payments collected by the State and passed through to local governments or collected by the County of Fresno (the “County”) and allocated to local governments by State law. The City is reviewing the Fiscal Year 2025-26 State Budget and has not yet determined what impacts it will have on the finances and operations of the City. Further, there may be significant subsequent impacts as a result of developing economic circumstances and whether the federal government provides additional funding to states and local governments. See APPENDIX A–“FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO–Financial Information–State Budgets. Base Rental Payments Not a Debt of the City The City is currently liable on other obligations payable from its General Fund revenues. The City has the capability to enter into other obligations which may constitute additional charges against its General Fund revenues. To the extent that additional obligations are incurred by the City, funds available to make Base Rental Payments may be decreased, and there can be no assurance that available funds will be sufficient to make Base Rental Payments. The obligation of the City under the Sublease to pay Base Rental Payments, which is subject to abatement, is in consideration for the beneficial use and possession of the Leased Facilities. See “SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 2025 BONDS–Abatement.” Failure by the City to observe and perform its covenants and agreements under the Sublease for a period of 30 days after written notice of such failure and request that it be remedied has been given to the City by the Authority or the Trustee, may become an event of default under the Sublease and would permit the Authority to pursue remedies at law or in equity to enforce such covenants and agreements. See APPENDIX A–“FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO–FINANCIAL INFORMATION–Long-Term General Fund Obligations–Lease Obligations.” City Financial Condition The City has identified a potential reduction or reduction in growth of local revenues, including as a result of an economic recession and increasing labor costs, including salaries and associated benefits and pension costs, as the two most significant factors that could adversely affect the City’s financial condition. While the City cannot predict the timing or extent of any economic slowdown or recession, the effect of such events can be expected to include decreases in major revenue sources such as property tax, sales tax, and room tax on lodging caused by weakened consumer demand and higher unemployment. Such reductions to the City’s major revenue sources could strain the City’s fiscal condition. See APPENDIX A– “FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO– FINANCIAL INFORMATION–Recent General Fund Budgets.” In addition, federal and State budget and immigration policies could impact conditions in the local economy and could have an adverse effect on the local economy and the City’s major revenue sources. For more information regarding the State’s financial condition, see APPENDIX A–“FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO–FINANCIAL INFORMATION–State Budgets.” The City cannot predict the timing of future economic downturns or what measures might be taken by the federal or State government to address future economic downturns and budgetary deficits. Accordingly, the City cannot predict the final outcome of future federal or State actions or the impact that such actions will have on the City’s finances and operations. 25 General. The financial condition of the City could affect the ability of the City to make base Rental Payments. Appendix A to this Official Statement sets forth financial, economic and demographic information related to the City. See also, APPENDIX B–“CITY OF FRESNO, CALIFORNIA, ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024.” Retirement Systems. The City maintains two separate retirement systems, the Employees Retirement System and the Police and Fire Retirement System. For information regarding these retirement systems under which the City is required to make contributions, see APPENDIX A–“FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION REGARDING THE CITY OF FRESNO–FINANCIAL INFORMATION–City Retirement Systems.” Defined benefit retirement plans, such as the City’s retirement plans, have the potential of developing unfunded liabilities. New unfunded liabilities may arise if, among other things, the investments in the Retirement Systems’ funds under-realize their assumed rates of return, if the City adopts retroactive benefit increases, if the City’s compensation rates exceed actuarial projections, and if the demographic experience varies from assumptions i.e. increases in longevity. Risk of Declines in Assessed Valuation Property tax levied against the assessed value of property within the City represents approximately 41.8% of General Fund revenues in the Fiscal Year 2025-26 Adopted Budget, and represented approximately 40.6% of General Fund revenues in the Fiscal Year 2024-25 (Revised Budget) and 39.3% in Fiscal Year 2023-24 (audited). Possible causes for a reduction in assessed values include temporary reductions under Proposition 8, discretionary reductions by the County Assessor, the complete or partial destruction of taxable property within the City caused by natural or manmade disasters, such as flood, fire, toxic dumping, acts of terrorism, etc., or reclassification of property to a class exempt from taxation, whether by ownership or use (such as exemptions for property owned by State and local agencies and property used for qualified educational, hospital, charitable or religious purposes). See APPENDIX A– “FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO– FINANCIAL INFORMATION–Assessed Valuation; Ad Valorem Property Tax–Assessed Valuation–Appeals to Assessed Valuation.” Any significant reduction in assessed value could have a material effect on General Fund revenues available to make Base Rental Payments on the 2025 Bonds. [Bond Insurance on the Series 2025 Bonds] [Payments under the Policies. If the Authority fails to pay the principal of and/or interest on the Series 2025 Bonds when due and payable, the Trustee, on behalf of the registered owners of such Series 2025A Bonds or the Series 2025B Bonds, will have a claim on the respective Policy for such payments. However, in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed under the Policy will be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration). The Policies do not insure the payment of any redemption premium payable upon the prepayment of the Series 2025 Bonds. Under no circumstances can the maturities of the Series 2025 Bonds be accelerated without the consent of the Bond Insurer, so long as the Bond Insurer performs its obligations under the Policy. Furthermore, so long as the Bond Insurer performs its obligations under the Policy, the Bond Insurer may direct, and must consent to, any remedies that the Trustee exercises under the Trust Agreement and the Bond Insurer’s consent may be required in connection with amendments to the Trust Agreement in addition to the consent of any owners of the Series 2025 Bonds. 26 In the event that the Bond Insurer is unable to make payments of principal of and interest on the Series 2025 Bonds as such payments become due, the Series 2025 Bonds are payable solely from moneys received by the Trustee pursuant to the Trust Agreement. In the event that the Bond Insurer is required to pay principal of or interest with respect to the Series 2025 Bonds, no representation or assurance is given or can be made that such event will not adversely affect the market price for or marketability of the Series 2025 Bonds.] Limited Recourse on Default General. The enforcement of remedies provided in the Sublease and the Trust Agreement could be both expensive and time consuming. Upon the occurrence of one of the “events of default” described below, the City will be deemed to be in default under the Sublease and the Authority may exercise any and all remedies available pursuant to law or granted pursuant to the Sublease. Upon any such default, including a failure to pay Base Rental Payments, the Authority may either (1) terminate such Sublease and seek to recover certain damages or (2) without terminating such Sublease, (i) continue to collect rent from the City on an annual basis by seeking a separate judgment each year for that year’s defaulted Base Rental Payments and/or (ii) re-enter the Leased Premises and re-let them. In the event of default, there is no right to accelerate the total Base Rental Payments due over the term of the Sublease, and the Trustee has no possessory interest in the Leased Facilities and is not empowered to sell such Leased Facilities. In addition, in the event the City adds Restricted Properties (as defined in the Sublease) to the Leased Facilities, the remedies with respect to such properties would not include re-entering and re-letting. See APPENDIX C–“FORMS OF THE PRINCIPAL LEGAL DOCUMENTS–MASTER FACILITIES SUBLEASE–Defaults and Remedies.” Events of default under the Sublease include: (i) the failure of the City to make any Base Rental Payment when the same become due and payable; (ii) the failure of the City to keep, observe or perform any other term, covenant or condition of the Sublease to be kept, observed or performed by the City for a period of 30 days after notice of the same has been given to the City by the Authority or the Trustee, or for such additional time as is reasonably required, in the sole discretion of the Trustee, to correct the same, but not to exceed 60 days; (iii) the City assigns or transfers its interest in the Sublease, either voluntarily or by operation of law or otherwise, without the written consent of the Authority; (iv) the filing of any petition or institution of any proceeding under any act or acts, federal or State, dealing with or relating to the subject or subjects of bankruptcy or insolvency, or under any amendment of such act or acts, either as a bankrupt, an insolvent, or a debtor, or in any similar capacity, wherein or whereby the City asks or seeks or prays to be adjudicated a bankrupt, or is to be discharged from any or all of its debts or obligations, or offers to its creditors to effect a composition or extension of time to pay its debts or asks, seeks or prays for reorganization or to effect a plan of reorganization, or for a readjustment of its debts, or for any other similar relief, or if any such petition or any such proceedings of the same or similar kind or character be filed or be instituted or taken against the City, or if a receiver of the business or of the property or assets of the City is appointed by any court, except a receiver appointed at the instance or request of the Authority, or if the City makes a general or any assignment for the benefit of the creditors of the City, or (v) the City abandons or vacates the Leased Facilities. Upon a default, the Trustee may elect to proceed against the City to recover damages pursuant to the Sublease. Any suit for money damages would be subject to statutory and judicial limitations on lessors’ remedies under real property leases, other terms of such Sublease and limitations on legal remedies against public agencies in the State, including a limitation on enforcement of judgments against funds needed to serve the public welfare and interest. In addition, due to the nature of many of the Leased Facilities as 27 designed expressly for municipal service purposes, amounts obtained from re-letting such Facilities could be substantially limited. Abatement The Base Rental Payments will be abated under the Sublease during any period in which due to damage or destruction (other than by condemnation) there is substantial interference with the City’s use and occupancy of the Leased Facilities. The amount of such abatement will be such that the resulting Base Rental Payments do not exceed the lesser of (i) the amount necessary to pay the originally scheduled principal and interest components of the Base Rental Payments remaining unpaid and (ii) the fair rental value for the use and possession of the Leased Facilities not so damaged or destroyed. Abatement will continue for the period commencing with the date of such damage or destruction and ending with the substantial completion of the repair or replacement of the Leased Facilities so damaged or destroyed. If a Leased Facility or less than the whole of a Leased Facility is taken under the power or threat of eminent domain and the remainder is usable for the purposes for which it was used by the City at the time of such taking, the rent due under the Sublease will be abated in an amount equivalent to the amount by which the annual payments of principal of and interest on the Bonds then Outstanding will be reduced by the application of the award in eminent domain to the redemption of Outstanding Bonds. Notwithstanding any provisions of the Sublease and the Trust Agreement specifying the extent of abatement in the event of eminent domain proceedings, such provisions may be superseded by operation of law, and in such event, the resulting Base Rental Payments of the City may not be sufficient to pay all of that portion of the remaining principal of and interest on the Series 2025 Bonds. In the event of any abatement, the City will have no obligation to pay abated Base Rental Payments from General Fund revenues or any other revenues of the City, and there is no remedy available to Bondowners arising from such abatement. It is not possible to predict the circumstances under which such an abatement of rental may occur. In addition, there is no statute, case or other law specifying how such an abatement of rental should be measured. For example, it is not clear whether fair rental value is established as of commencement of the lease or at the time of the abatement. If the latter, it may be that the value of the Leased Facilities is substantially higher or lower than its value at the time of the execution and delivery of the Series 2025 Bonds. Abatement, therefore, could have an uncertain and material adverse effect on the security for and payment of the Series 2025 Bonds. Developing Federal Immigration Enforcement Policies It is not possible for the City to make any representation regarding the extent to which federal immigration enforcement policies could cause reduced economic activity within the City or the extent to which it may have in the future on General Fund revenues of the City, however, the effects of such actions could be material. See APPENDIX A–“FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO–ECONOMIC AND DEMOGRAPHIC INFORMATION–Agriculture.” Risk of Earthquake and Other Natural Disasters Earthquake. There are several active geological faults in the State that have potential to cause serious earthquakes that could result in damage within the City and to the Leased Facilities, buildings, roads, bridges, and other property. 28 While the City is not located in any existing Alquist-Priolo special study zone delineated by the State Division of Mines and Geology as an area of known active faults, it is possible that new geological faults could be discovered in the area and that an earthquake occurring on such faults could result in damage of varying degrees of seriousness to property and infrastructure in the City, including the Leased Facilities. Any natural disaster or other physical calamity, including earthquake, may have the effect of damaging the Leased Facilities, triggering an abatement and/or adversely impacting the economy of the City and the surrounding area. There is no requirement under the Sublease that earthquake insurance with respect to the Leased Facilities be obtained. See “THE LEASED FACILITIES–Seismicity” and “SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 2025 BONDS–Insurance.” Flooding. In 2004 the U.S. Army Corps of Engineers (the “Corps of Engineers”) released and the Federal Emergency Management Agency, which administers the federal government’s flood insurance programs, approved a revised floodplain map indicating that while portions of the County are located within a 100-year floodplain (an area expected to be inundated during a flood event of the magnitude for which there is a 1% (or 1-in-100) probability of occurrence in any year), the City is not. The Fresno Metropolitan Flood District, a service agency created and supported by the City, the City of Clovis, and the County to provide flood control, urban storm drainage, and water resources management, attributes the reduced flood risk to the three dams and seven large detention basins that protect the Fresno/Clovis urban area, more than 700 miles of pipelines and more than 150 storm retention basis that divert excess water. The floodplain maps are updated periodically, and while the City is not currently located within a floodplain, the City can make no representation that future maps will not be revised to include the City within an area deemed subject to flooding. Wildfires. The State continues to battle devastating wildfires annually. According to recent research, California’s annual wildfire extent increased fivefold since the 1970’s. This trend is likely to continue, resulting in significant economic and public safety challenges for the State, the City, and the County. Climate change concerns are leading to new laws and regulations at the federal, State and local levels. Research suggests that the State will experience hotter and drier conditions, reductions in winter snow, and increases in winter rains, sea level rise, significant changes to the water cycle, increased occurrences of extreme and unpredictable weather events, and increased catastrophic wildfires and severity of flood events. The compound impacts of which will affect economic systems throughout the State, the County, and the City. The City is unable to predict the impact that such laws and regulations, if adopted, and the effects of climate change will have on the General Fund revenues available to make Base Rental Payments. However, the effects could be material. Drought. From 2012 through 2016, the State experienced “exceptional drought conditions” (the most severe drought classification) according to the U.S. Drought Monitor. Other notable historical droughts included 2007-09, 1987-92, 1976-77, and off-and-on dry conditions spanning more than a decade in the 1920s and 1930s. Droughts may cause public health and safety impacts, as well as economic and environmental impacts. Public health and safety impacts are primarily associated with catastrophic wildfire risks and drinking water shortage risks for small water systems in rural areas and private residential wells. Examples of other impacts include costs to homeowners due to loss of residential landscaping, degradation of urban environments due to loss of landscaping, agricultural land fallowing and associated job loss, degradation of fishery habitat, and tree mortality with damage to forest ecosystems. 29 In order to mitigate the effects of a future drought, in 2018 the City completed construction of a surface water treatment facility (the “SWTF”) in the southeast area of the City. The SWTF purifies water that is obtained though the City’s rights to water from the San Joaquin and Kings rivers. In a “normal” hydrological year, these rights give the City access to enough water to meet all of its residents’ water needs. The use of the SWTF to meet the daily and annual water needs of the City results in little (if any) water being pumped out of the ground, thereby recharging the underground aquifer that exists in the San Joaquin Valley. That aquifer is then used to meet water needs during a drought situation. It is not possible for the City to make any representation regarding the extent to which drought conditions could cause reduced economic activity within the City or the extent to which droughts may have in the future on General Fund revenues of the City, however, as a major agribusiness, crop processing, and shipping center within the San Joaquin Valley, the effect of prolonged drought conditions could be material. See APPENDIX A–“FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO–ECONOMIC AND DEMOGRAPHIC INFORMATION–Agriculture.” Climate Change General. The adoption by the State of the California Global Warming Solutions Act of 2006 (“Assembly Bill No. 32”) and subsequent companion bills demonstrate the commitment by the State to take action to reduce greenhouse gases (“GHG”) to 1990 levels by 2020 and to 80% below 1990 levels by 2050. The State Attorney General’s Office, in accordance with the terms of the Sustainable Communities and Climate Protection Act of 2008 requires local governments to examine local policies and large-scale planning efforts to determine how to reduce GHG emissions. Additionally, in 2016, the State adopted Senate Bill No. 32, which established a revised Statewide GHG emission reduction target of 40% below 1990 levels by 2030. The State’s 100 Percent Clean Energy Act of 2018 establishes targets for making the State’s power sources emissions free by December 31, 2045. Achieving that goal will require the State to increase its renewable energy portfolio as a source of electricity and will require utility companies, including those companies from whom the City may purchase energy, to source energy from renewable zero-carbon resources. City Climate Change Policy. Since the adoption by the City of its initial GHG plan in December 2014, several events affecting the initial GHG plan have occurred, including a decision by the California Supreme Court in 2015 on the Newhall Ranch Specific Plan holding, among other things, that consistency with the emissions-reduction goals contained in Assembly Bill No. 32 was an appropriate significant threshold for evaluating greenhouse gas emissions; adoption of Senate Bill No. 32; and adoption by the State of the 2017 Climate Change Scoping Plan, requiring quantitative summaries of the regulations needed to achieve the 2030 reduction target. The City of Fresno GHG Reduction Plan Update (the “Plan”), most recently updated in March 2021, re-evaluates the City’s existing GHG reduction targets and strategies, provides new goals and supporting measures to reflect and ensure compliance with changes in local and State policies and establishes a comprehensive framework for reducing GHG emissions in alignment with Statewide climate goals. The Plan is designed to ensure that growth and development within the City occurs in a manner that is environmentally responsible, economically sustainable, and compliant with State and federal regulations. The Plan integrates local strategies with State mandates, such as Assembly Bill No. 32, Senate Bill No. 32, and the 2017 Climate Change Scoping Plan, to address the challenges and opportunities associated with climate change. The key objectives of the Plan continue progress toward a 50% reduction in GHG below 1990 30 levels by 2020, in line with long-term State goals by 2035; support the State’s ultimate goal of reducing emissions 80% below 1990 levels by 2050; promote land use patterns and transportation systems that minimize emissions; encourage infill development, higher density, and mixed-use projects to reduce vehicle miles traveled (VMT); provide a clear, consistent process for new development to demonstrate compliance with GHG reduction requirements under CEQA; enable streamlined environmental review for projects consistent with the Plan, among other objectives. The City reported that it met the GHG reduction objective in the Plan requiring a 50% reduction below1990 levels by 2020. The Plan is intended to position the City to meet or exceed State-mandated climate goals, reduce exposure to regulatory risk, and access funding opportunities tied to sustainability performance. The Plan supports economic development by encouraging efficient, future-ready infrastructure and by streamlining the approval process for compliant projects. It also demonstrates the commitment of the City to environmental stewardship, public health, and resilience in the face of climate change. Cybersecurity The City, like many other public and private entities, relies on computer and other digital technology and systems to conduct its operations. The City and its departments are potentially subject to multiple cyber threats including, but not limited to, hacking, viruses, malware, ransomware, and other attacks on computers and other sensitive digital networks and systems. Entities or individuals may attempt to gain unauthorized access to City systems for the purposes of misappropriating assets or information or causing operational disruption or damage. The City has created a Cybersecurity Division within its Information Services Department, which is responsible for the identification of and protection of cyber threats, ransomeware, phishing, and viruses. The Cybersecurity Division has adopted security awareness training, incident response reporting protocols, business continuity planning, technical controls, and security policies, which are reviewed and updated periodically, to identify potential vulnerabilities and proactively mitigate them. The City maintains insurance coverage for cyber threat losses if a successful breach occurs, however, the City makes no representation that such insurance would be sufficient to cover all losses in the event of a material and sustained cyber breach. See APPENDIX A–“FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO–FINANCIAL INFORMATION–Risk Management.” No assurances can be given that the security and operational control measures of the City will be successful in guarding against any and each cyber threat and attack. The results of any attack on the computer and information technology systems of the City could have a material adverse impact on the operations and finances of the City and damage its digital networks and systems. The resulting impacts on the operations of the City and the costs of remedying any such damage could be material and result in a delay of payments of the Base Rental Payments or the ability of the City to timely comply with its reporting obligations under the Continuing Disclosure Certificate. Hazardous Substances In general, the owners and operators of real property may be required by law to remedy conditions of the property relating to releases or threatened releases of hazardous substances. The federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, sometimes referred to as “CERCLA” or the “Superfund Act,” is the most well-known and widely applicable of these laws, but State laws with regard to hazardous substances are also stringent and similar. Under many of these laws, the owner (or operator) of the property is obligated to remedy a hazardous substance condition whether or not the owner (or operator) has anything to do with creating or handling the hazardous substance. Further, such liabilities may arise not simply from the existence of a hazardous substance but from the method of handling it. All of these possibilities could significantly affect the finances of the City. 31 Further, it is possible that liabilities may arise in the future resulting from the existence, currently, on City owned property of a substance presently classified as hazardous but which has not been released or the release of which is not presently threatened, or may arise in the future resulting from the existence, currently, on the parcel of a substance not presently classified as hazardous but which may in the future be so classified. Such liabilities may arise not simply from the existence of a hazardous substance but from the method of handling it. Although the City handles, uses, and stores and will handle, use and store certain hazardous substances, including but not limited to, solvents, paints, certain other chemicals on or near the Leased Facilities, the City knows of no existing hazardous substances which require remedial action on or near the Leased Facilities. However, it is possible that such substances do currently or potentially exist and that the City is not aware of them. Insurance The Sublease obligates the City to obtain and keep in force various forms of insurance or self- insurance, subject to deductibles, for repair or replacement of the Leased Facilities in the event of damage or destruction. The City makes no representation as to the ability of any insurer to fulfill its obligations under any insurance policy provided for in the Sublease, and no assurance can be given as to the adequacy of any such insurance to fund necessary repairs or replacements or to pay principal of and interest on the Series 2025 Bonds when due. See “SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 2025 BONDS– Insurance.” Bankruptcy In addition to the limitation on remedies contained in the Trust Agreement, the rights and remedies provided in the Sublease and the Trust Agreement may be limited by and are subject to the provisions of federal bankruptcy laws and to other laws or equitable principles that may affect the enforcement of creditors’ rights. The City is a governmental unit and therefore cannot be the subject of an involuntary case under the United States Bankruptcy Code (the “Bankruptcy Code”). However, the City is a municipality and therefore may seek voluntary protection from its creditors pursuant to Chapter 9 of the Bankruptcy Code for purposes of adjusting its debts. If the City were to become a debtor under the Bankruptcy Code, the City would be entitled to all of the protective provisions of the Bankruptcy Code as applicable in a Chapter 9 case. Among the adverse effects of such a bankruptcy might be: (i) the application of the automatic stay provisions of the Bankruptcy Code, which, until relief is granted, would prevent collection of payments from the City or the commencement of any judicial or other action for the purpose of recovering or collecting a claim against the City and could prevent the Trustee from making payments from funds in its possession; (ii) the avoidance of preferential transfers occurring during the relevant period prior to the filing of a bankruptcy petition; (iii) the existence of unsecured or secured debt which may have a priority of payment superior to that of Owners of the Series 2025 Bonds; and (iv) the possibility of the adoption of a plan (an “Adjustment Plan”) for the adjustment of the City’s various obligations over the objections of the Trustee or all of the Owners of the Series 2025 Bonds and without their consent, which Adjustment Plan may restructure, delay, compromise or reduce the amount of any claim of the Owners if the Bankruptcy Court finds that such Adjustment Plan is “fair and equitable” and in the best interests of creditors. The adjustment of similar obligations was contested in federal bankruptcy court in connection with bankruptcy applications by the cities of San Bernardino and Stockton. Such litigation has been concluded by settlement of the parties. The Adjustment Plans in these cities, as confirmed by the respective courts, resulted in reductions or deferrals in the amounts payable by the cities under lease revenue obligations substantially identical to the Series 2025 Bonds. The City cannot predict the outcome of any California municipal bankruptcy case or any subsequent Adjustment Plan. 32 In addition, the City could either reject the Lease or the Sublease or assume the Lease or the Sublease despite any provision of the Lease or the Sublease that makes the bankruptcy or insolvency of the City an event of default thereunder. If the City rejects the Sublease, the Trustee, on behalf of the Owners of the Series 2025 Bonds, would have a pre-petition unsecured claim that may be substantially limited in amount, and this claim would be treated in a manner under an Adjustment Plan over the objections of the Trustee or Owners of the Series 2025 Bonds. Moreover, such rejection would terminate the Sublease and the City’s obligations to make payments thereunder. The City may also be permitted to assign the Sublease (or the Lease) to a third party, regardless of the terms of the transaction documents. If the City rejects the Lease, the Trustee, on behalf of the Owners of the Series 2025 Bonds, would have a pre-petition unsecured claim, and this claim would be treated in a manner under an Adjustment Plan over the objections of the Trustee or Owners of the Series 2025 Bonds. Moreover, such rejection may terminate both the Lease and the obligations of the City to make payments thereunder. The Authority is a public agency and, like the City, cannot be the subject of an involuntary case under the Bankruptcy Code. The Authority may also seek voluntary protection under Chapter 9 of the Bankruptcy Code. If the Authority were to become a debtor under the Bankruptcy Code, the Authority would be entitled to all of the protective provisions of the Bankruptcy Code as applicable in a Chapter 9 case. Such a bankruptcy could adversely affect the payments under the Sublease and the Trust Agreement. Among the adverse effects might be: (i) the application of the automatic stay provisions of the Bankruptcy Code, which, until relief is granted, would prevent collection of payments from the Authority or the commencement of any judicial or other action for the purpose of recovering or collecting a claim against the Authority and could prevent the Trustee from making payments from funds in its possession; (ii) the avoidance of preferential transfers occurring during the relevant period prior to the filing of a bankruptcy petition; (iii) the existence of unsecured or secured debt which may have priority of payment superior to that of the Owners of the Series 2025 Bonds; and (iv) the possibility of the adoption of an Adjustment Plan for the adjustment of the Authority’s various obligations over the objections of the Trustee or all of the Owners of the Series 2025 Bonds and without their consent, which Adjustment Plan may restructure, delay, compromise or reduce the amount of any claim of the Owners if the Bankruptcy Court finds that such Adjustment Plan is fair and equitable and in the best interests of creditors. In addition, in a bankruptcy of the Authority, the assignment by the Authority to the Trustee of the Lease and the Sublease could be characterized as a pledge rather than an absolute assignment. Under such circumstances, the Authority may be able to either reject the Lease or the Sublease or assume the Lease or the Sublease despite any provision of the Lease or the Sublease that makes the bankruptcy or insolvency of the Authority an event of default thereunder. If the Authority rejects the Lease, the Trustee, on behalf of the Owners of the Series 2025 Bonds, would have a pre-petition unsecured claim that may be substantially limited in amount and this claim would be treated in a manner under an Adjustment Plan over the objections of the Trustee or Owners of the Series 2025 Bonds. Moreover, such rejection would terminate both the Lease and the Sublease and the obligations of the City to make payments thereunder. If the Authority rejects the Sublease, the Trustee, on behalf of the Owners of the Series 2025 Bonds, would have a pre-petition unsecured claim and this claim would be treated in a manner under an Adjustment Plan over the objections of the Trustee or Owners of the Series 2025 Bonds. Moreover, such rejection may terminate the Sublease and the City’s obligations to make payments thereunder. The Authority may also be permitted to assign the Lease or the Sublease to a third party, regardless of the terms of the transaction documents. All legal opinions with respect to the enforcement of the Lease, the Sublease and the Trust Agreement will be expressly subject to a qualification that such agreements may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws affecting creditors’ rights generally and by applicable principles of equity if equitable remedies are sought. 33 If a bankruptcy case was commenced by either the Authority or the City, there may be delays in payments on the Series 2025 Bonds, and Owners could experience partial or total loss of their investment in the Series 2025 Bonds. The adjustment plans approved in connection with the bankruptcies of several California cities resulted in significant reductions in the amounts payable by those cities under their respective lease obligations. Regardless of any specific adverse determinations in a bankruptcy of the Authority or the City, a bankruptcy of the Authority or the City could have an adverse effect on the liquidity and value of the Series 2025 Bonds. Loss of Tax Exemption of Series 2025A Bonds As discussed under the caption “TAX MATTERS,” interest on the Series 2025A Bonds could become includable in gross income for purposes of federal income taxation retroactive to the date the Series 2025A Bonds were issued, as a result of future acts or omissions of the Authority or the City in violation of their covenants in the Trust Agreement and the Sublease, respectively. Changes in Law There can be no assurance that the electorate of the State will not at some future time adopt additional initiatives or that the Legislature will not enact legislation that will amend the laws or the Constitution of the State resulting in a reduction of the General Fund revenues of the City and consequently, having an adverse effect on the security for the Series 2025 Bonds. Secondary Markets and Prices The Underwriter will not be obligated to repurchase any of the Series 2025 Bonds, and no representation is made concerning the existence of any secondary market for the Series 2025 Bonds. No assurance can be given that any secondary market will develop following the completion of the offering of the Series 2025 Bonds, and no assurance can be given that the initial offering prices for the Series 2025 Bonds will continue for any period of time. CONSTITUTIONAL AND STATUTORY LIMITATIONS ON TAXES AND APPROPRIATIONS Article XIII A of the California Constitution On June 6, 1978, California voters approved an amendment (commonly known as both Proposition 13 and the Jarvis-Gann Initiative) to the California Constitution. This amendment, which added Article XIII A to the California Constitution, among other things affects the valuation of real property for the purpose of taxation in that it defines the full cash property value to mean “the county assessor’s valuation of real property as shown on the 1975-76 tax bill under “full cash value,” or thereafter, the appraised value of real property newly constructed, or when a change in ownership has occurred after the 1975 assessment.” The full cash value may be adjusted annually to reflect inflation at a rate not to exceed 2% per year, or a reduction in the consumer price index or comparable local data at a rate not to exceed 2% per year, or reduced in the event of declining property value caused by damage, destruction or other factors including a general economic downturn. The amendment further limits the amount of any ad valorem tax on real property to 1% of the full cash value except that additional taxes may be levied to pay debt service on indebtedness approved by the voters prior to July 1, 1978, and bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978 by two-thirds of the votes cast by the voters voting on the proposition. 34 Legislation enacted by the California Legislature to implement Article XIII A provides that all taxable property is shown at full assessed value as described above. In conformity with this procedure, all taxable property value included in this Official Statement (except as noted) is shown at 100% of assessed value and all general tax rates reflect the $1 per $100 of taxable value. Tax rates for voter approved bonded indebtedness and pension liability are also applied to 100% of assessed value. Future assessed valuation growth allowed under Article XIII A (new construction, change of ownership, 2% annual value growth) is allocated on the basis of “sites” among the jurisdictions that serve the tax rate area within which the growth occurs. Local agencies and school districts will share the growth of “base” revenue from the tax rate area. Each year’s growth allocation becomes part of each agency’s allocation the following year. The City is unable to predict the nature or magnitude of future revenue sources, which may be provided by the State to replace lost property tax revenues. Article XIII A effectively prohibits the levying of any other ad valorem property tax above the 1% limit except for taxes to support indebtedness approved by the voters as described above. The voters of the State subsequently approved various measures which further amended Article XIII A. One such amendment generally provides that the purchase or transfer of (i) real property between spouses or (ii) the principal residence and the first $1,000,000 of the Full Cash Value of other real property between parents and children, do not constitute a “purchase” or “change of ownership” triggering reappraisal under Article XIII A. Other amendments permitted the State Legislature to allow persons over the age of 55 who meet certain criteria or “severely disabled homeowners” who sell their residence and buy or build another of equal or lesser value within two years in the same county, to transfer the old residence’s assessed value to the new residence. Other amendments permit the State Legislature to allow persons who are either 55 years of age or older, or who are “severely disabled,” to transfer the old residence’s assessed value to their new residence located in either the same or a different county and acquired or newly constructed within two years of the sale of their old residence. In the November 1990 election, the voters approved an amendment of Article XIII A to permit the State Legislature to exclude from the definition of “new construction” certain additions and improvements, including seismic retrofitting improvements and improvements utilizing earthquake hazard mitigation technologies constructed or installed in existing buildings after November 6, 1990. Article XIII A has also been amended to provide that there would be no increase in the Full Cash Value base in the event of reconstruction of the property damaged or destroyed in a disaster. Section 51 of the Revenue and Taxation Code permits county assessors who have reduced the assessed valuation of a property as a result of natural disasters, economic downturns or other factors, to subsequently “recapture” such value (up to the pre-decline value of the property) at an annual rate higher than 2%, depending on the assessor’s measure of the restoration of value of the damaged property. The constitutionality of this process was challenged in a lawsuit filed in the Orange County Superior Court and in similar lawsuits brought in other counties on the basis that the decrease in assessed value creates a new “base year value” for purposes of Article XIII A and that subsequent increases in the assessed value of a property by more than 2% in a single year violate Article XIII A. In March 2004, the Court of Appeal held that the trial court erred in ruling that assessed value determinations are always limited to no more than 2% of the previous year’s assessed value and reversed the judgment of the trial court. The ruling of the Court of Appeal was appealed to the State Supreme Court which denied the appeal for review in August 2004. 35 Section 4 of Article XIII A also provides that cities, counties and special districts cannot, without a two-thirds vote of the qualified electors for initiatives placed on the ballot by governments and by a simple majority for initiatives placed on the ballot by voters, impose special taxes, which has been interpreted to include special fees in excess of the cost of providing the services or facility for which the fee is charged, or fees levied for general revenue purposes. Both the California State Supreme Court and the United States Supreme Court have upheld the validity of Article XIII A. Article XIII B of the California Constitution On November 6, 1979, California voters approved Proposition 4, the Gann Initiative, which added Article XIII B to the California Constitution. In June 1990, Article XIII B was amended by the voters through their approval of Proposition 111. Article XIII B of the California Constitution limits the annual appropriations of the State and any city, county, school district, authority or other political subdivision of the State to the level of appropriations for the prior fiscal year, as adjusted annually for changes in the cost of living, population and services rendered by the governmental entity. The “base year” for establishing such appropriation limit is fiscal year 1978-79. Increases in appropriations by a governmental entity are also permitted (1) if financial responsibility for providing services is transferred to the governmental entity, or (2) for emergencies so long as the appropriations limits for the three years following the emergency are reduced to prevent any aggregate increase above the Constitutional limit. Decreases are required where responsibility for providing services is transferred from the government entity. Appropriations subject to Article XIII B include generally any authorization to expend during the fiscal year the proceeds of taxes levied by the State or other entity of local government, exclusive of certain State subventions, refunds of taxes, benefit payments from retirement, unemployment insurance and disability insurance funds. Appropriations subject to limitation pursuant to Article XIII B do not include debt service on indebtedness existing or legally authorized as of January 1, 1979, on bonded indebtedness thereafter approved according to law by a vote of the electors of the issuing entity voting in an election for such purpose, appropriations required to comply with mandates of courts or the Federal government, appropriations for qualified outlay projects, and appropriations by the State of revenues derived from any increase in gasoline taxes and motor vehicle weight fees above January 1, 1990 levels. “Proceeds of taxes” include, but are not limited to, all tax revenues and the proceeds to any entity of government from (1) regulatory licenses, user charges, and user fees to the extent such proceeds exceed the cost of providing the service or regulation, (2) the investment of tax revenues and (3) certain State subventions received by local governments. As amended by Proposition 111, the appropriations limit is tested over consecutive two- year periods. Any excess of the aggregate “proceeds of taxes” received by the City over such two-year period above the combined appropriations limits for those two years is to be returned to taxpayers by reductions in tax rates or fee schedules over the subsequent two years. As amended in June 1990, the appropriations limit for the City in each year is based on the limit for the prior year, adjusted annually for changes in the costs of living and changes in population, and adjusted, where applicable, for transfer of financial responsibility of providing services to or from another unit of government. The change in the cost of living is, at the City’s option, either (1) the percentage change in California per capita personal income, or (2) the percentage change in the local assessment roll for the jurisdiction due to the addition of nonresidential new construction. The measurement of change in population is a blended average of statewide overall population growth, and change in attendance at local school and community college (“K-14”) districts. 36 Article XIII B permits any government entity to change the appropriations limit by vote of the electorate in conformity with statutory and Constitutional voting requirements, but any such voter-approved change can only be effective for a maximum of four years. The Article XIII B limits and the appropriations subject to limitation for the City for the last four Fiscal Years and budgeted for Fiscal Year 2025-26 are set forth below. Appropriations Subject Fiscal Year Article XIII B Limit to Limitation 2021-22 $703,261,565 $392,183,191 2022-23 757,794,893 531,293,316 2023-24 792,628,147 528,840,833 2024-25 827,152,667 527,157,122 2025-26† 887,816,838 516,404,189 _____________ † Budgeted. Source: City of Fresno. Proposition 218 General. On November 5, 1996, the voters of the State approved Proposition 218, known as the “Right to Vote on Taxes Act.” Proposition 218 added Articles XIII C and XIII D to the California Constitution, which contain a number of provisions affecting the ability of cities and counties to levy and collect both existing and future taxes, assessments, fees and charges. Article XIII C requires that all new local taxes be submitted to the electorate before they become effective. Taxes for general governmental purposes of the City require a majority vote and taxes for specific purposes, even if deposited in the City’s General Fund, require a two-thirds vote. The voter approval requirements of Proposition 218 reduce the flexibility of the City Council to raise revenues for the General Fund, and no assurance can be given that the City will be able to impose, extend or increase such taxes in the future to meet increased expenditure requirements. In addition, Article XIII D contains new provisions relating to how local agencies may levy and maintain “assessments” for municipal services and programs. “Assessment” is defined to mean any levy or charge upon real property for a special benefit conferred upon the real property. Article XIII D also contains several provisions affecting “fees” and “charges,” defined for purposes of Article XIII D to mean “any levy other than an ad valorem tax, a special tax, or an assessment, imposed by a local government upon a parcel or upon a person as an incident of property ownership, including a user fee or charge for a property related service.” All new and existing property related fees and charges must conform to requirements prohibiting, among other things, fees and charges which (i) generate revenues exceeding the funds required to provide the property related service, (ii) are used for any purpose other than those for which the fees and charges are imposed, (iii) are for a service not actually used by, or immediately available to, the owner of the property in question, or (iv) are used for general governmental services, including police, fire or library services, where the service is available to the public at large in substantially the same manner as it is to property owners. Further, before any property related fee or charge may be imposed or increased, written notice must be given to the record owner of each parcel of land affected by such fee or charge. The City must then hold a hearing upon the proposed imposition or increase, and if written protests against the proposal are presented by a majority of the owners of the identified parcels, the City may not impose or increase the fee or charge. Moreover, except for fees or charges for sewer, water and refuse collection services, or fees for electrical and gas service, which are not treated as “property related” for purposes of Article XIII D, no property related fee or charge may be imposed or 37 increased without majority approval by the property owners subject to the fee or charge or, at the option of the local agency, two-thirds voter approval by the electorate residing in the affected area. In addition to the provisions described above, Article XIII C removed many of the limitations on the initiative power in matters of reducing or repealing any local tax, assessment, fee or charge. No assurance can be given that the voters of the City will not, in the future, approve an initiative or initiatives which reduce or repeal local taxes, assessments, fees or charges currently comprising a substantial part of the City’s General Fund. “Assessment,” “fee” and “charge” are not defined in Article XIII C, and it is not clear whether the definitions of these terms in Article XIII D (which are generally property related as described above) would be applied to Article XIII C. If the Article XIII D definitions are not held to apply to Article XIII C, the initiative power could potentially apply to revenue sources which currently constitute a substantial portion of General Fund revenues. No assurance can be given that the voters of the City will not, in the future, approve initiatives which repeal, reduce or prohibit the future imposition or increase of local taxes, assessments, fees or charges. In addition, Proposition 218 added several requirements making it generally more difficult for counties and other local agencies to levy and maintain assessments for municipal services and programs. Finally, Proposition 218 requires that all new local taxes be submitted to the electorate before they become effective. Taxes for general government purposes of the City require a majority vote and taxes for specific purposes require a two-thirds vote. The voter approval requirements reduce the flexibility of the City Council to deal with fiscal problems by raising revenue and no assurance can be given that the City will be able to raise taxes in the future to meet increased expenditure requirements. The City does not expect the provisions of Proposition 218 to materially impede its ability to make Base Rental Payments when due. Proposition 1A The California Constitution and existing statutes give the legislature authority over property taxes, sales taxes and the VLF. The legislature has authority to change tax rates, the items subject to taxation and the distribution of tax revenues among local governments, schools, and community college districts. The State has used this authority for many purposes, including increasing funding for local services, reducing State costs, reducing taxation, addressing concerns regarding funding for particular local governments, and restructuring local finance. The California Constitution generally requires the State to reimburse the local governments when the State “mandates” a new local program or higher level of service. Due to the ongoing financial difficulties of the State, it has not provided in recent years reimbursements for many mandated costs. In other cases, the State has “suspended” mandates, eliminating both responsibility of the local governments for complying with the mandate and the need for State reimbursements. On November 3, 2004, the voters of the State approved Proposition 1A that amended the California Constitution to, among other things, reduce the State Legislature’s authority over local government revenue sources by placing restrictions on the State’s access to local government’s property, sales and vehicle license fee revenues. Proposition 1A generally prohibits the State from shifting to schools or community colleges any share of property tax revenues allocated to a county for any fiscal year under the laws in effect as of November 3, 2004. The measure also specifies that any change in how property tax revenues are shared among local governments within a county must be approved by two-thirds of both houses of the Legislature 38 (instead of by majority vote). Finally, the measure prohibits the State from reducing the property tax revenues provided to a county as replacement for the local sales tax revenues redirected to the State and pledged to pay debt service on State deficit-related bonds approved by voters in March 2004. If the State reduces the VLF rate below its current level of 0.65% of the vehicle value, Proposition 1A requires the State to provide local governments with equal replacement revenues. Proposition 1A provides two significant exceptions to the above restrictions regarding sales and property taxes. First, beginning in Fiscal Year 2008-09, the State may shift to schools and community colleges up to 8% of local government property tax revenues if: the Governor proclaims that the shift is needed due to a severe State financial hardship, the legislature approves the shift with a two-thirds vote of both houses and certain other conditions are met. The State must repay local governments for their property tax losses, with interest, within three years. Second, Proposition 1A allows the State to approve voluntary exchanges of local sales tax and property tax revenues among local governments within a county. Proposition 1A amends the California Constitution to require the State to suspend certain State laws creating mandates in any year that the State does not fully reimburse local governments for their costs to comply with the mandates. Beginning in Fiscal Year 2005-06, if the State does not provide funding for the activity that has been determined to be mandated, the requirement on cities, counties or special districts to abide by the mandate would be suspended. In addition, Proposition 1A expands the definition of what constitutes a mandate to encompass State action that transfers to cities, counties and special districts financial responsibility for a required program for which the State previously had complete or partial financial responsibility. This provision does not apply to mandates relating to schools or community colleges, or to those mandates relating to employee rights. Proposition 1A restricts the State’s authority to reallocate local tax revenues to address concerns regarding funding for specific local governments or to restructure local government finance. For example, the State could not enact measures that changed how local sales tax revenues are allocated to cities and counties. In addition, measures that reallocated property taxes among local governments in a county would require approval by two-thirds of the members of each house of the legislature (rather than a majority vote). As a result, Proposition 1A could result in fewer changes to local government revenues than otherwise would have been the case. Proposition 26 On November 2, 2010, voters in the State also approved Proposition 26. Proposition 26 amends Article XIIIC of the State Constitution to expand the definition of “tax” to include “any levy, charge, or exaction of any kind imposed by a local government” except the following: (1) a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege; (2) a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product; (3) a charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof; (4) a charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property; (5) a fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government, as a result of a violation of law; (6) a charge imposed as a condition of property development; and (7) assessments and property-related fees imposed in accordance with the provisions of Article XIIID. Proposition 26 provides that the local government bears the burden of proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in 39 which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity. The City does not expect the provisions of Proposition 26 to materially impede its ability to make Base Rental Payments when due. Future Initiatives Article XIII A, Article XIII B, Proposition 218 and Proposition 1A were each adopted as measures that qualified for the ballot pursuant to the State’s initiative process. From time to time, other initiative measures could be adopted, which may place further limitations on the ability of the State, the City or local districts to increase revenues or to increase appropriations which may affect the City’s revenues or its ability to expend its revenues. THE AUTHORITY The Authority was formed pursuant to the Act and a Joint Exercise of Powers Agreement, dated October 25, 1988, as amended (the “Joint Powers Agreement”), by and between the City and the Agency. For additional information concerning the City, see APPENDIX A–“FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO.” The Authority was formed to assist the City and the Agency in the financing of public capital improvements. The Authority functions as an independent entity and its policies are determined by a three-member Board appointed by the City Manager of the City, who serve at the pleasure of the City Manager until replaced. The Board elects the Chairperson from its membership. The Controller of the City presently serves as Treasurer and Controller of the Authority. Pursuant to the Joint Powers Agreement, a Secretary of the Authority is appointed by resolution. The Authority has no employees and the City staff or consultants perform all staff work. Under the Joint Powers Agreement, the Authority is empowered to assist in the financing of public capital improvements, through the issuance of revenue bonds in accordance with the Act. To exercise these powers, the Authority is authorized, in its own name, to do all necessary acts including but not limited to any or all of the following: make and enter into contracts; employ agents and employees; and sue or be sued in its own name. THE CITY The City, the county seat of the County, was incorporated in 1885. As of January 1, 2020, the State Department of Finance estimated that the population of the City was approximately 546,000. The City covers approximately 111 square miles, and is located in central California approximately 184 miles southeast of the City of San Francisco and approximately 219 miles north of the City of Los Angeles. For general information concerning the City, see APPENDIX A–“FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO.” 40 FINANCIAL STATEMENTS The financial statements of the City for the Fiscal Year ended June 30, 2024, included in APPENDIX A of this Official Statement have been audited by The Pun Group, LLP (the “Auditor”). The audited financial statements have been included in this Official Statement in reliance upon the report of the Auditor. The Auditor has not undertaken to update the audited financial statements of the City or its report or to take any action intended or likely to elicit information concerning the accuracy, completeness or fairness of the statements made in this Official Statement. The City is not required to obtain, and has not sought or obtained, the consent of the Auditor to include the audited financial statements in this Official Statement. NO LITIGATION There is no controversy or litigation of any nature now pending or threatened restraining or enjoining the execution and delivery of the Trust Agreement, the Series 2025 Bonds, the Master Lease, or the Sublease or in any way contesting or affecting the validity of the Series 2025 Bonds or any proceedings of the Authority or the City taken with respect to the issuance thereof. In addition, there is no litigation pending or threatened against the Authority or the City which, in the opinion of the City Attorney, would materially affect the validity of the Trust Agreement, the Sublease or the Lease. The City is engaged in routine litigation incidental to the conduct of its affairs. In the opinion of the City Attorney, the aggregate amounts recoverable against the City, taking into account insurance coverage, would not have a material adverse impact upon the financial condition of the City. TAX MATTERS In the opinion of Orrick, Herrington & Sutcliffe LLP, Bond Counsel to the Authority (“Bond Counsel”), based upon an analysis of existing laws, regulations, rulings and court decisions, and assuming, among other matters, the accuracy of certain representations and compliance with certain covenants, interest on the Series 2025A Bonds is excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986 (the “Code”). Bond Counsel is of the further opinion that interest on the Series 2025A Bonds is not a specific preference item for purposes of the federal individual alternative minimum tax. Bond Counsel observes that interest on the Series 2025A Bonds included in adjusted financial statement income of certain corporations is not excluded from the federal corporate alternative minimum tax. Bond Counsel observes that interest on the Series 2025B Bonds is not excluded from gross income for federal income tax purposes pursuant to Section 103 of the Code. Bond Counsel is also of the opinion that interest on the Series 2025 Bonds is exempt from State of California personal income taxes. Bond Counsel expresses no opinion regarding any other tax consequences related to the ownership or disposition of, or the amount, accrual or receipt of interest on, the Series 2025 Bonds. A complete copy of the proposed form of opinion of Bond Counsel is set forth in Appendix D hereto. Series 2025A Bonds To the extent the issue price of any maturity of the Series 2025A Bonds is less than the amount to be paid at maturity of such Series 2025A Bonds (excluding amounts stated to be interest and payable at least annually over the term of such Series 2025A Bonds), the difference constitutes “original issue 41 discount,” the accrual of which, to the extent properly allocable to each Beneficial Owner thereof, is treated as interest on the Series 2025A Bonds which is excluded from gross income for federal income tax purposes and exempt from State of California personal income taxes. For this purpose, the issue price of a particular maturity of the Series 2025A Bonds is the first price at which a substantial amount of such maturity of the Series 2025A Bonds is sold to the public (excluding bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters, placement agents or wholesalers). The original issue discount with respect to any maturity of the Series 2025A Bonds accrues daily over the term to maturity of such Series 2025A Bonds on the basis of a constant interest rate compounded semiannually (with straight- line interpolations between compounding dates). The accruing original issue discount is added to the adjusted basis of such Series 2025A Bonds to determine taxable gain or loss upon disposition (including sale, redemption, or payment on maturity) of such Series 2025A Bonds. Beneficial Owners of the Series 2025A Bonds should consult their own tax advisors with respect to the tax consequences of ownership of Series 2025A Bonds with original issue discount, including the treatment of Beneficial Owners who do not purchase such Series 2025A Bonds in the original offering to the public at the first price at which a substantial amount of such Series 2025A Bonds is sold to the public. Series 2025A Bonds purchased, whether at original issuance or otherwise, for an amount higher than their principal amount payable at maturity (or, in some cases, at their earlier call date) (“Premium Bonds”) will be treated as having amortizable bond premium. No deduction is allowable for the amortizable bond premium in the case of bonds, like the Premium Bonds, the interest on which is excluded from gross income for federal income tax purposes. However, the amount of tax-exempt interest received, and a Beneficial Owner’s basis in a Premium Bond, will be reduced by the amount of amortizable bond premium properly allocable to such Beneficial Owner. Beneficial Owners of Premium Bonds should consult their own tax advisors with respect to the proper treatment of amortizable bond premium in their particular circumstances. The Code imposes various restrictions, conditions and requirements relating to the exclusion from gross income for federal income tax purposes of interest on obligations such as the Series 2025A Bonds. The Authority has made certain representations and covenanted to comply with certain restrictions, conditions and requirements designed to ensure that interest on the Series 2025A Bonds will not be included in federal gross income. Inaccuracy of these representations or failure to comply with these covenants may result in interest on the Series 2025A Bonds being included in gross income for federal income tax purposes, possibly from the date of original issuance of the Series 2025A Bonds. The opinion of Bond Counsel assumes the accuracy of these representations and compliance with these covenants. Bond Counsel has not undertaken to determine (or to inform any person), whether any actions taken (or not taken), or events occurring (or not occurring), or any other matters coming to Bond Counsel’s attention after the date of issuance of the Series 2025A Bonds may adversely affect the value of, or the tax status of interest on, the Series 2025A Bonds. Accordingly, the opinion of Bond Counsel is not intended to, and may not, be relied upon in connection with any such actions, events or matters. Although Bond Counsel is of the opinion that interest on the Series 2025A Bonds is excluded from gross income for federal income tax purposes and is exempt from State of California personal income taxes, the ownership or disposition of, or the accrual or receipt of amounts treated as interest on, the Series 2025A Bonds may otherwise affect a Beneficial Owner’s federal, state or local tax liability. The nature and extent of these other tax consequences depends upon the particular tax status of the Beneficial Owner or the Beneficial Owner’s other items of income or deduction. Bond Counsel expresses no opinion regarding any such other tax consequences. Current and future legislative proposals, if enacted into law, clarification of the Code or court decisions may cause interest on the Series 2025A Bonds to be subject, directly or indirectly, in whole or in part, to federal income taxation or to be subject to or exempted from state income taxation, or otherwise 42 prevent Beneficial Owners from realizing the full current benefit of the tax status of such interest. The introduction or enactment of any such legislative proposals or clarification of the Code or court decisions may also affect, perhaps significantly, the market price for, or marketability of, the Series 2025A Bonds. Prospective purchasers of the Series 2025A Bonds should consult their own tax advisors regarding the potential impact of any pending or proposed federal or state tax legislation, regulations or litigation, as to which Bond Counsel expresses no opinion. The opinion of Bond Counsel is based on current legal authority, covers certain matters not directly addressed by such authorities, and represents Bond Counsel’s judgment as to the proper treatment of the Series 2025A Bonds for federal income tax purposes. It is not binding on the Internal Revenue Service (“IRS”) or the courts. Furthermore, Bond Counsel cannot give and has not given any opinion or assurance about the future activities of the Authority, or about the effect of future changes in the Code, the applicable regulations, the interpretation thereof or the enforcement thereof by the IRS. The Authority has covenanted, however, to comply with the requirements of the Code. Bond Counsel’s engagement with respect to the Series 2025A Bonds ends with the issuance of the Series 2025A Bonds, and, unless separately engaged, Bond Counsel is not obligated to defend the Authority or the Beneficial Owners regarding the tax-exempt status of the Series 2025A Bonds in the event of an audit examination by the IRS. Under current procedures, Beneficial Owners would have little, if any, right to participate in the audit examination process. Moreover, because achieving judicial review in connection with an audit examination of tax-exempt bonds is difficult, obtaining an independent review of IRS positions with which the Authority legitimately disagrees may not be practicable. Any action of the IRS, including but not limited to selection of the Series 2025A Bonds for audit, or the course or result of such audit, or an audit of bonds presenting similar tax issues may affect the market price for, or the marketability of, the Series 2025A Bonds, and may cause the Authority or the Beneficial Owners to incur significant expense. Payments on the Series 2025A Bonds generally will be subject to U.S. information reporting and possibly to “backup withholding.” Under Section 3406 of the Code and applicable U.S. Treasury Regulations issued thereunder, a non-corporate Beneficial Owner of Series 2025A Bonds may be subject to backup withholding with respect to “reportable payments,” which include interest paid on the Series 2025A Bonds and the gross proceeds of a sale, exchange, redemption, retirement or other disposition of the Series 2025A Bonds. The payor will be required to deduct and withhold the prescribed amounts if (i) the payee fails to furnish a U.S. taxpayer identification number (“TIN”) to the payor in the manner required, (ii) the IRS notifies the payor that the TIN furnished by the payee is incorrect, (iii) there has been a “notified payee underreporting” described in Section 3406(c) of the Code or (iv) the payee fails to certify under penalty of perjury that the payee is not subject to withholding under Section 3406(a)(1)(C) of the Code. Amounts withheld under the backup withholding rules may be refunded or credited against a Beneficial Owner’s federal income tax liability, if any, provided that the required information is timely furnished to the IRS. Certain Beneficial Owners (including among others, corporations and certain tax-exempt organizations) are not subject to backup withholding. The failure to comply with the backup withholding rules may result in the imposition of penalties by the IRS. Series 2025B Bonds The following discussion summarizes certain U.S. federal income tax considerations generally applicable to U.S. Holders (as defined below) of the Series 2025B Bonds that acquire their Series 2025B Bonds in the initial offering. The discussion below is based upon laws, regulations, rulings, and decisions in effect and available on the date hereof, all of which are subject to change, possibly with retroactive effect. Prospective investors should note that no rulings have been or are expected to be sought from the U.S. Internal Revenue Service (the “IRS”) with respect to any of the U.S. federal income tax considerations 43 discussed below, and no assurance can be given that the IRS will not take contrary positions. Further, the following discussion does not deal with U.S. tax consequences applicable to any given investor, nor does it address the U.S. tax considerations applicable to all categories of investors, some of which may be subject to special taxing rules (regardless of whether or not such investors constitute U.S. Holders), such as certain U.S. expatriates, banks, REITs, RICs, insurance companies, tax-exempt organizations, dealers or traders in securities or currencies, partnerships, S corporations, estates and trusts, investors that hold their Series 2025B Bonds as part of a hedge, straddle or an integrated or conversion transaction, investors whose “functional currency” is not the U.S. dollar, or certain taxpayers that are required to prepare certified financial statements or file financial statements with certain regulatory or governmental agencies. Furthermore, it does not address (i) alternative minimum tax consequences, (ii) the net investment income tax imposed under Section 1411 of the Code, or (iii) the indirect effects on persons who hold equity interests in a holder. This summary also does not consider the taxation of the Series 2025B Bonds under state, local or non-U.S. tax laws. In addition, this summary generally is limited to U.S. tax considerations applicable to investors that acquire their Series 2025B Bonds pursuant to this offering for the issue price that is applicable to such Series 2025B Bonds (i.e., the price at which a substantial amount of the Series 2025B Bonds are sold to the public) and who will hold their Series 2025B Bonds as “capital assets” within the meaning of Section 1221 of the Code. The following discussion does not address tax considerations applicable to any investors in the Series 2025B Bonds other than investors that are U.S. Holders. As used herein, “U.S. Holder” means a beneficial owner of a Series 2025B Bond that for U.S. federal income tax purposes is an individual citizen or resident of the United States, a corporation or other entity taxable as a corporation created or organized in or under the laws of the United States or any state thereof (including the District of Columbia), an estate the income of which is subject to U.S. federal income taxation regardless of its source or a trust where a court within the United States is able to exercise primary supervision over the administration of the trust and one or more United States persons (as defined in the Code) have the authority to control all substantial decisions of the trust (or a trust that has made a valid election under U.S. Treasury Regulations to be treated as a domestic trust). If a partnership holds Series 2025B Bonds, the tax treatment of such partnership or a partner in such partnership generally will depend upon the status of the partner and upon the activities of the partnership. Partnerships holding Series 2025B Bonds, and partners in such partnerships, should consult their own tax advisors regarding the tax consequences of an investment in the Series 2025B Bonds (including their status as U.S. Holders). Prospective investors should consult their own tax advisors in determining the U.S. federal, state, local or non-U.S. tax consequences to them from the purchase, ownership and disposition of the Series 2025B Bonds in light of their particular circumstances. U.S. Holders Interest. Interest on the Series 2025B Bonds generally will be taxable to a U.S. Holder as ordinary interest income at the time such amounts are accrued or received, in accordance with the U.S. Holder’s method of accounting for U.S. federal income tax purposes. [To the extent that the issue price of any maturity of the Series 2025B Bonds is less than the amount to be paid at maturity of such Series 2025B Bonds (excluding amounts stated to be interest and payable at least annually over the term of such Series 2025B Bonds) by more than a de minimis amount, the difference may constitute original issue discount (“OID”). U.S. Holders of Series 2025B Bonds will be required to include OID in income for U.S. federal income tax purposes as it accrues, in accordance with a constant yield method based on a compounding of interest (which may be before the receipt of cash payments attributable to such income). Under this method, U.S. Holders generally will be required to include in income increasingly greater amounts of OID in successive accrual periods.] 44 Series 2025B Bonds purchased for an amount in excess of the principal amount payable at maturity (or, in some cases, at their earlier call date) will be treated as issued at a premium. A U.S. Holder of a Series 2025B Bond issued at a premium may make an election, applicable to all debt securities purchased at a premium by such U.S. Holder, to amortize such premium, using a constant yield method over the term of such Series 2025B Bond. Sale or Other Taxable Disposition of the Series 2025B Bonds. Unless a nonrecognition provision of the Code applies, the sale, exchange, redemption, retirement (including pursuant to an offer by the Authority) or other disposition of a Series 2025B Bond will be a taxable event for U.S. federal income tax purposes. In such event, in general, a U.S. Holder of a Series 2025B Bond will recognize gain or loss equal to the difference between (i) the amount of cash plus the fair market value of property received (except to the extent attributable to accrued but unpaid interest on the Series 2025B Bond, which will be taxed in the manner described above) and (ii) the U.S. Holder’s adjusted U.S. federal income tax basis in the Series 2025B Bond (generally, the purchase price paid by the U.S. Holder for the Series 2025B Bond, decreased by any amortized premium[, and increased by the amount of any OID previously included in income by such U.S. Holder with respect to such Series 2025B Bond]). Any such gain or loss generally will be capital gain or loss. In the case of a non-corporate U.S. Holder of the Series 2025B Bonds, the maximum marginal U.S. federal income tax rate applicable to any such gain will be lower than the maximum marginal U.S. federal income tax rate applicable to ordinary income if such U.S. holder’s holding period for the Series 2025B Bonds exceeds one year. The deductibility of capital losses is subject to limitations. Defeasance of the Series 2025B Bonds. If the Authority defeases any Series 2025B Bond, the Series 2025B Bond may be deemed to be retired and “reissued” for U.S. federal income tax purposes as a result of the defeasance. In that event, in general, a holder will recognize taxable gain or loss equal to the difference between (i) the amount realized from the deemed sale, exchange or retirement (less any accrued qualified stated interest which will be taxable as such) and (ii) the holder’s adjusted U.S. federal income tax basis in the Series 2025B Bond. Information Reporting and Backup Withholding. Payments on the Series 2025B Bonds generally will be subject to U.S. information reporting and possibly to “backup withholding.” Under Section 3406 of the Code and applicable U.S. Treasury Regulations issued thereunder, a non-corporate Beneficial Owner of Series 2025B Bonds may be subject to backup withholding with respect to “reportable payments,” which include interest paid on the Series 2025B Bonds and the gross proceeds of a sale, exchange, redemption, retirement or other disposition of the Series 2025B Bonds. The payor will be required to deduct and withhold the prescribed amounts if (i) the payee fails to furnish a U.S. taxpayer identification number (“TIN”) to the payor in the manner required, (ii) the IRS notifies the payor that the TIN furnished by the payee is incorrect, (iii) there has been a “notified payee underreporting” described in Section 3406(c) of the Code or (iv) the payee fails to certify under penalty of perjury that the payee is not subject to withholding under Section 3406(a)(1)(C) of the Code. Amounts withheld under the backup withholding rules may be refunded or credited against a Beneficial Owner’s federal income tax liability, if any, provided that the required information is timely furnished to the IRS. Certain Beneficial Owners (including among others, corporations and certain tax-exempt organizations) are not subject to backup withholding. The failure to comply with the backup withholding rules may result in the imposition of penalties by the IRS. Foreign Account Tax Compliance Act (“FATCA”) Sections 1471 through 1474 of the Code impose a 30% withholding tax on certain types of payments made to foreign financial institutions, unless the foreign financial institution enters into an agreement with the U.S. Treasury to, among other things, undertake to identify accounts held by certain U.S. persons or U.S.-owned entities, annually report certain information about such accounts, and withhold 30% on payments to account holders whose actions prevent it from complying with these and other 45 reporting requirements, or unless the foreign financial institution is otherwise exempt from those requirements. In addition, FATCA imposes a 30% withholding tax on the same types of payments to a non-financial foreign entity unless the entity certifies that it does not have any substantial U.S. owners or the entity furnishes identifying information regarding each substantial U.S. owner. Under current guidance, failure to comply with the additional certification, information reporting and other specified requirements imposed under FATCA could result in the 30% withholding tax being imposed on payments of interest on the Bonds. In general, withholding under FATCA currently applies to payments of U.S. source interest (including OID) and, under current guidance, will apply to certain “passthru” payments no earlier than the date that is two years after publication of final U.S. Treasury Regulations defining the term “foreign passthru payments.” Prospective investors should consult their own tax advisors regarding FATCA and its effect on them. The foregoing summary is included herein for general information only and does not discuss all aspects of U.S. federal taxation that may be relevant to a particular holder of Series 2025B Bonds in light of the holder’s particular circumstances and income tax situation. Prospective investors are urged to consult their own tax advisors as to any tax consequences to them from the purchase, ownership and disposition of Series 2025B Bonds, including the application and effect of state, local, non-U.S., and other tax laws. CERTAIN LEGAL MATTERS The validity of the Series 2025 Bonds and certain other legal matters are subject to the approving opinion of Orrick, Herrington & Sutcliffe LLP, Bond Counsel. A complete copy of the proposed form of Bond Counsel opinion is attached hereto as APPENDIX D. Bond Counsel undertakes no responsibility for the accuracy, completeness or fairness of this Official Statement. Certain legal matters will be passed upon for the Authority and the City by the City Attorney of the City and for the City and the Authority by ArentFox Schiff LLP, San Francisco, California, as Disclosure Counsel. Anzel Galvan LLP, San Francisco, California is serving as counsel to the Underwriter. Payment of the fees of Bond Counsel, Disclosure Counsel, and Underwriter’s Counsel is contingent upon sale and delivery of the Series 2025 Bonds. RATINGS S&P Global Ratings (“S&P”) is expected to assign its municipal bond rating of “__” to the Insured Series 2025 Bonds with the understanding that upon delivery of the Insured Series 2025 Bonds, the Policy will be delivered by the Bond Insurer. See “BOND INSURANCE” and APPENDIX G–“SPECIMEN MUNICIPAL BOND INSURANCE POLICY.” S&P has assigned uninsured rating of “__” to the Series 2025 Bonds. Such ratings were based in part upon information provided by the Authority and the City. A rating reflects only the view of the agency giving such rating and is not a recommendation to buy, sell or hold the Series 2025 Bonds. An explanation of the significance of each rating may be obtained from the rating agencies at the following addresses: S&P Global Services, 55 Water Street, New York, New York 10041. There is no assurance that the ratings will be retained for any given period of time or that the same will not be revised downward or withdrawn entirely by either rating agency if, in its judgment, circumstances so warrant. The Authority undertakes no responsibility to oppose any such revision or withdrawal but the Authority will comply with notification requirements. Any such downward revision or withdrawal of such ratings, or either of them, may have an adverse effect on the market price of the Series 2025 Bonds. 46 UNDERWRITING Pursuant to the terms of a Bond Purchase Agreement with respect to the Series 2025 Bonds, dated ________, 2025 (the “Purchase Agreement”), by and among the Authority, the City, and Loop Capital Markets LLC (the “Underwriter”), the Underwriter will purchase all of the Series 2025 Bonds, if any are purchased. The obligation of the Underwriter to make such purchase is subject to the terms and conditions set forth in the Purchase Agreement. The Underwriter purchased the Series 2025A Bonds at a price of $_________ (which represents the aggregate principal amount of the Series 2025A Bonds plus an aggregate original issue premium in the amount of $_________ and less an aggregate Underwriter’s discount in the amount of $_________). The Underwriter purchased the Series 2025B Bonds at a price of $_________ (which represents the aggregate principal amount of the Series 2025B Bonds less an aggregate Underwriter’s discount in the amount of $_________). The Underwriter may change the initial public offering prices and yields set forth on the inside cover pages of this Official Statement. The Underwriter may offer and sell the Series 2025 Bonds to certain dealers and others at prices lower or yields higher than the public offering prices and yields set forth on the inside cover pages hereof. MUNICIPAL ADVISOR KNN Public Finance, LLC, Berkeley, California, has served as Municipal Advisor to the Authority and the City with respect to the issuance and sale of the Series 2025 Bonds. The Municipal Advisor has assisted the Authority and the City in the review of this Official Statement and in other matters relating to the planning, structuring, execution and delivery of the Series 2025 Bonds. The Municipal Advisor has not independently verified any of the data contained herein or conducted a detailed investigation of the affairs of the Authority or the City to determine the accuracy or completeness of this Official Statement. Due to its limited participation, the Municipal Advisor assumes no responsibility for the accuracy or completeness of any of the information contained herein. The Municipal Advisor will receive compensation from the Authority contingent upon the sale and delivery of the Series 2025 Bonds. CONTINUING DISCLOSURE The City has covenanted for the benefit of the Owners and Beneficial Owners to provide certain financial information and operating data for each Fiscal Year not later than March 31 of each year (or the next succeeding business day, if such day is not a business day), commencing March 31, 2026 (each, an “Annual Report”) and notices of the occurrence of certain specified events. The Annual Reports and the notices of the occurrence of certain specified events will be filed with the Municipal Securities Rulemaking Board (the “MSRB”) through its Electronic Municipal Market Access site (“EMMA”). The specific nature of the information to be contained in the Annual Reports and the notices of specified events is set forth in APPENDIX E–“FORM OF CONTINUING DISCLOSURE CERTIFICATE.” These covenants have been made in order to assist the Underwriter in complying with Section (b)(5) of Rule 15c2- 12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (“Rule 15c2-12”). 47 In the last five years, the City failed to file a notice of failure to file the Fiscal Year 2024-25 budget, as required by the respective continuing disclosure undertakings, in connection with the following bonds: • Lease Revenue Bonds (Master Lease Projects), Series 2020A • Lease Revenue Bonds (Master Lease Projects), Series 2017A • Lease Revenue Bonds (Various Capital Projects), Series 2004A. Series 2004B, and 2004C (Federally Taxable) The City made remedial filings on EMMA with respect to these bonds on June 26, 2025 and August 5, 2025. The City has a disclosure policy under which an official within the Finance Department (the “Disclosure Official”) undertakes all responsibility for continuing disclosure. The City retains the services of an outside disclosure consultant to prepare and, following review by the Disclosure Official, file on EMMA the City’s Annual Report. The Disclosure Official prepares and files on EMMA notices of specified events and consults with the City’s disclosure consultant and/or disclosure counsel, as such person deems appropriate, to prepare such notices. Following each filing on EMMA, the Disclosure Official verifies on EMMA that such filing was appropriately posted. (Remainder of this Page Intentionally Left Blank) 48 MISCELLANEOUS Brief descriptions of the Series 2025 Bonds, the Trust Agreement, the Sublease, the Lease, the Series 2025 Projects, the Leased Facilities, the Authority, and the City are included in this Official Statement. The summaries of and references to all documents, entities, statutes, reports and other instruments referred to herein do not purport to be complete, comprehensive or definitive, and each such summary and reference is qualified in its entirety by reference to such document, statute, report or instrument, copies of which are available for inspection at the administrative offices of the City. All data contained herein have been taken or constructed from City records and other sources. Appropriate City officials, acting in their official capacity, have reviewed this Official Statement and have determined that as of the date hereof the information contained herein is, to the best of their knowledge and belief, true and correct in all material respects and does not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made herein, in the light of the circumstances under which they are made, not misleading. Authorized officers of the Authority and the City will execute certificates to this effect upon delivery of the Series 2025 Bonds. This Official Statement and its distribution have been duly authorized and approved by the Authority and the City. FRESNO JOINT POWERS FINANCING AUTHORITY By: Jerry P. Dyer, Chair CITY OF FRESNO By: Santino Danisi, Finance Director/City Controller A-i APPENDIX A FINANCIAL, ECONOMIC AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF FRESNO TABLE OF CONTENTS Page FINANCIAL INFORMATION ................................................................................................................ A-1 Impact of COVID-19 .......................................................................................................................... A-1 Budget Process ................................................................................................................................... A-2 Recent General Fund Budgets ............................................................................................................ A-2 Financial Statements ........................................................................................................................... A-4 State Budgets ...................................................................................................................................... A-8 Principal Sources of General Fund Revenues .................................................................................... A-8 Assessed Valuation and Ad Valorem Property Taxation ................................................................. A-10 Sales Tax .......................................................................................................................................... A-16 Charges for Services ......................................................................................................................... A-17 Fiscal Management Policies ............................................................................................................. A-18 Risk Management ............................................................................................................................. A-20 Anticipated Capital Projects and Funding Relations ........................................................................ A-21 Measure C......................................................................................................................................... A-23 Measure P ......................................................................................................................................... A-23 Employer-Employee Relations ......................................................................................................... A-24 Health and Benefit Plan .................................................................................................................... A-24 City Retirement Systems .................................................................................................................. A-25 Other Post-Employment Benefits ..................................................................................................... A-36 Long-Term General Fund Obligations ............................................................................................. A-38 Direct and Overlapping Debt ............................................................................................................ A-40 Future Financings ............................................................................................................................. A-41 ECONOMIC AND DEMOGRAPHIC INFORMATION ...................................................................... A-41 Overview .......................................................................................................................................... A-41 City Government .............................................................................................................................. A-42 Population ......................................................................................................................................... A-43 Employment ..................................................................................................................................... A-44 Principal Employers ......................................................................................................................... A-45 Agriculture........................................................................................................................................ A-46 Personal Income ............................................................................................................................... A-46 Construction Activity ....................................................................................................................... A-49 Commercial Activity ........................................................................................................................ A-51 Transportation .................................................................................................................................. A-51 Education and Community Services ............................................................................................... A-52 Culture and Recreation ..................................................................................................................... A-53 A-ii TABLES AND FIGURES Page Table A-1 – One-Time COVID-Related Federal and State Funding Sources Remaining Unspent .................................................................................................. A-1 Table A-2 – General Fund Balance Sheet .................................................................................... A-5 Table A-3 Summary of General Fund Emergency Reserve ...................................................... A-6 Table A-4 – General Fund Revenues and Expenditures and Changes in Fund Balances ............. A-7 Table A-5 General Fund Revenue Summary ............................................................................. A-9 Table A-6 – Assessed Value of Taxable Property ...................................................................... A-10 Table A-7 – Assessed Valuation of Parcels by Land Use .......................................................... A-11 Table A-8 – Per Parcel Assessed Valuation of Single Family Homes ....................................... A-12 Table A-9 – Principal Secured Taxable Property Owners by Assessed Valuation .................... A-13 Table A-10 – Property Tax Levies and Collections ..................................................................... A-15 Table A-11 – Taxable Retail Sales ............................................................................................... A-17 Table A-12 – Capital Improvement Projects by Department ....................................................... A-23 Table A-13 – Employee Contracts ............................................................................................... A-24 Table A-14 – Fire and Police Retirement System Member Population ....................................... A-28 Table A-15 – Employee Retirement System Member Population ............................................... A-29 Table A-16 – Fire and Police Retirement System Schedule of Funding Progress ....................... A-30 Table A-17 – Employee Retirement System Schedule of Funding Progress ............................... A-31 Table A-18 – Fire and Police Retirement System Schedule of Employer Contributions ............. A-32 Table A-19 – Employees Retirement System Schedule of Employer Contributions ................... A-33 Table A-20 – Retirement Systems Schedule of Investment Returns ............................................ A-34 Table A-21 – Retirement Systems Net Pension Liability ............................................................. A-35 Table A-22 – Long-Term General Fund Obligations ................................................................... A-39 Table A-23 – Debt Service Schedule for Long-Term General Fund Obligations ........................ A-40 Table A-24 – Direct and Overlapping Debt Statement................................................................. A-40 Table A-25 – City of Fresno – Mayor and City Council Members .............................................. A-42 Table A-26 – City of Fresno – Key Administrative Personnel..................................................... A-42 Table A-27 – City, County and State Population ......................................................................... A-43 Table A-28 – Estimates of Civilian Labor Force, Employment, and Unemployment ................. A-44 Table A-29 – City of Fresno – Principal Employers .................................................................... A-45 Table A-30 – County of Fresno – Ten Leading Crops ................................................................. A-46 Table A-31 – County of Fresno – Personal Income ..................................................................... A-47 Table A-32 Median Income ‒ 10 Largest Cities Within the State ............................................. A-48 Table A-33 – County of Fresno – Median Home List Prices per Square Foot ‒ 10 Largest Cities Within the State .......................................................................... A-48 Table A-34 – County of Fresno – Median Monthly Rental Prices ‒ 10 Largest Cities Within the State ...................................................................................................... A-49 Table A-35 – City of Fresno –Building Permit Valuation............................................................ A-50 Figure 1 – Fiscal Year 2025-26 Revenues ............................................................................... A-22 Figure 2 – Fiscal Year 2026 Capital Appropriations ............................................................... A-22 A-1 FINANCIAL INFORMATION Certain statements contained in this Appendix A are “forward-looking statements.” Particularly because of the evolving nature of the current public health crisis, no assurance can be given that any estimates of future impact discussed herein will be achieved, and actual results may differ materially from the potential impact described herein. In this respect, the words “estimate,” “forecast,” “project,” “anticipate,” “expect,” “intend,” “believe,” “budget” and similar expressions are intended to identify forward-looking statements. All projections, forecasts, assumptions and other forward-looking statements in this Appendix A are expressly qualified in their entirety by this cautionary statement. In addition, this Appendix A sets forth general information concerning historic economic and demographic conditions in the City of Fresno (the “City”) and reflects information available as of the dated dates stated herein. It is not possible to predict whether the trends shown herein will continue in the future, particularly in light of the current public health crisis. Impact of COVID-19 General. COVID-19 and its variants continue to have lingering impacts throughout the world, including in the United States, the State of California (the “State”), the County of Fresno (the “County”), and the City. The COVID-19 pandemic significantly affected capital markets and national, State and local economies. Unemployment has declined significantly nationwide, and the State experienced a strong labor market recovery following the pandemic. The City’s economy has remained resilient. Nonetheless, concerns over developing federal policies, inflation and a tighter monetary policy may pose challenges to future growth. The City received one-time federal and State funding to address the health and economic impacts of the COVID-19 pandemic. Major funding sources included Coronavirus Aid, Relief and Economic Security (CARES) Act, American Rescue Plan Act (ARPA), Emergency Rental Assistance Program (ERAP), and Coronavirus Response and Relief Supplemental Appropriation Act (CRRSAA) allocations, supporting a wide range of programs such as public health services, housing assistance, transportation operations, and economic relief. Below is a table summarizing the remaining unspent funds. Such funds are required to be spent in accordance with their respective spending timelines and are not available to pay debt service on the Series 2025 Bonds Table A-1 City of Fresno One-Time Federal and State COVID-Related Funding Sources Remaining Unspent as of June 6, 2025 Funding Source Amount Received Amount Unspent Community Development Block Grant- Coronavirus (CARES) $7.9 million $2.4 million ARPA $178.0 million $35.3 million HOME-ARP (ARPA) $11.9 million $11.6 million _________ Source: City of Fresno Finance Department. A-2 Budget Process General. The Fiscal Year of the City begins on the July 1 each year and ends on June 30 of the following year. To develop the annual budget, each department head must furnish the Mayor an estimate of revenues and expenditures for such department for the coming Fiscal Year. In preparing the proposed budget, the Mayor reviews the estimates, holds conferences with the respective department heads, and revises the estimates as he deems advisable. At least 30 days prior to the beginning of each Fiscal Year, the Mayor submits to the City Council the proposed budget for such Fiscal Year. The City Council establishes a calendar for holding the first public hearing. Notice of the public hearing is published at least ten days prior to the hearing date. Copies of the proposed budget are available for inspection by the public in the office of the City Clerk at least 10 days before the hearing. At the conclusion of the public hearing process, the City Council further considers the proposed budget and makes any revisions it deems advisable. On or before June 30 of each year, the City Council adopts the budget with revisions, if any, by resolution passed by four of its seven members. The Mayor has power of veto in all actions of the City Council relating to the budget, including line item budgetary veto authority over all programs and budgetary units. This authority includes the ability to reduce or eliminate the Fiscal Year funding of any program or budget unit. The City Council may reconsider any action subject to the Mayor’s veto. If five members of the City Council vote in favor of passage, it becomes effective notwithstanding the Mayor’s veto. From the effective date of the budget, the amounts stated as proposed expenditures become appropriated to the departments, offices and agencies for the objects and purposes specified. All appropriations lapse at the end of the Fiscal Year to the extent that they have not been expended or lawfully encumbered. At any public meeting after adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least five members of the seven-member City Council. Again, the Mayor retains veto authority over such actions and if so exercised the City Council may override the Mayor’s veto with five affirmative votes. A mid-year budget review update as provided and presented to the City Council highlighting the fiscal year’s financial performance and plans to adjust for any shortfalls or surpluses. Recent General Fund Budgets Fiscal Year 2024-25 Budget. The Fiscal Year 2024–25 Adopted Budget continued to advance the ONE FRESNO vision—promoting and implementing an inclusive, prosperous, and beautiful city where residents take pride in their neighborhoods and community. Like many comparable cities that were navigating economic uncertainty, the City faced significant budgetary challenges. At a City Council workshop in March 2024, the Mayor reported a projected shortfall of $37–$40 million that ultimately grew to nearly $47 million. This budget gap was attributed to several factors, including inflation, increased energy costs, rising workers’ compensation and pension costs, and higher liability insurance premiums. Additionally, one-time A-3 federal relief funds received during the pandemic—used to supplement the City’s budget and expand service levels since 2020 continued to be drawn down and will need to be expended by December 2026. In response, the Fiscal Year 2024–25 Adopted Budget prioritized fiscal balance through a suite of strategies, including cost containment measures, revenue enhancements, and the potential restructuring of service levels. Specifically, the City utilized $17.5 million in American Rescue Plan Act (ARPA) funds to cover eligible expenses and mitigate revenue losses. Additional measures included reducing employee costs through attrition, leveraging master leasing to cost-effectively acquire capital equipment and reduce up- front capital expenditures, and implementing departmental budget reductions of up to 3%. The Fiscal Year 2024-25 mid-year budget review presented to the City Council on February 13, 2025 reflected a $5.5 million decrease in projected annual operating revenues, largely due to a downward revision of sales tax projections—anticipated to decline by $4.5 million compared to the original Adopted Budget. However, these revenue losses were partially offset by increases in projected revenues from franchise fees, charges for current services, property taxes, and transient occupancy taxes (room tax). In addition, total estimated operating costs for Fiscal Year 2024–25 are expected to decrease by approximately $10.2 million, or 2.1% compared to the Adopted Budget, primarily due to ongoing departmental base budget reductions and savings achieved through attrition. General Fund estimated operating revenues for Fiscal Year 2024–25 were projected to decrease by $5.0 million compared to the Fiscal Year 2024–25 Revised Budget (from $480.5 million to $475.4 million), due mostly to estimated sales tax collections decreasing by $7.4 million. However, Fiscal Year 2024-25 revenues are still anticipated to exceed Fiscal Year 2023–24 actuals by $4.1 million, primarily driven by a projected $10.3 million increase in property tax revenue. The General Fund Emergency Reserve for June 30, 2025 is estimated to be $47.6 million. In addition, the General Fund operating ending fund balance for Fiscal Year 2024-25 is estimated at $26.0 million. Fiscal Year 2025-26 Budget. In March 2025, the City projected a $20.6 million General Fund operating budget deficit, with expectations of an even greater shortfall in Fiscal Year 2025-26 without corrective action. In response, the City implemented a series of cost-saving measures and revenue- enhancement strategies to reduce the deficit. These efforts included eliminating non-essential positions, defunding certain initiatives, and making strategic adjustments to Fiscal Year 2024-25 and Fiscal Year 2025-26 projections. Despite the challenges, the City remains committed to long-term fiscal sustainability and has prioritized operational flexibility. On May 14, 2025, the Mayor announced the Fiscal Year 2025-26 budget proposal, totaling $2.36 billion and presented an overview to City Council on May 15, 2025. Contending with a combination of external economic pressures, rising operational costs, and internal budgetary realignment, the proposed budget demonstrated the City’s commitment to fiscal responsibility while prioritizing essential services. Through a variety of strategies, as discussed in more detail below, the Mayor presented a balanced Proposed Budget emphasizing the City’s continued long-term fiscal stability – a result of prudent financial management and a diversified economic base. The administration explored and implemented aggressive strategies to improve the budget while maintaining essential services. These strategies include the continued utilization of ARPA funds, attrition savings (6.18% reduction), department budget reductions, better utilization of restricted or grant resources, and a continued shift to leasing vehicles and equipment instead of outright acquisition, reducing upfront capital expenditures. Subsequent to the Mayor’s budget proposal, budget hearings were conducted over four days, from June 2 to June 5, 2025. The City Council voted on proposed budget motions on June 10, 2025, and final A-4 adoption of the Fiscal Year 2025-26 budget occurred during a City Council meeting on June 17, 2025. The final Fiscal Year 2025-26 Adopted Budget totals $2.36 billion of which the General Fund totals $533.8 million. Financial Statements The government-wide financial statements (i.e. the statement of net assets and the statement of changes in net assets) report information on all of the non-fiduciary activities of the primary government and its component units. Governmental activities, which are normally supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely, to a significant extent, on fees and charges for support. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. The City considers property tax revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to vacation, sick leave, claims and judgments, are recorded only when payment is due. Property taxes, other local taxes, licenses, and interest associated with the current fiscal period are all considered susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when the City receives cash. Proprietary funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services in connection with the fund’s principal ongoing operations. The principal operating revenues of the City’s enterprise and internal service funds are charges for customer services for sales and services. Operating expenses for enterprise funds and internal service funds include the cost of services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as non-operating revenues and expenses. See APPENDIX B–“CITY OF FRESNO, CALIFORNIA, ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024.” A-5 Table A-2 summarizes the City’s audited General Fund balance sheet for Fiscal Years 2019-20 through 2023-24. Table A-2 City of Fresno General Fund Balance Sheet Fiscal Year 2019-20 through Fiscal Year 2023-24 ($ in thousands) 2019-20 2020-21 2021-22 2022-23 2023-24 ASSETS Cash and Investments(1) $23,614 $54,681 $47,810 $51,698 $44,225 Receivables, Net 15,424 17,920 18,207 33,937 24,844 Grants Receivable 6 6 180 54 – Intergovernmental Receivables 37,088 43,490 42,676 39,286 41,948 Due From Other Funds 2,733 6,206 14,591 16,628 8,520 Restricted Cash 37,718 40,655 48,180 54,109 58,523 Other Assets – – – – 632 TOTAL ASSETS 116,583 162,958 171,644 195,712 178,692 LIABILITIES Accrued Liabilities 9,176 12,677 12,835 17,102 16,343 Unearned Revenue 2,972 3,298 4,101 5,818 2,318 Due to Other Funds 805 1,084 1,100 3,080 4,107 Advances From Other Funds 2,132 11,497 10,862 227 751 Deposits From Others 13 9,416 14,881 16,875 17,968 TOTAL LIABILITIES 15,098 37,972 43,779 43,102 41,487 DEFERRED INFLOWS OF RESOURCES(2) Unavailable Revenue – Property Tax 8,767 5,997 4,276 3,515 – Unavailable Revenue – Other 16,790 16,046 18,898 21,712 28,166† TOTAL DEFERRED INFLOWS OF RESOURCES 25,557 22,043 23,174 25,227 28,166 FUND BALANCES Nonspendable – – – – – Restricted 6 – – – – Committed(3) 37,718 40,655 48,360 54,466 58,980 Assigned 5,158 19,249 19,215 18,633 11,025 Unassigned 33,046 43,039 37,116 54,284 39,034 TOTAL FUND BALANCES 75,928 102,943 104,691 127,383 109,039 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCES $116,583 $162,958 $171,644 $195,712 178,692 _________ (1) Increase in Cash and Investment from Fiscal Year 2019-2020 to 2020-2021 due to one-time COVID funding. (2) Represents amounts earned but not available or collectable in the near future. “Unavailable” revenues do not qualify for recognition as revenue within a governmental fund because they are not yet considered to be available to meet current obligations. (3) Includes Emergency Reserve amounts. See Table A-3-General Fund Emergency Reserve. Source: City of Fresno Finance Department Financial Reports. A-6 Table A-3 summarizes the General Fund Emergency Reserves for Fiscal Years 2020-21 through 2023-24, Fiscal Year 2024-25 (Estimated), and Adopted Budget Fiscal Year 2025-26 (which amounts are included in “Committed Fund Balance” in Table A-2). Table A-3 City of Fresno General Fund Emergency Reserve Fiscal Years 2020-21 through 2023-24, Fiscal Year 2024-25 (Estimated), and Adopted Budget Fiscal Year 2025-26 ($ in thousands) 2020-21 2021-22 2022-23 2023-24 Estimated 2024-25 Adopted Budget 2025-26 Emergency Reserve† $35,707 $39,913 $44,183 $46,720 $47,665 $47,665 Percentage of Total Expenditures and Transfers Out 8.40% 9.63% 9.90% 9.48% 9.79% 8.62% _________ † See “–Fiscal Management Policies–Reserve Management Act.” Source: City of Fresno Finance Department. A-7 Table A-4 summarizes the City’s audited General Fund revenues and expenditures for Fiscal Years 2020-21 through 2023-24, Fiscal Year 2024-25 (estimated), and the Adopted Budget for Fiscal Year 2025-26. ,. Table A-4 City of Fresno General Fund Revenues and Expenditures and Changes in Fund Balances Fiscal Years 2020-21 through 2023-24, Fiscal Year 2024-25 (Estimated), and Adopted Budget Fiscal Year 2025-26 ($ in thousands) 2020-21 2021-22 2022-23 2023-24 Estimated 2024-25 Adopted Budget 2025-26 REVENUES: Taxes(1) $325,650 $360,831 $380,910 $398,695 $401,296 $418,468 Licenses and Permits 9,276 8,332 9,064 9,746 9,702 10,007 Intergovernmental 5,988 5,398 2,967 3,266 2,233 1,664 Charges for Services 32,682 32,292 40,072 34,977 45,938 49,500 Fines and Forfeitures, Penalties 1,792 2,726 2,482 3,122 3,125 2,929 Use of Money and Property 634 (3,213) 4,489 8,339 3,426 4,214 Miscellaneous 960 1,191 3,204 893 6,606 26,525 TOTAL REVENUES 376,982 407,557 443,188 459,038 472,326 513,307 EXPENDITURES: General Government 58,611 27,126 37,298 49,768 57,579 64,104 Public Protection 250,469 263,159 281,813 315,866 312,462 346,689 Public Ways and Facilities 7,909 11,311 18,604 16,033 16,916 22,151 Culture and Recreation 23,749 16,722 19,825 22,132 20,581 21,120 Community Development 31,217 33,443 37,633 38,467 45,001 67,763 Capital Outlay(2) 13,360 19,645 4,548 10,816 5,255 6,564 Debt Service(3): Principal 2,354 2,580 2,633 3,414 4,215 4,427 Interest 410 389 555 571 864 939 TOTAL EXPENDITURES 388,079 374,375 402,909 457,067 462,873 533,757 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES (11,097)(4) 33,182 40,279 1,971 9,453 (20,450) OTHER FINANCING SOURCES (USES) Transfers In 74,987(5) 8,587 25,599 6,308 7,351 6,694 Transfers Out(6) (36,958) (40,021) (43,186) (35,526) (24,049) (19,384) Capital Lease Financing 83 – – 8,903 – – Sale of Capital Assets – – – – – – TOTAL OTHER FINANCING SOURCES (USES): 38,112 (31,434) (17,587) (20,315) (16,698) (12,690) Loss of Receivable – – – – – Net Changes in Fund Balances 27,015 1,748 22,692 (18,344) (7,245) (33,140) FUND BALANCES - BEGINNING, RESTATED 75,928 102,943 104,691 127,383 109,039 101,623 FUND BALANCES - ENDING $102,943 $104,691 $127,383 $109,039 $101,794 $68,483 _______________ (1) See Table A-5–“General Fund Revenue Summary” for the components comprising “Taxes.” (2) Represents capital expenditures. (3) Represents debt service payable on capital leases. (4) Increases due to CAREs Act expenses. (5) Increases due to CAREs Act reimbursements reimbursing General Fund for eligible expenses. (6) Includes debt service payable on outstanding General Fund Obligations. See “–Long-Term General Fund Obligations Source: City of Fresno Finance Department. A-8 State Budgets Approximately 59% of the City’s General Fund Budget consists of payments collected by the State and passed-through to local governments or collected by the County and allocated to local governments by State law. Therefore, changes in the financial condition of the State has an impact on the level of these revenues. In past years the State has reduced revenues to cities and counties to help solve the State’s budget problems. See “CONSTITUTIONAL AND STATUTORY LIMITATIONS ON TAXES AND APPROPRIATIONS– Proposition 1A.” Information regarding the State Budget is regularly available at various State-maintained websites. The Fiscal Year 2024-25 and Fiscal Year 2025-26 State Budgets may be found at the website of the Department of Finance, www.dof.ca.gov, under the heading “California Budget.” Impartial analyses of the State’s Budgets are posted by the Office of the Legislative Analyst at www.lao.ca.gov. The information referred to is prepared by the respective State agency maintaining each website and not by the City or the Underwriter, and neither of the City nor the Underwriter take responsibility for the continued accuracy of the internet addresses or for the accuracy, completeness or timeliness of information posted there, and such information is not incorporated herein by these references. The City cannot predict the extent of the budgetary problems the State will encounter in this Fiscal Year or in any future fiscal years, and, it is not clear what measures would be taken by the State to balance its budget, as required by law. In addition, the City cannot predict the final outcome of current and future State budget negotiations, the impact that such budgets will have on its finances and operations or what actions will be taken in the future by the State Legislature and Governor to deal with changing State revenues and expenditures. Current and future State budgets will be affected by national and State economic conditions and other factors over which the City has no control. See also “CERTAIN RISKS TO BONDHOLDERS’–Dependence on State for Certain Revenues.” Principal Sources of General Fund Revenues Property tax revenues are the single largest revenue source to the General Fund, representing approximately 40.6% of Fiscal Year 2024-25 Revised Budget operating revenues and sales taxes representing approximately 32.5%. These two sources represented an aggregate of approximately 73.1% of estimated General Fund operating revenues for Fiscal Year 2024-25. For a discussion of property taxes and sales taxes, see “–Ad Valorem Property Taxation and “–Sales Tax.” For Fiscal Year 2025-26, property taxes are budgeted at $202.6 million (an increase of approximately 6.2% compared to estimated Fiscal Year 2024-25 property taxes), representing approximately 41.8% of General Fund operating revenues, and sales taxes are budgeted at $148.7 (an increase of approximately 2.4% compared to estimated Fiscal Year 2024-25 sales taxes), representing approximately 30.7% of General Fund operating revenues. These two sources are estimated to represent an aggregate of approximately 72.5% of the budgeted General Fund operating revenues for Fiscal Year 2025- 26. Actual total General Fund revenues for Fiscal Years 2020-21 through 2023-24, together with the estimated projections for Fiscal Year 2024-25 and the Adopted Budget figures for Fiscal Year 2025-26, and the approximate percentages of the City's total General Fund revenues, are presented in Table A-5. A-9 Table A-5 City of Fresno General Fund Revenue Summary Fiscal Years 2021 through 2023-24 Actuals, Fiscal Year 2024-25 Revised Budget, Fiscal Year 2024-25 (Estimated) and Fiscal Year 2025-26 Adopted Budget ($ in thousands) Actual 2021-22 Actual 2022-23 Actual 2023-24 Estimated 2024-25 Adopted Budget 2025-26(1) Revenues Amount Percent of Total Amount Percent of Total Amount Percent of Total Amount Percent of Total Amount Percent of Total Property Taxes(2) 1% Ad Valorem $88,991 21.84% $97,436 21.99% $104,670 22.80% $110,116 23.31% $117,047 22.80% Property Tax Override 14,370 3.53 14,072 3.18 16,419 3.58 17,813 3.77 18,837 3.67 Motor Vehicle In-Lieu 51,342 12.60 55,151 12.44 59,426 12.95 62,869 13.31 66,774 13.01 SUBTOTAL PROPERTY TAXES 154,703 37.97 166,659 37.61 180,515 39.33 190,798 40.39 202,658 39.48 Sales Tax(3) 148,530 36.44 150,628 33.99 151,700 33.05 145,260 30.75 148,766 28.98 Room Tax 15,205 3.73 16,454 3.71 15,604 3.40 15,998 3.39 16,478 3.21 Franchise Tax(4) 17,523 4.30 19,111 4.31 22,343 4.87 22,973 4.86 23,748 4.63 Business Tax(5) 21,342 5.24 25,837 5.83 26,054 5.68 23,485 4.97 23,980 4.67 Other Taxes 3,528 0.87 2,221 0.50 2,479 0.53 2,782 0.59 2,838 0.55 SUBTOTAL 206,128 50.58 214,251 48.34 218,180 47.53 210,498 44.57 215,810 42.04 SUBTOTAL TAXES 360,831 88.55 380,910 85.95 398,695 86.86 401,296 84.96 418,468 81.52 Licenses and Permits 8,332 2.04 9,064 2.05 9,746 2.12 9,702 2.05 10,007 1.95 Intergovernmental(6) 5,398 1.32 2,967 0.67 3,266 0.71 2,233 0.47 1,664 0.32 Charges for Services(7) 32,292 7.92 40,072 9.04 34,977 7.62 45,938 9.73 49,500 9.64 Fines 2,726 0.67 2,482 0.56 3,122 0.68 3,125 0.66 2,929 0.57 Use of Money and Property (3,213) (0.79) 4,489 1.01 8,339 1.82 3,426 0.73 4,214 0.82 Miscellaneous 1,191 0.29 3,204 0.72 893 0.19 6,606 1.40 26,525 5.17 SUBTOTAL 46,726 49.42 62,278 14.05 60,343 13.14 71,030 15.04 94,839 18.48 TOTAL $407,557 100.00% $443,188 100.00% $459,038 100.00% $472,326 100.00% $513,307 100.00% _______________ (1) See also “–Budget Process–Fiscal Year 2025-26 Budget Process.” (2) See “–Assessed Valuation; Ad Valorem Property Tax.” and “–Property Tax Override for Pension Contributions.” Property Tax Override revenues are not available to pay debt service on the Series 2025 Bonds. (3) See “–Sales and Use Taxes.” Does not include Measure C or Measure P revenues. For a description of Measure C and Measure P, see “FINANCIAL INFORMATION–Measure C” and “–Measure P.” (4) Consists of taxes charged for telecommunication, solid waste, and utility services. (5) Consists of taxes and fees paid by businesses. (6) Intergovernmental revenues include amounts received from federal, State, and other governmental entities. (7) See “–Charges for Services.” Source: City of Fresno Finance Department. A-10 Assessed Valuation; Ad Valorem Property Tax Assessed Valuation. The assessed valuation of property in the City is established by the County Assessor, except for public utility property which is assessed by the State Board of Equalization. Assessed valuations are reported at 100% of the full cash value of the property, as defined in Article XIII A of the California Constitution. The California State Legislature adopted in 1969 the Homeowners Property Tax Relief Program, which provides an exemption of $7,000 of the full value of the owner-occupied dwelling for which application has been made to the County Assessor. The revenue estimated to be lost to local taxing agencies due to the exemption is reimbursed from State sources. Reimbursement is based upon total taxes due on such exempt value and is not reduced by an amount for estimated or actual delinquencies. Certain classes of property such as churches, colleges, not-for-profit hospitals and charitable institutions are exempt from property taxation and do not appear on the tax rolls. No reimbursement is made by the State for such exemptions. Total assessed valuation of taxable property (secured and unsecured) within the City for the past 10 years is set forth in Table A-6. Table A-6 City of Fresno Assessed Value of Taxable Property(1) Last 10 Fiscal Years Fiscal Year Secured (2) Unsecured Total Taxable Assessed Valuation(1) % Change 2015-16 $30,026,361,027 $1,500,061,596 $31,526,422,623 4.80% 2016-17 31,344,820,623 1,596,315,117 32,941,135,740 4.49 2017-18 32,837,504,668 1,616,397,886 34,453,902,554 4.59 2018-19 34,713,392,408 1,899,808,202 36,613,200,610 6.27 2019-20 36,659,070,484 1,899,510,831 38,558,581,315 5.31 2020-21 38,644,667,812 2,225,286,118 40,869,953,930 5.99 2021-22 40,198,896,767 2,181,351,026 42,380,247,793 3.70 2022-23 43,203,054,898 2,540,898,809 45,743,953,707 7.94 2023-24 46,333,291,258 2,956,701,021 49,289,992,279 7.75 2024-25 49,007,545,913 3,137,898,756 52,145,444,669 5.79 _____________ (1) Includes secured and unsecured property. (2) Includes utility properties. Source: County of Fresno Tax Rate Book. A-11 Assessed Valuation and Parcel by Land Use. Set forth in Table A-7 below is the assessed valuation of parcels by land use for Fiscal Year 2024-25. Table A-7 City of Fresno Assessed Valuation of Parcels by Land Use Fiscal Year 2024-25 2024-25 % of No. of % of Assessed Valuation (1) Total Parcels Total Non-Residential: Agricultural $ 57,661,266 0.12% 307 0.21% Commercial/Office 8,400,751,581 17.15 6,224 4.29 Vacant Commercial 296,004,264 0.60 1,112 0.77 Industrial 3,702,193,798 7.56 2,571 1.77 Vacant Industrial 118,285,863 0.24 588 0.41 Government/Social/Institutional 18,950,379 0.04 554 0.38 Miscellaneous 4,772,017 0.01 24 0.02 Subtotal Non-Residential $12,598,619,168 25.71% 11,380 7.84% Residential: Single Family Residence $29,814,210,110 60.85% 111,367 76.77% Condominium/Townhome 1,530,949,560 3.12 10,477 7.22 Mobile Home 226,857,277 0.46 3,830 2.64 Mobile Home Park 27,226,191 0.06 7 0.00 2-4 Residential Units 736,634,186 1.50 3,184 2.19 5+ Residential Units/Apartments 3,293,022,929 6.72 1,259 0.87 Vacant Residential 769,914,096 1.57 3,564 2.46 Subtotal Residential $36,398,814,349 74.29% 133,688 92.16% TOTAL $48,997,433,517 100.00% 145,068 100.00% (1) Total Secured Assessed Valuation; excluding tax-exempt property and utility property. Source: California Municipal Statistics, Inc. A-12 Per-Parcel Assessed Valuation of Single Family Residences. Approximately 60.85% of the City’s Fiscal Year 2024-25 assessed valuation is based on single family residences only. Set forth in Table A-8 below is the per-parcel assessed valuation of single family residences for Fiscal Year 2024-25. Realtor.com estimates that the median single family home sales price in the City in June 2025 was approximately $420,000. Table A-8 City of Fresno Per Parcel Assessed Valuation of Single Family Homes† Fiscal Year 2024-25 No. of 2024-25 Average Median Parcels Assessed Valuation Assessed Valuation Assessed Valuation Single Family Residential 111,367 $29,814,210,110 $267,711 $235,525 2024-25 No. of % of Cumulative Total % of Cumulative Assessed Valuation Parcels† Total % of Total Valuation† Total % of Total $0 - $49,999 3,251 2.919% 2.919% $ 124,707,490 0.418% 0.418% $50,000 - $99,999 12,206 10.960 13.879 937,839,086 3.146 3.564 $100,000 - $149,999 14,643 13.148 27.028 1,828,458,158 6.133 9.697 $150,000 - $199,999 15,205 13.653 40.681 2,658,858,043 8.918 18.615 $200,000 - $249,999 14,192 12.743 53.424 3,183,582,776 10.678 29.293 $250,000 - $299,999 13,458 12.084 65.509 3,698,207,590 12.404 41.697 $300,000 - $349,999 11,727 10.530 76.039 3,797,924,222 12.739 54.436 $350,000 - $399,999 8,644 7.762 83.800 3,230,078,849 10.834 65.270 $400,000 - $449,999 6,035 5.419 89.219 2,554,979,068 8.570 73.839 $450,000 - $499,999 3,751 3.368 92.588 1,774,285,179 5.951 79.791 $500,000 - $549,999 2,308 2.072 94.660 1,207,365,608 4.050 83.840 $550,000 - $599,999 1,504 1.350 96.010 861,660,491 2.890 86.730 $600,000 - $649,999 939 0.843 96.854 584,159,066 1.959 88.690 $650,000 - $699,999 656 0.589 97.443 441,897,937 1.482 90.172 $700,000 - $749,999 488 0.438 97.881 352,890,792 1.184 91.355 $750,000 - $799,999 408 0.366 98.247 316,161,607 1.060 92.416 $800,000 - $849,999 323 0.290 98.537 266,313,011 0.893 93.309 $850,000 - $899,999 273 0.245 98.782 238,518,913 0.800 94.109 $900,000 - $949,999 203 0.182 98.965 187,675,511 0.629 94.739 $950,000 - $999,999 152 0.136 99.101 148,072,837 0.497 95.235 $1,000,000 and greater 1,001 0.899 100.000 1,420,573,876 4.765 100.000 111,367 100.000% $29,814,210,110 100.000% _______________ † Includes only the assessed values for improved single family residential parcels. Excludes condominiums and parcels with multiple family units. Source: California Municipal Statistics, Inc. A-13 Table A-9 sets forth the City’s principal secured taxable property owners by valuation for Fiscal Year 2024-25. Table A-9 City of Fresno Principal Secured Taxable Property Owners by Valuation Fiscal Year 2024-25 Taxpayer Type of Business 2024-25 Secured Assessed Value % of Total Secured Assessed Value River Park Properties Shopping Center $ 200,059,894 0.41% Macerich Fresno LP Shopping Center 162,669,778 0.33 Gap Inc. Industrial 152,540,300 0.31 E & J Gallo Winery Winery 149,043,064 0.30 Meganova LP Apartments 132,571,166 0.27 DPML Orange LLC Industrial 129,540,000 0.26 RPI Fig Garden LP Shopping Center 104,121,470 0.21 Fresno Supreme Inc. Apartments 99,302,458 0.20 Lyons Magnus Inc. Industrial 98,608,282 0.20 Foster Poultry Farms Industrial 88,448,599 0.18 Fresno CA I FGF LLC Office Building 84,272,400 0.17 Oak View Apts LP Apartments 83,541,110 0.17 Giganova LP Apartments 80,240,079 0.16 Wal-Mart Real Estate Business Trust Commercial 77,646,447 0.16 NMSBPCSLDHB Office Building 72,106,222 0.15 Copper River Apartments Apartments 67,098,250 0.14 David H. Hussain Apartments 63,987,198 0.13 Villagio Shopping Center LLC Shopping Center 63,179,387 0.13 Zorro Leasing LLC Industrial 62,252,794 0.13 Cedar & Shepherd LP Apartments 61,153,705 0.12 SUBTOTAL PRINCIPAL TAXPAYERS $2,032,382,603 4.15 All Others Various 46,965,050,914 98.85 TOTAL $48,997,433,517 100.00% _______________ Sources: Fresno County Assessor’s Office; Avenue Insights & Analytics and California Municipal Statistics, Inc., as compiled by Willdan Financial Services; 2024/25 Local Secured Total, and California Municipal Statistics, Inc. Appeals to Assessed Valuation. Under the California Constitution, property owners may protest the assessed value of their property to the County Assessment Appeals Board (the “AAB”). The AAB has jurisdiction to determine a property’s full value and may raise or lower a property’s assessed valuation, thereby affecting the amount of property taxes payable by the property owner for the tax year in question as well as future tax years. Annually, the County evaluates the protests filed by property owners and maintains, based on the opinion of County Counsel, adequate reserves to fund significant tax refunds in the event of a successful protest. A property owner may apply for a Proposition 8 reduction of the ad valorem property tax assessment for such owner’s property by filing a written application, in the form prescribed by the State Board of Equalization, with the applicable county assessment appeals board (a “Proposition 8” appeal). Any reduction in the assessment ultimately granted under Proposition 8 applies only to the year for which application is made and during which written application is filed. The assessed value increases to its pre-reduction level for fiscal years following the year for which the reduction application is filed. However, if the property owner establishes through proof of comparable values that the property continues to be overvalued (known as “ongoing hardship”), a county assessor has the power to grant a reduction not only for the year for which application was originally made, but also for the then current year as well. In a similar A-14 manner, a county assessor may reassert the pre-appeal level of assessed value depending on the county assessor’s determination of current value. In addition to reductions in assessed value resulting from Proposition 8 appeals, State law also allows county assessors to reduce assessed value unilaterally based on a general decline in market value of an area. Although Proposition 8 reductions are temporary only for those properties that are not sold to new owners, and are otherwise expected to be eliminated under Proposition 13 if and when market conditions improve, no assurance is given that such reductions, if made, will be eliminated. See also “CONSTITUTIONAL AND STATUTORY LIMITATIONS ON TAXES AND APPROPRIATIONS– Article XIII A of the California Constitution.” Ad Valorem Property Tax General. Taxes are levied by the County for each Fiscal Year on taxable roll and personal property which is situated in the City as of the preceding January 1. Effective July 1, 1983, real property that changes ownership or is newly constructed is revalued at the time the change in ownership occurs or the new construction is completed. The current year property tax rate will be applied to the reassessed value, and the taxes will then be adjusted by a proration factor to reflect the portion of the remaining tax year for which taxes are due. For assessment and collection purposes, property is classified either as “secured” or “unsecured.” Property assessed as “secured” is listed accordingly on separate parts of the assessment roll containing State-assessed property and property the taxes on which are a lien on real property sufficient, in the opinion of the County Assessor, to secure payment of the taxes. Other property is assessed on the “unsecured roll.” Property taxes on the secured roll are due in two installments, on November 1 and February 1 of each Fiscal Year, and if unpaid become delinquent on December 10 and April 10, respectively, subject to a penalty of 10%. Property on the secured roll with respect to which taxes are delinquent becomes tax defaulted on or about June 30 of the Fiscal Year. Such property may thereafter be redeemed by payment of a penalty of 1.5% per month to the time of redemption, plus costs and a redemption fee. If taxes are unpaid for a period of five years or more, the property is deeded to the State and then is subject to sale by the County Tax Collector. Property taxes on the unsecured roll are due as of the January 1 lien date and, in general, become delinquent on August 31, subject to a 10% penalty. If unsecured taxes are unpaid on October 31, an additional penalty of 1.5 percent attaches to them on the first day of each month until paid. The City has four ways of collecting delinquent unsecured personal property taxes: (1) bringing a civil action against the taxpayer; (2) filing a certificate in the office of the County Clerk specifying certain facts in order to obtain a lien on certain property of the taxpayer; (3) filing a certificate of delinquency for record in the County Clerk and Recorder’s office in order to obtain a lien on certain property of the taxpayer; and (4) seizing and selling personal property, improvements or possessory interests belonging or assessed to the assessee. A-15 Table A-10 below sets forth the levies, collections and percent of collections and levies for property taxes in the City for the last 10 Fiscal Years. Table A-10 City of Fresno Property Tax Levies and Collections(1) Last 10 Fiscal Years Fiscal Year Ending June 30 Total Adjusted Tax Levy Amount Collected (2) Delinquent Tax Collections(2)(3) Total Tax Collections % of Collection as a % of Total Adjusted Tax Levy 2015 $109,977,799 $106,989,456 $395,578 $107,385,034 97.64% 2016 115,335,170 113,633,713 508,181 114,141,894 98.97 2017 120,290,891 119,336,199 386,236 119,722,435 99.53 2018 125,734,795 123,764,163 649,161 124,413,324 98.95 2019 133,844,151 132,157,601 543,876 132,701,477 99.15 2020 140,297,112 136,883,021 745,241 137,628,261 98.10 2021 151,207,145 144,896,990 1,443,494(4) 146,340,484 96.78 2022 154,579,854 145,788,069 41,485 145,829,554 94.34 2023 164,920,839 162,101,358 390,299 162,491,658 98.53 2024† 178,208,199 176,286,166 423,187 176,709,353 99.16 Average Collections 98.11% _______________ † Most recent year for which data is available. (1) In 1983, the City voters approved a property tax override at a rate of 0.32438 per $100 of gross assessed value to generate revenues to address the City’s pension system costs. See. “–Property Tax Override for Pension Contributions.” Such revenues are not available to pay debt service on the Series 2025 Bonds. (2) Beginning in Fiscal Year 2013-14, collections reflect those dollars that are related to the fiscal period in which the tax was levied. (3) Excludes penalties and interest. (4) The 93.7% increase compared to Fiscal Year 2020-21 is a result of a Governor’s Executive Order implemented as a result of the COVID-19 epidemic. See “–Effect of COVID-19 on Property Tax Collections.” Source: City of Fresno Finance Department. While the County has adopted the Alternative Method of Distribution of Tax levies and Collections and of Tax Sale Proceeds (the “Teeter Plan”), as provided for in Section 4701 et. seq. of the State and Taxation Code, the City is not currently a participant in such Teeter Plan. As a result, the amount of the levy of property tax revenue that is allocated to the City depends upon the actual collections of the secured taxes within the City. Substantial delinquencies in the payment of property taxes could impair the timely receipt by the property tax revenues. Effect of COVID-19 on Property Tax Collections. Since the COVID-19 pandemic, the City has experienced a continued uptick in property tax revenue, primarily driven by increases in assessed property values across the region. During the initial stages of the pandemic, on May 6, 2020, the Governor issued Executive Order N-61-20, which temporarily suspended certain provisions of the Revenue and Taxation Code. This order allowed for the waiver of interest, penalties, and costs on certain property tax payments‒ provided they were not subject to impounds, were not delinquent prior to March 4, 2020, and met the conditions outlined in the executive order. The suspension remained in effect through May 6, 2021 and caused delinquent tax collections to increase 93.7% compared to Fiscal Year 2019-20. A-16 Property Tax Override for Pension Contributions. Since 1983, the City has been authorized to assess, equalize, levy, and collect a tax on taxable property within the City at the rate of up to 0.032438 per $100 of gross assessed value to make payments in support of its obligations to the Retirement Systems (as defined herein). See also “–City Retirement Systems.” This tax was upheld by a decision rendered by the State of California Fifth District Court of Appeal in 1984. This tax generated $16,418,704 in Fiscal Year 2023-24, is estimated to generate $17,812,700 in Fiscal Year 2024-25, and is budgeted to generate $18,837,000 in Fiscal Year 2025-26 (or approximately 4% of General Fund budgeted revenues for such Fiscal Year). Property Tax Override revenues are not available to pay debt service on the Series 2025 Bonds. Continued assessment of the Property Tax Override is contingent upon satisfying the conditions contained in the Court of Appeal decision. The Redevelopment Agency of the City of Fresno. The City’s redevelopment agency was known as the Redevelopment Agency of the City of Fresno (the “Former Agency”) and operated several project areas and incurred indebtedness, including publicly-issued bonds. The Former Agency was dissolved in 2012, pursuant to State legislation (“Dissolution Act”). The Dissolution Act permitted each applicable local government to establish a successor agency for the purpose of honoring enforceable obligations and to, if desired, to assume housing obligations of the former redevelopment agency. The City established itself as the successor agency to the Redevelopment Agency of the City of Fresno (known as the “Successor Agency to the Redevelopment Agency of the City of Fresno”) and, as required by the Dissolution Act, appointed an oversight board to oversee these activities. While the City, as successor agency to the Former Agency, continues certain activities in former project areas, including housing obligations, it receives no significant tax increment other than that pledged to pay outstanding bonds of the Former Agency and with respect to certain housing obligations. The Dissolution Act permits the use of property tax increment received by the Successor Agency to repay loans made to it by the City. This legislation was confirmed by a Sacramento County Superior Court decision on a case involving the City and the State of California Department of Finance. These payments from the Successor Agency to the City are scheduled to decrease through Fiscal Year 2027-28 as loans made by the City to the Successor Agency are repaid. In Fiscal Year 2023-24 the City received $1.6 million and is estimated to receive $1.0 million in Fiscal Year 2024-25. These monies are deposited in the General Fund, and are used to fund operations of the City. The Successor Agency does not issue separate financial statements. Although a separate legal entity from the City, the Successor Agency is reported as a Private Purpose Trust Fund and its financial results are reported as fiduciary funds in the audited financial statements of the City. Sales Tax A sales tax is imposed on retail sales or consumption of personal property. Sales tax revenues are determined by the total taxable transactions within a jurisdiction and distributed by the State Board of Equalization to the jurisdiction where the sale took place. Sales taxes collected from merchants with no permanent place of business (i.e., manufacturers, construction contractors, etc.) are accumulated to a countywide or State-wide (out-of-state businesses) pool and distributed to cities and counties in proportion to their collections from all sales taxpayers. Prior to 1955, the City imposed its own local sales tax. In 1955, the Legislature enacted the Bradley Burns Act which established a Statewide rate for sales tax, allowed counties to enact sales taxes, capped cities’ taxes at 1% (without a locally-approved sales tax increase) and provided for collection by the State Board of Equalization. The City’s 1% sales tax has historically been an important local revenue source. A-17 The value and volume of these taxable transactions are in turn dependent on economic and other factors which will influence the City. Such factors include the level of inflation affecting the price of goods and services subject to the sales tax, the rate of population growth in the general area, the characteristics of retail developments, including the relative size of market service areas, the sensitivity of the types of businesses within the City to changes in the economy, and competing retail establishments outside the City. A deterioration of economic and other factors influencing taxable sales generated in the City, would reduce the level of taxable sales generated in the City, thereby reducing sales tax revenues. Table A-11 shows historical taxable retail sales for certain businesses. Table A-11 City of Fresno Taxable Retail Sales for Calendar Years 2018 through 20241) ($ in thousands) 2019 2020 2021 2022 2023 2024† RETAIL AND FOOD SERVICES Motor Vehicle and Parts Dealers $1,356,863 $1,376,956 $1,828,692 $1,784,741 $1,711,789 $1,685,141 Home Furnishings and Appliance Stores 400,144 328,526 396,566 417,108 366,489 353,805 Bldg. Matrl. Garden Equip. and Supplies 519,744 646,524 652,463 654,351 604,816 574,580 Food and Beverage Stores 439,514 453,009 509,955 535,469 513,493 483,129 Gasoline Stations 587,521 465,091 662,325 784,658 703,811 687,956 Clothing and Clothing Accessories Stores 574,010 466,048 693,288 685,659 665,756 622,604 General Merchandise Stores 945,656 931,841 1,095,273 1,129,242 1,091,496 1,102,039 Food Services and Drinking Places 1,075,519 898,891 1,227,897 1,344,248 1,415,344 1,433,734 Other Retail Group 689,479 770,120 3,254,433 3,275,566 2,926,475 2,659,501 TOTAL RETAIL AND FOOD SERVICES 6,588,450 6,337,006 10,320,892 10,611,042 9,999,469 9,602,489 All Other Outlets 2,114,274 2,052,182 2,489,863 2,768,833 2,932,704 2,812,043 TOTAL ALL OUTLETS $8,702,724 $8,389,188 $12,810,755 $13,379,875 $12,932,173 $12,414,532 _______________ † Most recent year for which detailed data is available. Source: California Department of Tax and Fee Administration, Taxable Sales in California–Taxable Sales–Cities by Type of Business (Taxable Table 4). For Fiscal Year 2024-25, the City estimates sales tax revenues at $145.3 million, representing an approximate decrease of $6.4 million (4.2%) compared to Fiscal Year 2023-24. The City is projecting Sales Tax to increase by $3.5 million in Fiscal Year 2025-26 to $148.7 million, a 2.4% increase compared to the Fiscal Year 2024-25 estimate. Charges for Services Charges for services consists primarily of development permit fees generated by construction within the City, inspection fees, and parking charges/fines. A-18 Fiscal Management Policies The City Council has adopted various policies to provide structure, foster efficient management, and impose procedures and limitations, including, but not limited to those summarized below. Complete copies of policies adopted by the City Council can be found at www.fresno.gov/cityattorney/policies/. Fiscal Sustainability Policy. In March 2012, the City Council adopted a comprehensive Fiscal Sustainability Policy to ensure core City services are funded, negative fund balances, if any, are restored, and emergency and maintenance reserves are maintained at least at minimally acceptable levels. Adoption of this policy resulted in the subsequent adoption of the Debt Management Polices, the Better Business Act and the Labor-Management Act, each summarized below. Debt Management Policies. In 2009, the City adopted the Taxpayer Protection Act, as amended, that established Debt Management Policies to improve oversight of City financial resources, enhance the City’s credit Quality, and provide more standardization, rationalization and transparency for issuance of debt to protect taxpayers. The Debt Management Policy was updated in April 2017 to ensure compliance with Senate Bill 1029 (SB 1029) that required municipal issuers of local debt to certify that they have adopted local debt policies. The Debt Management Policies, among other things, establishes objectives and parameters to plan an, issue, and administer City debt with the purpose of maintaining the City’s ability to incur debt and other long-term obligations at favorable interest rates for capital improvements, facilities and beneficial equipment. The purpose of the Debt Management Polices is to assist the City in: (i) minimizing debt service and issuance costs; (ii) maintaining access to cost-effective borrowing; (iii) achieving the highest practical credit rating; (iv) providing for the full and timely repayment of debt; (v) balancing use of pay-as-you-go and debt financing; and ensuring compliance with applicable State and federal laws. The following summarizes key provisions of the Debt Management Policy: (i) net direct debt (i.e. General Fund and other tax supported debt) should not exceed 3% of assessed value; (ii) net direct service should be less than 10% of General Fund appropriations; and (iii) 35% of net direct debt should be retired in 10 years and at least 40% should be retired within 15 years. Better Business Act. In May 2009, the City Council adopted the Better Business Act to provide for uniform due diligence and oversight on private projects seeking City financial assistance of more than $1 million. Labor-Management Act. The City adopted the Labor Management Act, most recently amended in April 2014, to standardize and reinforce best practices for labor management policies for the City, ensure that the role of the City Manager as the chief negotiator for the City isn’t compromised, and to improve fiscal accountability and transparency in City government. Investment Policy Highlights of Investment Policy. The City maintains a written policy for investing public funds, which is approved annually by the City Council. The primary objectives of which, in order of importance, are: (i) complying with all State and City legal directives to conform with GAAP as promulgated by the Government Accounting Standards Board (“GASB”) and guidance furnished by other governmental and industry professional organizations, (ii) ensuring the safety of funds invested, (iii) providing liquidity sufficient to meet all cash needs of the City as they become due; (iv) optimizing the rate of return on investments within the constraints of safety and liquidity, and (v) promoting local economic development. A-19 Safety. Safety of principal is the foremost objective of the investment program. Investments of the City are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To obtain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. Thus, the standard of prudence used by investment officials of the City is the “prudent person” standard and is applied in the context of managing an overall portfolio. Authorized Investments. The City is empowered by State law to invest in certain “eligible securities” as defined in the California Government Code Sections 53601. 53601.8, and 16429.1. Authorized investments also include, in accordance with California Government Code Section 16429.1, investments in the State Local Agency Investment Fund (“LAIF”) up to the maximum permitted by the State Treasurer. Prohibited Investments. No investments may be made in inverse floaters, range notes, or mortgage-derived, interest only strips. Performance Evaluation and Reporting. Investment performance is continually monitored and evaluated by the City Treasurer and Treasury staff (the City’s Finance Director also acts as Controller and Treasurer). Management responsibility for the investment program is delegated to the Controller of the City. The Controller is responsible for establishing written procedures for the operation of the investment program consistent with the investment policy, all transactions undertaken, and establishing a system of controls to regulate the activities of subordinate officials. The Treasurer is required to prepare and submit monthly summary reports for review by the Mayor, City Manager, City Council and an internal auditor. The reports are required to list the types of investments showing the par value, book value and fair market value, unrealized gains and losses and the purchase and maturity dates for each security. Such reports are also required to include a summary of total amounts invested by category, with total par value, book value, and fair market values presented; the rate of return on the portfolio, both month and quarter, as applicable, to date and for the previous rolling 12 months; and the total earned interest on the portfolio, both month to date, and year to date. A graphic analysis is also required to be prepared showing the asset allocation, the asset allocation compared to Policy limits, the maturity schedule, and a yield comparison among the Portfolio, LAIF and the one-year Treasury rate. Investment Policy Adoption. The City’s investment policy is adopted annually by a resolution of the City Council. Any modifications made thereto must be approved by the City Council. A copy of the current investment policy is available at www.fresno.gov/wp- content/uploads/2024/07/Investment-Policy-2025.pdf. Such information is not incorporated herein by this reference. Current Investments. The City’s Finance Department prepares monthly investment reports which are available at https://www.fresno.gov/finance/financial-reports/#monthly-investment- reports. Such information is not incorporated herein by this reference. Reserve Management Act. The Reserve Management Act was adopted in 2011, and most recently reviewed and amended in December 2017, to assist the City in: (i) building adequate reserves to provide resources necessary for financial stabilization, particularly during times of unforeseen emergencies and economic downturns; (ii) establishing sound fiscal reserve policies to guide future City decisions; (iii) providing goals and objectives for all funds maintained by the City, particularly for those with constraints or designations restricting their use for current expenditure, including unassigned cash reserves; (iv) providing guidelines for the establishment, use and replenishment of City unassigned cash reserves; (v) providing guidance in meeting short-term and long-term obligations; (vi) establishing processes for periodic A-20 reporting and review of the City’s various cash reserves; and (vii) enhancing the City’s credit ratings. Under this Act, the General Fund Cash Reserve for Economic Uncertainties and Emergencies is targeted to be maintained at a minimum of 10% of the current Fiscal Year’s General Fund appropriations. As of June 30, 2024 the balance in the General Fund Cash Reserve For Economic Uncertainties and Emergencies was $46.7 million (9.48% of the total expenditures and transfers out) and is estimated to be $47.6 million (9.79% of the total expenditures and transfers out) as of June 30, 2025. The Fiscal Year 2025-26 Adopted Budget reflects a beginning balance of $47.6 million (8.62% of total expenditures and transfers out). Risk Management The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; business interruption; errors and omissions, automobile liability and accident claims; natural disasters; employee health benefit claim payments; and injuries to employees (workers’ compensation). With certain exceptions, it is policy of the City to use a combination of self-insurance and purchased commercial insurance against property, liability or workers’ compensation risks. The City believes it is more economical to manage its risks internally and set aside funds as needed for estimated current claim settlements and unfavorable judgments through annual appropriations and supplemental appropriations. The City maintains limited coverage for risks that cannot be eliminated. The Risk Management Division investigates and manages all liability claims and property losses, evaluates risk exposure and insurance needs, protects against contractual loss by reviewing/preparing insurance and indemnification portions of contractual documents, emphasizes ongoing operational loss control, and purchases all insurance coverage for the City. For Fiscal Year 2025-26, the City maintains General Liability insurance, with limits of liability of $25 million per occurrence and $25 million aggregate in Excess Liability coverage. There is a $5 million self-insured retention (“SIR”). Coverage is provided by the Safety National Insurance Company ($5 million per occurrence /$5 million aggregate), Allied World Insurance Company ($10 million per occurrence /$10 million aggregate), StarStone Specialty ($5 million per occurrence /$5 million aggregate), and Gemini Insurance ($5 million per occurrence /$5 million aggregate). The City has procured Automobile Physical Damage coverage through Hanover Insurance Company with a $10 million limit. For this policy, the deductible is $50,000 for vehicles valued at less than $150,000, while the deductible is $100,000 for vehicles valued at $150,000 or more. The City carries Government Crime coverages with a $5 million limit secured through Zurich Insurance Company with a $50,000 deductible. The City has Cyber liability coverage under AXA/Indian Harbor with a $500,000 SIR and a $5 million limit and excess Cyber liability coverage through Starr Surplus Lines Insurance Company ($5 million per occurrence/$5 million aggregate). The City also maintains Airport Owners and Operators General Liability insurance and Aviation (Aircraft Liability), with limits of liability of $100 million. There is no deductible or SIR. Coverage is provided by Old Republic Insurance Company through Phoenix Aviation Managers (Texas), Inc. Furthermore, the City maintains Property insurance and Boiler and Machinery insurance, with Travelers Insurance, with total insured values of $2,668,347,903 with aggregate coverage of $500,000,000/$50,000,000 per occurrence. There is a $100,000 deductible for most losses. Flood losses have a $250,000 deductible. Property insurance does not cover losses due to seismic events. Finally, the City maintains Aviation (Aircraft Hull) insurance for two helicopters, with limits of liability of $50 million in aggregate. Each claim is subject to a deductible of 1.0% of the insured value of each helicopter, up to a maximum of $15,000. This includes a rotors in-motion deductible of $15,000 and a $0 deductible for rotors not- in-motion. Coverage is provided by Old Republic Insurance Company through Old Republic. The City’s Workers’ Compensation Program consists of $2 million SIR, with purchased excess insurance layers up to the statutory limits. With the exception of one pending claim, settled claims have not A-21 exceeded the SIR in any of the last four Fiscal Years. The claims liabilities and workers’ compensation liabilities reported on the Statement of Net Position have been actuarially determined and include an estimate of incurred but not reported losses. The estimated liabilities of the Risk Management Internal Service Fund as of June 30, 2024, were determined by the City based on recommendations from an independent actuarial evaluation. The liabilities are based on estimates of the ultimate cost of claims (including future claim adjustments expenses) that have been reported but not settled and claims that have been incurred but not reported (“IBNR”). The claims liability of $260.3 million reported in Risk Management Internal Service Fund at June 30, 2024 was based on the requirement that claims be reported if information prior to the issuance of the financial statements indicates it is probable that a liability has been incurred at the date of the financial statements and the amount of loss can be reasonably estimated. Of the claims liability amount, $39.3 million in Workers’ Compensation and $23.1 million in Liability and Property Damage is estimated to be payable in in Fiscal Year 2025-26. The recorded liabilities for each program at June 30, 2024 were as follows (in thousands): Workers’ Compensation† $165,631 Liability and Property Damage† 94,643 TOTAL $260,274 _______________ † The liability for workers’ compensation and general liability are presented at present value, using a discount rate of 3%. Source: City of Fresno. For additional information with respect to the City’s Risk Management Internal Service Fund, see APPENDIX B–“CITY OF FRESNO, CALIFORNIA, ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024–NOTE 10–Risk Management Fund.” Anticipated Capital Projects and Funding Sources Capital Improvement Program. Development of the Fiscal Year 2026-2030 Capital Improvement Program (“Fiscal Year 2026-2030 CIP”) is an intensive, ongoing process, involving a comprehensive review of the goals and direction of the City’s future infrastructure needs. The overriding mission of this review is to determine specific priorities, starting with the vital work being done to revitalize and reinvigorate the Downtown area; then to sequence those priorities to enable the City to effectively concentrate its capital investment. The capital planning process takes into consideration the financial impact to the City's citizens, balancing the ever-changing needs of the City with the capacity of the City and its taxpayers and ratepayers to finance those improvements and factoring in the ongoing maintenance costs that are associated with those planned improvements. The Fiscal Year 2026-2030 CIP was adopted by the City Council on June 17, 2025, and includes $2.223 billion for projects that range from construction of new facilities to the updating of existing structures, street improvements, sidewalk repairs, and utility infrastructure maintenance. For the initial year of the five-year CIP (Fiscal Year 2025-26), the Capital Program contains new and ongoing projects with a combined projected cost of $899.5 million. Capital Revenue Sources. In Fiscal Year 2025-26, Federal Grants are budgeted at $200.1 million and will be used for main arterial street rehabilitation/improvements for Public Works ($36.1 million); Federal Aviation Authority Grants for Fresno Yosemite International Airport ($66.0 million); and Federal Transportation Agency and State Proposition 1B Transit Grants for Fresno Area Express ($98.0 million). See Figure 1. A-22 Figure 1 State Grants are budgeted at $216.9 million and are expected to provide funding for the new Regional Fire Training Center ($23.0 million); street related improvements and repairs in Public Works ($114.7 million); $45.6 million in the Capital Projects Department for Downtown Improvements; and, State Cap-and-Invest and SB1 Grant funding for Fresno Area Express (“FAX”) totaling $32.6 million. Only 1.05% of the Fiscal Year 2025-26 CIP projects are expected to be funded with General Fund revenues. In Fiscal Year 2025-26, Enterprise Funds capital totals $139.8 million and provides funding for water well and sewer line construction and rehabilitation in Public Utilities totaling $118.4 million; Airports has budgeted $15.2 million for airfield, terminal, facility and parking lot repairs and upgrades; and, FAX has budgeted $5.9 million for bus purchases and other capital projects. Uses of Capital Funding. Capital funding is dedicated to a variety of programs and projects such as the Neighborhood Infrastructure improvement and the Blackstone / McKinley Grade Separation projects in the Public Works Department. See Figure 2. Figure 2 Major capital projects in the Department of Public Utilities include Water System Rehabilitation and Replacement to include water main replacements and well construction, improvements at the Northeast Surface Water Treatment Facility, Regional Transmission Main expansion, and funding to maintain components at the Wastewater Treatment Facility. The Airports Department is expanding the terminal concourse at Fresno Yosemite International Airport and modernizing the TSA manual baggage screening system. The FAX Department’s capital projects include replacing aging compressed natural gas (CNG) buses, the purchase of hydrogen fuel cell electric buses, and the purchase of new Handy Ride paratransit buses. With the new battery- electric buses (BEB), the FAX is also working on charging infrastructure projects. Table A-12 below summaries the City’s Fiscal Year 2026-2030 CIP by department. A-23 Table A-12 City of Fresno Capital Improvement Projects by Department Fiscal Years 2025-26 through 2029-30 ($000s) FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 5 Year CIP CIP CIP CIP CIP CIP Department Name Projects Projects Projects Projects Projects Total Police Department $2,847 $0 $0 $0 $0 $2,847 Fire Department 23,993 0 0 0 0 23,993 PARCS Department 55,439 73,587 73,367 23,294 17,493 243,180 Public Works Department 412,844 77,200 28,043 9,512 9.967 537,566 Capital Projects Department 45,633 940 0 0 0 46,572 Department of Public Utilities 140,718 184,613 176,865 159,185 149,584 810,965 Airports Department 81,325 100,489 87,919 23,949 18,819 312,499 Convention Center & Stadium Department 285 0 0 0 0 285 Fresno Area Express Department 136,463 38,936 29,386 28,718 11,536 245,038 Total Capital Appropriations $899,547 $475,765 $395,580 $244,658 $207,399 $2,222,945 Source: City of Fresno Fiscal Year 2025-26 Adopted Budget. State Fiscal Year 2025-26 Budget. The Adopted Fiscal Year 2025-26 State Budget includes $100 million to support public infrastructure projects in Downtown Fresno and Chinatown, aimed at catalyzing high-density housing and advancing key infrastructure and economic development. Combined with the initial $50 million allocated in the 2023-24 State Budget, this funding will support the modernization of aging water and sewer systems, construction of parking structures to facilitate housing and commercial growth, and improvements to pedestrian safety, sidewalks, lighting, and greenspace. This investment will be combined with additional public and private resources and forms part of a broader $250 million commitment made in the 2023-24 State Budget. See also “–State Budgets.” Measure C Adopted by voters in 1986 and renewed in 2006, the Fresno County Regional Transportation Program Transactions and Use Tax, commonly referred to as Measure C, is a local ½-cent sales tax dedicated to improving transportation infrastructure across Fresno County. Measure C is projected to generate approximately $33.2 million for the City in Fiscal Year 2025-26 to support a wide range of transportation projects, including street and highway improvements, public transit enhancements, trail and bike lane expansions, and programs that promote air quality and mobility for seniors and individuals with disabilities. The current Measure C is set to expire in 2027, and regional stakeholders are actively engaged in planning efforts for a potential renewal measure to be placed before voters in 2026. Measure P Adopted by the voters in 2018, the Fresno Clean and Safe Neighborhood Parks Transactions and Use Tax, commonly referred to as Measure P, is a 30-year local sales tax measure designed to fund park improvements and related programs within the City of Fresno. Specifically, Measure P imposes a 3/8-cent sales tax that is projected to generate $47.2 million in Fiscal Year 2025-26 to enhance parks and recreational facilities, fund arts and cultural programs, and improve the overall safety and cleanliness of Fresno's parks A-24 Employer-Employee Relations City employees are represented by various unions and associations, and labor relations have been generally amicable. Currently, 95% of City employees are represented by a union or association. Table A-13 summarizes the names of the unions or associations, the length of and expiration dates for the contracts. The City expects that the expired contracts will be replaced with new contracts in due course. Table A-13 City of Fresno Employee Contracts Union/Association Number of Employees Length of Contract (Years) Expires(1) International Association of Fire Fighters, Local 753/Unit 10 19 1 June 15, 2025 Fresno City Employee Association/Unit 03 1,000 1 June 15, 2025 International Association of Firefighters, Local 753/Units 05 320 1 June 15, 2025 Amalgamated Transit Union, Division 1027/Unit 06 317 2.9 June 15, 2025 City of Fresno Professional Employees Association/Unit 13 446 1.5 June 15, 2025 Fresno Airport Public Safety Supervisors/Unit 11(2) 21 1 June 15, 2025(3) Fresno Police Officers Association/Unit 04 817 2 June 13, 2027(3) Fresno Police Officers Association Police Management/Unit 09 32 2 June 13, 2027(3) City of Fresno Management Employees Association/Unit 14 178 2 June 13, 2027(3) I.U.O.E. Stationary Engineers, Local 39/Unit 01 827 2.5 June 15, 2025 International Brotherhood of Electrical Workers, Local Union 100/Unit 07 69 1 June 15, 2025 __________________ (1) Negotiations are currently in process. Members of these bargaining units continue to work pursuant to the terms of the respective expired contracts. (2) The former Fresno Airport Public Safety Supervisors/Unit 15 has been merged into this bargaining unit. (3) The City has entered into a tentative agreement with Fresno Airport Public Safety Supervisors (Unit 11) and has formalized agreements with the Fresno Police Officers Association (Unit 4), Fresno Police Officers Association Police Management Unit (Unit 9), and City of Fresno Management Employees Association (Unit 14). The cost associated with these agreements were incorporated into the Fiscal Year 2025-26 Adopted Budget. Source: City of Fresno Labor Relations Division. Health Benefit Plan The City offers its employees participation in the Fresno City Employees Health and Welfare Trust Plan (the “Health and Welfare Plan”). The Health and Welfare Plan offers a self-insured medical plan for full-time and permanent part-time employees and their dependents and also provides dental, vision, pharmacy, mental health and chiropractic coverage. Two medical plan options are available to employees. Employees have the opportunity, on an annual basis, to elect either a higher benefit level Preferred Provider Organization (“PPO”) option or a reduced benefit level PPO option. Employees electing to receive the higher benefit level option pay a percentage of the monthly premium through payroll deductions. Employees electing the lower benefit level pay nothing for their coverage. The percentage of the premium the employee is required to pay to receive the higher benefit level is negotiated by each bargaining unit. All units and unrepresented employees with the exception of Police Cadets have negotiated a 70%- 30% contribution split. The City contributes 70% of the premium, and the employees, if they wish to have the higher benefit level PPO, contribute 30% of the premium. If they choose not to contribute, the medical benefits are reduced by 35%. One group of unrepresented employees continues to have a different contribution amount than the balance of the other employees. For City unrepresented Police Cadets, the City contributes 80% of the A-25 premium and the employees, if they wish to have the higher benefit level PPO, contribute 20% of the premium. If they choose not to make the contribution, the medical benefits are reduced by 35%. This reduction results in the plan paying 52% of covered charges and the employee being responsible for 48% of covered charges. City retirees are also eligible for participation in the plans by paying the full blended premium cost. The Health and Welfare Trust Board approved the purchase of a $500,000 stop-loss insurance policy on May 11, 2016. This policy was increased to $550,000 in Fiscal Year 2022-23 and renewed on July 1, 2025. The purpose of the policy was to protect the Health and Welfare Trust from having to pay any claim or series of claims associated with one case that totaled more than $550,000. In addition to the stop- loss insurance, the Health and Welfare Trust Board also approved a policy of setting aside a portion of the fund balance of the Health and Welfare Trust Fund's for the payment of catastrophic health claims. For Fiscal Year 2024-25, the City’s cost for all employee health benefits is estimated at $53.2 million and is budgeted at $61.5 million for Fiscal Year 2025-26. For additional information regarding the Health and Welfare Plan, see APPENDIX B–“CITY OF FRESNO, CALIFORNIA, ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024–Notes to Financial Statements–Note 11.E–Health Benefit Plan.” City Retirement Systems Overview. The City sponsors two single-employer, contributory, defined benefit plans for its employees, established under by Articles 3 and 4, Chapter 3 (the “Fire and Police Retirement System”) and Article 5, Chapter 3 (the “Employees Retirement System” and together with the Fire and Police Retirement System, the “Retirement Systems”) of the City Municipal Code. The Retirement Systems provide lifetime retirement, disability, and death benefits to its members. The Retirement Systems are administered by the City of Fresno Fire and Police Retirement Board with respect to the Fire and Police Retirement System and the City of Fresno Employees’ Retirement Board with respect to the Employees Retirement System (together, the “Retirement Boards”). The Retirement Systems operate in compliance with the City Municipal Code and in accordance with the California Pension Protection Act of 1992. The Retirement Boards do not operate under the control of the City Council and have the sole and exclusive responsibility to administer the respective Retirement System in a manner that will assure prompt delivery of benefits and related services to their members and their beneficiaries. Information Regarding the Retirement Systems. The Retirement Systems issue publicly available financial reports that include financial statements and required supplementary information. Copies of the reports may be obtained by writing the City of Fresno Retirement Office, 2828 Fresno Street, Suite 201, Fresno, California 93721 or by accessing the website for the Retirement Systems at www.cfrs-ca.org. Such information is not incorporated herein by this reference. See also APPENDIX B–“CITY OF FRESNO, CALIFORNIA, ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024–NOTE 11.A–RETIREMENT PLANS–Funding Policy.” Benefit Provisions. For a description of benefit provisions provided by the Retirement Systems, see APPENDIX B–“CITY OF FRESNO, CALIFORNIA, ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024–Note I11–Employee Benefit Programs, A.–Retirement Plans.” Funding Requirements and Policy Components. The annual funding requirements for the Retirement Systems are comprised of payment of the Normal Cost (the portion of the Actuarial Present Value of Future Benefits) and a payment on the Unfunded Actuarial Accrued Liability (a “UAAL”), if applicable. The Normal Cost and the amount of the payment on UAAL are determined by three components of the respective Retirement Board’s funding policy: (i) Actuarial Cost Method – the techniques used to allocate the cost/liability of retirement benefits to a given period; (ii) Asset Smoothing Method – the A-26 techniques that spread the recognition of investment gains or losses over a period of time for the purposes of determining the Actuarial Value of Assets used in the actuarial valuation process; and (iii) Amortization Policy – the decisions on how, in terms of duration and pattern, to fund the difference between the AAL and the Actuarial Value of Assets in a systematic manner. The City's funding requirements as of June 30, 2024 were measured as of June 30, 2023 and were determined by an actuarial valuation as of June 30, 2023, Although as of June 30, 2024, the Retirement Systems did not have a UAAL, the City continues to make its annual Normal Cost contributions. The Retirement Boards adopted an Amortization Policy which sets forth the amortization procedures for funding any UAAL or amortization and allocation of any available surplus in the Retirement Systems. A detailed description of the policy can be found in the notes to the financial statements for the Retirement Systems located at: https://cfrs-ca.org/fire-and-police-retirement-system for the Fire and Police System and at https://cfrs-ca.org/employee-retirement-system for the Employees System. The information on such websites are not incorporated herein by this reference. The Retirement Systems use a five-year smoothing of market gains and losses above and below the assumed actuarial rate of return (6.75%) to derive the actuarial value of assets. As of June 30, 2024, the actuarial valuation of the Fire and Police System was $2.0 billion with a funded percentage of 114.9% on a valuation basis of assets, and the actuarial valuation of the Employees System was $1.6 billion with a funded percentage of 109.8% on a valuation basis of assets. Funding Policy. The City contributes to the Retirement Systems based upon actuarially determined contribution rates following recommendations from the independent actuary for each Retirement System upon completion of their annual actuarial valuation. Rates are presented as a percentage of the City’s annual covered salary or payroll. Fire and Police System. For the Fire and Police System, as a result of the System’s funding status, the City Council took action to fund the average employer contribution rate for Fiscal Year 2025-26 (based on the June 30, 2022 valuation) at 21.08% of compensation, and the average employee contribution rate is 9.0% of compensation. All active Fire and Police System members are required to make contributions to the Fire and Police System. Employee contribution rates vary in Tier 1 according to entry age. The Tier 1 average member contribution rate for Fiscal Year 2025-26 (based on the June 30, 2022 valuation) is 0.00% of compensation, and the employee contribution rates for Tier 2 were established at 9.0% of pensionable base pay. Employee Retirement System. For the Employees System, as a result of the funding status of the Employees Retirement System, the City Council took action to fund the average employer contribution rate for Fiscal Year 2025-26 (based on the June 30, 2022 valuation) at 13.38% of compensation. The average employee member contribution rate for Fiscal Year 2025-26 (based on the June 30, 2022 valuation) is 8.9% of compensation. As a result of City Council action, the contribution rates for each Retirement System were established at the levels outlined in the respective Annual Actuarial Review as of June 30, 2022. The respective Boards of the Retirement Systems have challenged this action and are currently disputing the City’s contribution levels. A-27 Actuarial Assumptions. The total pension liability of each plan as of June 30, 2023 was determined by an actuarial valuation of June 30, 2023. The actuarial assumptions used in the valuation were based on the results of an actuarial experience study for the period from July 1, 2018 through June 30, 2021. In particular, the following actuarial assumptions were applied to all periods included in the measurement: Inflation 2.5% Salary increases 3.75% to 11.50%, varying by service, including inflation (Employees System) 4.00% to 13.00%, varying by service, including inflation (Fire and Police System) Investment rate of return 6.75%, net of pension plan investment expense, including inflation Other assumptions See Appendix A in the Annual Comprehensive Financial Reports for the Employee’s Plan and the Fire/Police Plan for the Fiscal Year Ended June 30, 2024 for the service retirement rates after they have been adjusted to treat Deferred Retirement Option Program (“DROP”) participation as service retirement. Rate of Return. For Fiscal Year 2023-24, the annual money-weighted rate of return on pension plan investments, net of pension plan expense, was 10.4% for the Retirement Systems. The money- weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts actually invested. Membership and Benefit Eligibility. All permanent full-time employees of the City, except sworn Fire and Police personnel, are eligible to participate in the Employees’ Retirement System. The Fire and Police is one Retirement System with two tiers. Effective August 28, 2008, the City added the Fire and Police Tier 2 for all full-time sworn Fire, Police and Airport safety personnel hired on or after that date (and closed the Fire and Police Tier 1 to new entrants). Employees become eligible for membership on their first day of full-time regular employment and become fully vested after earning five years of service credit. Employees working in limited, interim, provisional, temporary, seasonal or part-time positions are not eligible to participate in the Retirement Systems. Participation is mandatory if an employee is eligible, except in the case of the City Manager, City Attorney, City Clerk, Department Heads, and City Council Assistants who may negotiate other retirement benefits if such an agreement is established by resolution of the City Council as provided for in the Fresno Municipal Code Section 5-318. Set forth below is ten-year historical member population information for the Retirement Systems. A-28 Table A-14 Fire and Police Retirement System Member Population (2015 through 2024) Year Ended June 30 Active Members(1) Inactive Vested Members(2) Retired Members and Beneficiaries Total Retired and Inactive Ratio of Inactives to Actives Ratio of Retired Members and Beneficiaries to Actives 2015 993 87 1,005 1,092 1.10 1.01 2016 1,054 102 1,011 1,113 1.06 0.96 2017 1,086 117 1,046 1,163 1.07 0.96 2018 1,133 115 1,066 1,181 1.04 0.94 2019 1,123 121 1,085 1,206 1.07 0.97 2020 1,095 126 1,107 1,233 1.13 1.01 2021 1,082 124 1,126 1,250 1.16 1.04 2022 1,134 138 1,154 1,292 1.14 1.02 2023 1,203 162 1,188 1,350 1.12 0.99 2024 1,225 185 1,223 1,408 1.15 1.00 _______________ (1) Includes DROP members. (2) Comprised of former employees who have accumulated benefits but are not yet receiving them and retirees or their beneficiaries currently receiving benefits who are entitled to receive a refund of their member contributions. Sources: City of Fresno Fire and Police Retirement System Actuarial Valuation and Review Report as of June 30, 2024 (which reflects the valuation as of June 30, 2022). A-29 Table A-15 Employees Retirement System Member Population (2015 through 2024) Year Ended June 30 Active Members(1) Inactive Vested Members(2) Retired Members and Beneficiaries Total Retired and Inactive Ratio of Inactives to Actives Ratio of Retired Members and Beneficiaries to Actives 2015 1,888 263 1,790 2,053 1.09 0.95 2016 1,958 282 1,858 2,140 1.09 0.95 2017 2,085 304 1,919 2,223 1.07 0.92 2018 2,163 316 1,981 2,297 1.06 0.92 2019 2,228 336 2,045 2,381 1.07 0.92 2020 2,288 342 2,088 2,430 1.06 0.91 2021 2,313 370 2,132 2,502 1.08 0.92 2022 2,431 433 2,176 2,609 1.07 0.90 2023 2,694 508 2,229 2,737 1.02 0.83 2024 2,963 592 2,307 2,899 0.98 0.78 _______________ (1) Includes DROP members. (2) Comprised of former employees who have accumulated benefits but are not yet receiving them and retirees or their beneficiaries currently receiving benefits who are entitled to receive a refund of their member contributions. Sources: City of Fresno Fire and Police Retirement System Actuarial Valuation and Review Report as of June 30, 2024 (which reflects the valuation as of June 30, 2022). A-30 Schedule of Funding Progress. Set forth below are the 10-year historical trend information for the Retirement Systems. The values reported below represent actuarial values; note that these values differ from the market values: Table A-16 Fire and Police Retirement System Schedule of Funding Progress Ten Most Recent Fiscal Years Available ($ in thousands) Actuarial Valuation Date As of June 30 Actuarial Value of Assets (a) Actuarial Accrued Liability (AAL) (b) Prefunded AAL (UAAL) (a)–(b) Funded Ratio (%) (a)/(b) Covered Payroll (c) Prefunded AAL/(UAAL) as a Percentage of Covered Payroll (%) [(a) - (b)]/(c) 2015 $1,220,269 $1,019,916 $200,353 119.6% $95,262 210.3% 2016 1,276,604 1,067,416 209,188 119.6 98,818 211.7 2017 1,354,974 1,131,348 223,626 119.8 102,679 217.8 2018 1,436,725 1,194,731 241,994 120.3 110,972 218.1 2019 1,495,023 1,277,749 217,274 117.0 115,073 188.8 2020 1,547,641 1,331,146 216,495 116.3 117,902 183.6 2021 1,695,906 1,395,140 300,766 121.6 120,177 250.3 2022 1,791,487 1,486,611 304,876 120.5 127,826 238.5 2023 1,876,149 1,607,286 268,863 116.7 141,841 189.6 2024 1,991,117 1,732,763 258,354 114.9 157,870 163.6 _______________ Sources: City of Fresno Fire and Police Retirement System Actuarial Valuation and Review Report as of June 30, 2024 (which reflects the valuation as of June 30, 2022). A-31 Table A-17 Employees Retirement System Schedule of Funding Progress Ten Most Recent Fiscal Years Available ($ in thousands) Actuarial Valuation Date As of June 30 Actuarial Value of Assets (a) Actuarial Accrued Liability (AAL) (b) Prefunded (Unfunded) AAL (UAAL) (a)–(b) Funded Ratio (%) (a)/(b) Covered Payroll (c) Prefunded AAL/(UAAL) as a Percentage of Covered Payroll (%) [(a)-(b)]/(c) 2015 $1,049,093 $960,364 $88,729 109.2% $110,107 80.6% 2016 1,087,125 976,909 110,216 111.3 113,436 97.2 2017 1,145,061 1,013,684 131,377 113.0 125,915 104.3 2018 1,202,691 1,047,692 154,999 114.8 134,946 114.9 2019 1,238,651 1,106,660 131,991 111.9 145,458 90.7 2020 1,269,173 1,155,060 114,113 109.9 156,355 73.0 2021 1,380,265 1,189,980 190,285 116.0 160,372 118.7 2022 1,449,730 1,271,762 177,968 114.0 171,676 103.7 2023 1,509,532 1,358,214 151,318 111.1 197,807 76.5 2024 1,600,473 1,457,747 142,726 109.8 238,367 59.9 _______________ Sources: City of Fresno Fire and Police Retirement System Actuarial Valuation and Review Report as of June 30, 2024 (which reflects the valuation as of June 30, 2022). A-32 Schedule of Employer Contributions. Set forth below are the schedules of net employer Fire and Police contribution rates and net employer Employees contribution rates for the respective Retirement System for the 10 most recent Fiscal Years available. Table A-18 Fire and Police Retirement System Schedule of Employer Contributions Ten Most Recent Fiscal Years Available ($ in thousands) Fiscal Year Ending June 30 Actuarially Determined Contribution (ADC) † Contributions in Relation to the ADC Covered Payroll Contributions as a Percentage of Covered Payroll 2015 $18,967 $18,967 $91,075 20.83% 2016 18,738 18,738 94,266 19.88 2017 18,543 18,543 97,369 19.04 2018 19,697 19,697 103,934 18.95 2019 20,604 20,604 109,803 18.76 2020 22,324 22,324 113,843 19.61 2021 26,315 26,315 115,341 22.81 2022 27,556 27,556 122,634 22.47 2023 27,068 27,068 134,252 20.16 2024 30,635 30,635 145,669 21.03 _______________ † Actuarially determined contribution rates are calculated as of June 30, two years prior to the end of the Fiscal Year in which contributions are reported. As such, the actuarial valuation dated June 30, 2022, impacted the contribution rate for the Fiscal Year ended June 30, 2024. Source: City of Fresno Annual Comprehensive Financial Report for the Fiscal Year ended June 30, 2024. A-33 Table A-19 Employees Retirement System Schedule of Employer Contributions Ten Most Recent Fiscal Years Available ($ in thousands) Fiscal Year Ending June 30 Actuarially Determined Contribution (ADC) † Contributions in Relation to the ADC Covered Employee Payroll Contributions as a Percentage of Covered Employee Payroll 2015 $12,327 $12,327 $105,820 11.65% 2016 13,060 13,060 108,541 12.03 2017 15,205 15,205 119,007 12.78 2018 14,609 14,609 128,461 11.37 2019 14,627 14,627 138,396 10.57 2020 16,554 16,554 149,403 11.08 2021 20,144 20,144 154,031 13.08 2022 22,017 22,017 164,642 13.37 2023 22,236 22,236 186,219 11.94 2024 28,621 28,261 213,088 13.43 ________________ † Actuarially determined contribution rates are calculated as of June 30, two years prior to the end of the Fiscal Year in which contributions are reported. As such, the actuarial valuation dated June 30, 2022, impacted the contribution rate for the Fiscal Year ended June 30, 2024. Source: City of Fresno Annual Comprehensive Financial Report for the Fiscal Year ended June 30, 2024. A-34 Investment Rate of Return. Set forth below is the schedule of net rate of return for the Retirement Systems for the 10 most recent Fiscal Years available. Table A-20 Retirement Systems Schedule of Investment Returns Ten Most Recent Fiscal Years Available Fiscal Year Ending June 30 Annual Money-Weighted Rate of Return Gross of Investment Expenses Annual Money-Weighted Rate of Return Net of Investment Expenses 2015 3.32% 2.93% 2016 0.82 0.53 2017 14.73 14.35 2018 8.93 8.57 2019 5.54 5.20 2020 1.61 1.26 2021 30.85 30.43 2022 (7.12) (7.28) 2023 9.74 9.52 2024 10.56 10.38 ________________ (1) The Schedule of Investment Returns above shows the annual money-weighted rate of return on the assets of the Retirement Systems, both gross and net of investment expense for 10 Fiscal Years (2015-2024). The money-weighted rate of return expresses investment performance adjusted for timing of cash flows and the changing amounts actually invested. These returns differ slightly from the time-weighted rate of returns calculated and reported by the Retirement System’s custodian, Northern Trust, and as independently reported by the Retirement Systems’ investment consulting firm NEPC, LLC. The Retirement Systems’ custodian and investment consulting firm must use time-weighted returns as opposed to money-weighted returns in order to meet Global Investment Performance Standards for the purpose of effectively evaluating and reporting the performance of the Retirement Systems’ Investment managers. (2) The time-weighted return method is a measure of the compound rate of return of a portfolio over a stated period of time. It requires a set sub-period returns to be calculated whenever there is an external cash flow, such as a deposit or withdrawal from the portfolio. In essence, it calculates the geometric total and mean return as opposed to the arithmetic total and mean return. This method does not include or have any distortions created when money is deposited or withdrawn from a portfolio. This is in contrast to money-weighted returns. Sources: City of Fresno Comprehensive Annual Financial Reports/ for the Years Ended June 30, 2015 through 2021 and City of Fresno Annual Comprehensive Financial Reports for the Years Ended June 30, 2022 through 2024 . Net Pension Asset. The net pension liability (asset) reported as of June 30, 2024 was measured as of June 30, 2023, and determined based upon the total pension liability (on GASB Statement No. 68 basis) from actuarial valuations as of June 30, 2023. A-35 The net pension liability of the Retirement Systems, for Fiscal Year 2023-24 (the most recent year available) is set forth in Table A-21. Table A-21 Retirement Systems Net Pension Liability/(Asset) Employees System Fire and Police System Total Pension Liability $1,566,983 $1,865,741 Plan Fiduciary Net Position (1,683,313) (2,045,837) Net Pension Liability (Asset) $(116,330) $(180,096) Plan Fiduciary Net Position as a percentage of total pension liability 107.42% 109.65% ________________ Sources: City of Fresno Fire and Police Retirement System Actuarial Valuations and Reviews as of June 30, 2024. Discount Rate. The discount rate used to measure total pension liability was 6.75% as of June 30, 2024 and June 30, 2023 for the Retirement Systems. Investment Policy and Investments. The investment guidelines for the Retirement Systems reflect the duties imposed by an investment standard known as “prudent expert rule.” The prudent expert rule includes anyone who has discretionary authority with respect to the investments of the Retirement Systems. The Investment Policy for the Retirement Systems can be found at https://www.cfrs-ca.org (such information is not incorporated herein by this reference) or by contacting the Retirement Office at 2828 Fresno Street, Suite 201, Fresno, California 93721. Compensated Absences. Employees may accrue vacation leave up to 600 hours, depending on bargaining unit and tenure, which is payable upon termination. Sick leave accrues at 12 hours per month with no cap; however, its value is only partially payable at termination through a Health Reimbursement Account (HRA) for eligible bargaining units. Annual leave can be accumulated up to 1,200 hours and is payable upon separation or retirement, with a one-time annual cash-out option of the greater of 10% or 48 hours. Holiday leave has no cap and is payable upon termination or retirement. Supplemental sick leave, awarded annually to certain employee groups, is only usable after other leave balances are exhausted and may also be credited to the HRA. Since 2006, some units have elected to account for sick and supplemental sick leave through an HRA, administered by HealthComp, which is credited with interest and used to cover health premiums on a pay-as-you-go basis; these balances are not held in trust and are tracked off-line. The portion of the City’s obligation relating to the employees’ rights to receive compensation for leave balances attributable to services already rendered is accrued when incurred in the Government-Wide, Proprietary, and Fiduciary Fund Financial Statements. Compensated absences upon termination are funded through a cost allocation formula which is based upon a citywide history of payouts (approximately $2 million per year). Accruals are reviewed by bargaining unit and the $2 million base is allocated in proportion to each unit’s current liability for a contribution per unit cost. This unit cost is then converted to a cost per employee and becomes part of the budgeted employee services cost in each department’s annual base budget. The accrued employee leave balance payable from the General Fund as of June 30, 2024 was $97.68 million of which the current portion was $15.74 million. A-36 Other Post-Employment Benefits Plan Description. The City of Fresno Retirees Healthcare Plan (the “Retirees Healthcare Plan”) is a single-employer defined benefit medical plan administered by HealthComp and funded through the City of Fresno Health and Welfare Trust. It is reported as an Internal Service Fund of the City and provides Other Post-Employment Benefits (“OPEB”) to eligible retirees and his/her dependents, spouse or domestic partner. The City does not accumulate assets in a dedicated trust, or equivalent arrangement, for the purpose of funding its retirement healthcare obligation. Therefore, the actuarial value of the Retirees Healthcare Plan assets is zero. The trust does not issue separate publicly available financial statements. GASB Statement No. 75, Accounting and Financial Reporting by Employers for Post-Employment Benefits Other than Pensions, requires governments to account for OPEB on an accrual basis, rather than on a pay-as-you-go basis. The effect is the recognition of an actuarially determined expense on the Statement of Activities when a future retiree earns their post-employment benefits, rather than when they use their post-employment benefits. The post-employment benefit liability is recognized in the Statement of Net Position over time. Contributions. The City provides post-employment healthcare benefits for certain eligible retirees. OPEB includes the authorization for retirees to purchase health insurance through the Retirees Healthcare Plan at current employee rates. The establishment and amendment of benefit provisions are negotiated between the employee bargaining units and the City and are recommended by the City Manager subject to the approval of the Mayor and the City Council. While participant retirees pay 100% of their premium costs, they are allowed to purchase insurance at blended premium rates (“the implicit subsidy”). Thus, the City’s contribution is deemed to be that portion of retiree claims costs over premiums required to be contributed by retirees. Currently, the City does not pre-fund retiree health benefits and instead provides benefits on a pay-as-you-go basis. Employees Covered. The chart below summarizes the employees covered by the benefit terms as of July 1, 2024. Inactive employees or beneficiaries currently receiving benefit payments 401 Inactive employees entitled to but not yet receiving benefit payments – Active employees 3,873 Total participants covered by OPEB plan 4,274 _______________ Source: City of Fresno Annual Comprehensive Financial Report for the Year Ended June 30, 2024. Net OPEB Liability. The City's net OPEB liability of $109.4 million was measured as of June 30, 2023, and was determined by an actuarial valuation as of June 30, 2022 to determine the June 30, 2024 total OPEB liability. While participant retirees pay 100% of their premium costs, they are allowed to purchase insurance at blended premium rates (“the implicit subsidy”). Thus, the City’s contribution is deemed to be equal to the implicit subsidy, which is the portion of retiree claims costs over premiums contributed by retirees. A-37 Actuarial Methods and Assumptions. The net OPEB liability was determined using the following actuarial assumptions and other inputs, applied to all periods included in the measurement, unless otherwise specified: Reporting Dare June 30, 2024 Measurement Date† June 30, 2023 Valuation Date June 30, 2023 Discount Rate 3.93% Healthcare Coast Trend Rates: Current Year Trend 5.04% / 4.82% Second Year Trend 7.50% / 4.54% Decrement N/A Ultimate Trend 4.54% Year Ultimate Trend is Reached 2090 Salary Increases 3.50% Actuarial Cost Method Entry Age Normal (percent of salary) _______________ Source: City of Fresno Annual Comprehensive Financial Report for the Year Ended June 30, 2024. The discount rate was based on the index provided by Bond Buyer 20-Year General Obligation Index based on the 20-year AA municipal bond rate as of June 30, 2020. Mortality rates were based on the SOARP-2014 Total Dataset Mortality with Scale MP-2019 (Base Year 2006). Sensitivity of the Net OPEB Liability to Changes in the Discount Rate. The June 30, 2023 valuation was prepared using a discount rate of 3.93%. If the discount rate were 1% higher than what was used in this valuation, the Net OPEB Liability would decrease to $97.5 million or by 10.7%. If the discount rate were 1% lower than was used in this valuation, the Net OPEB Liability would increase to $123.4 million, or by 12.7%. 1% Decrease 2.93% Current Discount Rate 3.93% 1% Increase 4.93% Net OPEB Liability ($ in thousands) $123,402 $109,448 $97,734 _______________ Source: City of Fresno Annual Comprehensive Financial Reports for the Year Ended June 30, 2024. A-38 Sensitivity of the Net OPEB Liability to Changes in the Healthcare Cost Trend Rates. The June 30, 2023 valuation was prepared using an initial trend rate of 5.04% / 4.82%. If the trend rate were 1% higher than what was used in this valuation, the Net OPEB Liability would increase to $128.1 million or by 17.1%. If the trend rate were 1% lower than was used in this valuation, the Net OPEB Liability would decrease to $94.5 million or by 13.7%. 1% Decrease Current Healthcare Cost Trend Rates 1% Increase Net OPEB Liability ($ in thousands) $94,462 $109,448 $128,071 _______________ Source: City of Fresno Annual Comprehensive Financial Report for the Year Ended June 30, 2024. OPEB Expense. For the Year ended June 30, 2024, the City recognized an OPEB expense of $5.0 million, which is not a City expense under GASB. Although participant retirees pay 100% of their premium costs, the City's OPEB expense includes an implicit subsidy—the portion of retiree health claims costs that exceed those premiums due to blending retirees costs with active employee costs in a shared pool. In accordance with GASB Statement No. 75, this expense is calculated on an accrual basis and reflects the actuarially determined cost of benefits earned during the reporting period, even if no corresponding cash expense was made. See “‒Net OPEB Expense.” Healthcare Plans Claims Liability. The recorded liability for the Employees Healthcare Plan at June 30, 2024, for employee health benefit claim payments for direct provider care was $6.4 million. Changes in the funds claims liability amount for the last two fiscal years are as follows ($ in thousands): Fiscal Year Ended June 30 Beginning of Fiscal Year Liability Current Year Provision for Claims Claims Payments End of Fiscal Year Liability 2023 $7,400 $66,667 $66,167 $7,900 2024 7,900 69,512 71,012 6,400 _______________ Source: City of Fresno Annual Comprehensive Financial Report for the Year Ended June 30, 2024. Long-Term General Fund Obligations The City has never defaulted on the payment of principal of or interest on any of its indebtedness. Following is a brief summary of the lease obligations and direct and overlapping debt of the City. No General Obligation Debt. The City has no direct general obligation bonded indebtedness and has no authorized and unissued general obligation debt. Capital Lease Obligations. The City has made use of various lease arrangements with private financing entities for the use and acquisition of capital assets. These capital lease arrangements have terms ranging from three to 10 years. The longest capital lease arrangement ends in 2036 As of June 30, 2025, the City had approximately $27.4 million in capital lease obligations outstanding. Lease Revenue Bonds. The City has issued lease revenue bonds payable from the General Fund to finance various capital projects and pension obligation bonds payable from the General Fund. As of June 30, 2025, the City had approximately $107.6 million principal amount of lease revenue bonds outstanding (excluding the Series 2025 Bonds to be issued) payable from the General Fund. A-39 Pension Obligation Bonds. The City has issued pension obligation bonds payable from the General Fund to finance pension obligations. As of June 30, 2025, the City had approximately $55.4 million principal amount of pension obligation bonds outstanding payable from the General Fund. For a summary of the City’s outstanding obligations payable from the General Fund, see APPENDIX B–“CITY OF FRESNO, CALIFORNIA, ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024–Notes to the Financial Statements–Note 7: Long-Term Liabilities.” Table A-22 summarizes the long-term General Fund obligations of the City as of June 30, 2025. Certain of the obligations reflect annual payments made for debt service on lease revenue bonds or for which the General Fund is obligated as a secondary or tertiary source to make payments for debt service issued to finance capital projects. See Table A-23 for the debt service payable on the long-term General Fund obligations for Fiscal Years 2025-26 through Fiscal Year 2029-30. Table A-22 City of Fresno Long-Term General Fund Obligations (As of June 30, 2025) Issue Dated Date Original Principal Amount Outstanding Principal Amount Maturity Date Capital Leases(1) Various Various $27,406,193 Various Lease Revenue Bonds (Exhibit Hall Expansion Project) Series of 1998(2) October 1, 1998 $32,609,535 702,562 September 1, 2028 Lease Revenue Bonds (Multi-Purpose Stadium) Series 2001B (Federally Taxable)(3) June 12, 2001 22,2350,000 8,655,000 June 1, 2031 Taxable Pension Obligation Bonds Refunding Series 2002(4) February 21, 2002 205,335,000 55,400,000 June 1, 2029 Lease Revenue Bonds (Various Capital Projects) Series 2004C (Federally Taxable) April 28, 2004 28,870,000 6,540,000 October 1, 2029 Lease Revenue Refunding Bonds (Master Lease Projects), Series 2017A May 10, 2017 122,360,000 63,830,000 April 1, 2039 Lease Revenue Refunding Bonds (Master Lease Projects), Series 2017B (Federally Taxable) May 10, 2017 23,920,000 12,350,000 April 1, 2031 Lease Revenue Bonds Series 2020A (Master Lease Projects) November 3, 2020 17,145,000 15,525,000 April 1, 2046 TOTAL $190,408,755 ______________ (1) For details of the capital leases see APPENDIX B–“CITY OF FRESNO, CALIFORNIA, ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024–Notes to Financial Statements–Note 7–Long-Term Liabilities.” (2) Issued as capital appreciation bonds. Convention Center revenues are reported in the Fresno Convention Center Enterprise Fund. Debt service on these bonds is payable from the General Fund. (3) The Stadium was added as a Facility under the Master Lease and Master Sublease in connection with the issuance of the Series 2017A Bonds (4) A portion of the debt service on these bonds is paid by the City’s Enterprise Funds. That portion of the debt service is transferred to the General Fund for the debt service payment. Source: City of Fresno, Finance Department. A-40 Table A-23 City of Fresno Debt Service Schedule for Long-Term General Fund Obligations(1) Fiscal Years 2025-265 through 2029-30 As of June 30, 2025 Fiscal Year Capital Leases(2) Series 1998 Bonds(3) Series 2001B Bonds Series 2002 POBs Series 2004C Bonds Series 2017A Bonds Series 2017B Bonds Series 2020A Bonds Fiscal Year Total(1) 2025-26 $4,426,800 $189,338 $1,210,000 $12,560,000 $1,180,000 $4,970,000 $1,865,000 $455,000 $26,856,138 2026-27 3,658,752 179,895 1,295,000 13,385,000 1,250,000 5,205,000 1,935,000 480,000 27,388,647 2027-28 3,312,560 170,925 1,385,000 14,260,000 1,320,000 4,915,000 2,010,000 500,000 27,873,485 2028-29 3,051,588 162,404 1,480,000 15,195,000 1,400,000 5,155,000 2,090,000 525,000 29,058,992 2029-30 2,916,056 0 1,585,000 0 1,390,000 4,045,000 2,180,000 555,000 12,671,056 TOTAL $17,365,756 $702,562 6,955,000 $55,400,000 $6,540,000 $24,290,000 $10,080,000 $2,515,000 $123,848,318 __________ (1) Excludes the Series 2025 Bonds to be issued, (2) For details of the capital leases see APPENDIX B–“CITY OF FRESNO, CALIFORNIA, ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024– Notes to Financial Statements–Note 7–Long-Term Liabilities.” (3) The Series 1998 Bonds were issued as capital appreciation bonds. Source: City of Fresno, Finance Department. A-40 Direct and Overlapping Debt Table A-24 below sets forth a statement of direct and overlapping debt (the “Debt Report”) within the City as of July 1, 2025. The Debt Report was prepared by California Municipal Statistics, Inc. and includes only such information as has been reported to California Municipal Statistics, Inc. by the issuers of the debt described therein and by others. The Debt Report is included for general information purposes only. Neither the City nor the Underwriter take any responsibility for its completeness or accuracy of the Debt Report. Any questions concerning the scope and methodology of procedures carried out to compile the information presented should be directed to California Municipal Statistics, Inc., San Francisco, California. Table A-24 City of Fresno Direct and Overlapping Debt Statement 2024-25 Assessed Valuation: $52,145,444,669 OVERLAPPING TAX AND ASSESSMENT DEBT: % Applicable Debt 7/1/25 State Center Community College District 42.502% $ 148,325,605 Central Unified School District 82.233 250,675,983 Clovis Unified School District 48.256 262,958,919 Fowler Unified School District 4.245 2,882,163 Fresno Unified School District 84.509 682,006,505 Sanger Unified School District 24.320 59,519,426 Washington Unified School District 54.413 26,320,112 Orange Center School District 76.801 3,786,289 Washington Unified School District (former West Fresno Elementary School) 98.448 2,411,976 California Statewide Communities Development Authority Community Facilities District No. 2022-08, I.A.s 1 and 2 100.000 10,805,000 City of Fresno Community Facilities District No. 4 100.000 515,000 City of Fresno Community Facilities District No. 5 100.000 480,000 City of Fresno Community Facilities District No. 7 100.000 875,000 TOTAL OVERLAPPING TAX AND ASSESSMENT DEBT $1,451,561,978 DIRECT AND OVERLAPPING GENERAL FUND DEBT: Fresno County General Fund Obligations 46.871% $ 7,487,642 Fresno County Pension Obligation Bonds 46.871 78,385,948 Central Unified School District Certificates of Participation 82.233 77,512,012 Clovis Unified School District Certificates of Participation 48.256 75,786,048 Fresno Unified School District Certificates of Participation 84.509 3,764,876 Sanger Unified School District Certificates of Participation 24.320 28,674,590 Washington Unified School District Certificates of Participation 54.413 2,339,759 Clovis Veterans Memorial District General Fund Obligations 47.196 1,637,701 City of Fresno General Fund Obligations 100.000 107,602,562 City of Fresno Pension Obligation Bonds 100.000 55,400,000 TOTAL DIRECT AND OVERLAPPING GENERAL FUND DEBT (1) $438,591,138 COMBINED TOTAL DEBT (2) $1,890,153,116 (1) Excludes the Series 2025 Bonds to be sold. (2) Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue and non-bonded capital lease obligations. Qualified Zone Academy Bonds are included based on principal due at maturity. Ratios to 2024-25 Assessed Valuation: Total Overlapping Tax and Assessment Debt ................................... 2.78% Combined Direct Debt ($163,002,562) ......................................... 0.31% Combined Total Debt........................................................................ 3.62% ______________ Source: California Municipal Statistics, Inc. A-41 Future Financings The City will evaluate the development of the projects identified in the Fiscal Year 2026-2030 CIP which has an aggregate preliminary budgeted cost of $2.223 billion. If these projects are undertaken, the City expects they will be financed with available cash, grants, and/or through the issuance of debt. For a summary of the Fiscal Year 2026-2030 CIP, see “FINANCIAL INFORMATION–Anticipated Capital Projects and Funding Sources.” The Fiscal Year 2025-26 Adopted Budget anticipates that the City will issue $100 million in lease revenue bonds (excluding the Series 2025 Bonds) payable from General Fund revenues to finance street and road improvements throughout the City over a two-year period. It is expected that payments on these bonds will commence in Fiscal Year 2029-30. The City intends to enter into a lease-purchase arrangement with a third party to acquire a building that will serve as its Police Department Headquarters. A portion of the proceeds of the Series 2025 Bonds will be used to finance construction and installation of tenant improvements. For a description of the tenant improvements, see “PLAN OF FINANCE–2025 Projects–Police Department Headquarters Improvements. The Police Department Headquarters is not a Leased Facility under the Lease and the Sublease. ECONOMIC AND DEMOGRAPHIC INFORMATION This section of Appendix A contains general information concerning the historic economic and demographic conditions in the City. The information was obtained from the sources indicated and is limited to the time periods indicated. The information is historic in nature and reflects information available as of its dated date; it is not possible to predict whether the trends shown will continue in the future. The City makes no representation as to the accuracy or completeness of data obtained from parties other than the City. In particular certain information provided in this Section predates the COVID-19 pandemic. See “CERTAIN BONDOWNERS’ RISKS–Potential Impacts of COVID-19 and Other Health-Related Risks.” Overview The City, the county seat of the County, was incorporated in 1885. The City covers approximately 115.2 square miles, is located in central California approximately 184 miles southeast of the City of San Francisco and approximately 200 miles north of the City of Los Angeles. In addition to traditional general government functions of police and fire services, as of June 30, 2024, the City operated as enterprises more than 140,000 active water, sewer, and solid waste utility accounts, a major convention center facility, a multipurpose stadium, and two airports: The Fresno Yosemite International Airport and the Fresno Chandler Executive Airport. See also, “–ECONOMIC AND DEMOGRAPHIC INFORMATION–Transportation–Airports.” The City also provides the downtown area with 5,892 parking stalls, and 1,814 parking meters. An additional 3,661 parking spaces are provided within four City-owned parking structures. The City also provides street maintenance and other public works functions to its residents in addition to operating 1250 acres of parks (including 76 regional, neighborhood parks, community, and pocket parks), 11 skate parks, 20 community centers, one senior activity center, five gymnasiums, 102 sport courts, 94 sport fields, 10 public pools, one 18-hole golf course, and one outdoor retreat. See also, “– ECONOMIC AND DEMOGRAPHIC INFORMATION–Education and Community Services.” A-42 City Government The City is a charter city, operating under the “strong mayor” form of government. Under the strong mayor form of government, the Mayor serves as the City’s chief executive officer, appointing and overseeing the City Manager who is also the Chief Administrative Officer, recommending legislation and presenting the annual budget to the City Council. The Mayor does not participate in City Council deliberations, except by exercising veto power. The Mayor, members of the City Council and key administrative personnel of the City are listed in Table A-25 and Table A-26, respectively : Table A-25 City of Fresno Mayor and City Council Members Member Position Term Expires Jerry P. Dyer Mayor January 2, 2029 Analisa Perea, District 1 Councilmember January 5, 2027 Mike Karbassi, District 2 President January 2, 2029 Miguel Arias, District 3 Vice President January 5, 2027 Tyler Maxwell, District 4 Councilmember January 2, 2029 Brandon Vang, District 5 Councilmember January 5, 2027 Nick Richardson, District 6 Councilmember January 2, 2029 Nelson Esparza, District 7 Councilmember January 5, 2027 Table A-26 City of Fresno Key Administrative Personnel Member Position Georgeanne A. White City Manager Andrew Janz City Attorney Santino Danisi Finance Director/City Controller Todd Stermer, MMC City Clerk Total budgeted City full-time equivalent employees payable from the General Fund number 2,493.54 for Fiscal Year 2025-26, of which 1,330 are budgeted for the Police Department and 428.0 are budgeted for the Fire Department. Fire and Police protection service is provided by the City, which has 21 fire stations and five policing districts and one central headquarters within its borders. A-43 Population As of January 1, 2025, the State Department of Finance estimated that the City was the fifth largest city in the State by population and is the largest city in the County. Between January 1, 2021 and January 1, 2025, the City’s estimated population increased approximately 2.7% compared to an approximately 4.7% decrease for the County and an approximately 0.4% increase for the State for the same period. A summary of the estimated population for the City, the County and the State as of January 1, 2021 through 2025 is shown in Table A-27: Table A-27 City, County and State Population 2021 through 2025† (As of January 1) Year City County State 2021 542,445 1,088,686 39,369,530 2022 544,097 1,012,350 39,179,680 2023 545,585 1,015,633 39,228,444 2024 552,751 1,028,120 39,420,663 2025† 557,032 1,037,053 39,529,101 _____________ † Preliminary. Sources: State of California, Department of Finance, E-1 Population Estimates for Cities, Counties, and the State with annual percent change – January 1, 2024, Sacramento, California, May 1, 2025. A-44 Employment Table A-28 summarizes the annual average labor patterns in the City, the County, the State, and the United States from 2020 through 2024. Table A-28 Estimates of Civilian Labor Force, Employment, and Unemployment Annual Average for Calendar Years 2020 through 2024 Year and Area Labor Force Employment Unemployment Unemployment Rate 2024 City _____ ______ _____ __._% County 459,000 424,700 34,3000 7.5 State 19,644,100 18,600,900 1,043,100 5.3 United States 168,106,000 161,346,000 6,761,000 4.0 2023† City 246,800 232,200 14,600 5.9 County 459,000 424,700 34,300 7.5 State 19,471,000 18,551,800 920,000 4.8 United States 167,116,000 161,037,000 6,080,000 3.6 2022 City 234,800 223,100 11,700 5.0 County 453,200 424,300 28,900 6.4 State 19,251,974 18,440,895 811,079 4.2 United States 164,287,000 158,291,000 5,996,000 3.6 2021 City 231,300 212,400 18,900 8.2 County 444,500 403,900 40,600 9.1 State 8,973,377 17,586,314 1,387,063 7.3 United States 161,204,000 152,581,000 8,623,000 5.3 2020 City 233,200 207,400 25,800 11.1 County 446,500 394,500 52,000 11.7 State 18,971,560 17,047,569 1,923,991 10.1 United States 160,742 147,795,000 12,947,000 8.1 ______________. † Revised. Sources: State of California Employment Development Department, Local Area Unemployment Statistics, Annual Average for City, County and State data, and U.S. Department of Labor, Bureau of Labor Statistics for United States data. From March 2020 through 2021, the COVID-19 pandemic caused an unprecedented loss of jobs and an increase in unemployment. The State Employment Development Department reported annual 2020 unemployment rates (not seasonally adjusted) for the State of 10.1% (compared to 4.1% for 2019), 11.7% for the County (compared to 7.2% for 2019), and 11.1% for the City (compared to 5.7% for 2019). Since 2020, unemployment has declined to rates that are comparable, and in some cases better, than pre-pandemic annual unemployment rates. The preliminary unemployment rate (not seasonally adjusted) for the City for June 2025 was 7.1% (compared to 5.9% for May 2025-revised), was. 8.6% for the County (compared to 7.9% for May 2025- A-45 revised), was 5.7% for the State (compared to 4.9% for May 2025), and was 4.1% of the nation (compared to 4.2 for May 2025-revised), indicating jobless rate improvement. [[During this period, private education, health services, and government within the County increased by 3,600 jobs - Conform to latest available data ]]. Principal Employers Increasing numbers of industrial, manufacturing and service industries are moving their operations to the Fresno Standard Metropolitan Statistical Area (“SMSA”). According to the California Department of Commerce, one of the largest increases in California manufacturing employment in recent years has been in the Fresno SMSA. Seven key industries shape the City's economy, reflecting its diverse employment landscape. Over 60% of the City's workforce is engaged in public education and government, healthcare, real estate, wholesale, manufacturing, professional services, and retail. Table A-29 lists the major public and private sector employers within the City and their estimated number of full-time employees as of June 30, 2024. Table A-29 City of Fresno Principal Employers As of June 30, 2024 Employer Industry/Service Estimated Full-Time Employees Fresno Unified School District Education 13,669 Community Regional Medical Center Healthcare 9,750 County of Fresno Government 8,980 California State University, Fresno Education 5,233 City of Fresno Municipality 5,015 State Center Community College District Education 4,367 Internal Revenue Service Federal Government 4,230 Amazon.com, Inc. Online Retailer 3,900 Saint Agnes Medical Center Healthcare 3,075 Foster Farms LLC Food Producer 3,009 ______________ Source: Fresno County Economic Development Corporation. A-46 Agriculture Agriculture and food processing are major contributors to the region’s economy, and the County has led the nation in the value of annual agricultural production for many years. However, agriculture- related employment is generally located outside of the City limits and accounts for just 3% of employment within the City. According to the County Department of Agriculture, agriculture continues as the leading industry in the County and, through its multiplier effect, had a total economic impact in excess of $6.0 billion each year since 2011. Table A-30 lists the top leading agricultural crops within the County for the most recent five years for which data is available. Table A-30 County of Fresno Ten Leading Crops for Years 2019 to 2023(1) ($ in thousands) 2019 2020 2021 2022 2023(1) Grapes $962,857 $1,046,357 $1,348,592 $1,241,178 $1,339,412 Almonds 1,577,193 1,255,476 1,441,392 1,141,308 1,023,658 Pistachios 660,640 761,768 722,064 705,941 862,021 Tomatoes 322,429 381,349 419,863 429,263 601,389 Cattle and Calves 349,044 417,551 417,580 488,665 572,418 Poultry(2) 522,720 573,959 537,764 538,305 546,119 Milk 404,134 464,561 484,548 655,138 538,349 Peaches – 264,139 231,978 368,392 365,871 Garlic 370,920 398,566 286,110 351,875 309,396 Nectarines – – – – 246,369 Mandarins 240,334 – – 240,684 – Oranges 234,887 305,204 239,517 – – Onions – – – – – Cotton – – – – – TOTAL TEN LEADING CROPS 5,645,158 5,868,930 6,129,408 6,160,749 6,405,002 Other Crops 2,112,402 2,110,720 1,956,159 1,934,797 2,184,052 TOTAL $7,757,560(3) $7,979,650 $8,085,567 $8,095,546 $8,589,054 Percent Change 2.3% 2.9% 1.3% 0.1% 6.1% ______________ (1) Most recent annual data available. (2) Includes turkeys, chickens, ducks, geese, gamebirds, and eggs (3) Restated. Sources: Fresno County Department of Agriculture, Crop Reports for 2019 through 2023. Personal Income The United State Department of Commerce, Bureau of Economic Analysis (the “BEA”) produces economic accounts statistics that enable government and business decision-makers, researchers, and the public to follow and understand the performance of the national economy. The BEA defines “personal income” as income received by persons from all sources, including income received from participation in production as well as from government and business transfer payments. Personal income represents the sum of compensation of employees (received), supplements to wages and salaries, proprietors’ income with inventory valuation adjustment (IVA) and capital consumption adjustment (CCAdj), rental income of persons with CCAdj, personal income receipts on assets, and A-47 personal current transfer receipts, less contributions for government social insurance. Per capita personal income is calculated as the personal income divided by the resident population based upon the Census Bureau’s annual midyear population estimates. Table A-31 presents the latest available personal income data for calendar years 2019 through 2023 (the most recent annual data available). Table A-31 County of Fresno Personal Income Calendar Years 2019 through 2023† Year and Area Personal Income (millions of dollars) Per Capita Personal Income (dollars) 2023† County $53,633 $52,728 State 3,166,135 81,255 United States 23,380,269 69,810 2022 County 51,215 50,440 State 3,003,826 76,941 United States 22,077,232 66,244 2021(2) County 52,658 51,977 State 3,009,557 76,882 United States 21,403,979 64,460 2020† County 48,660 48,200 State 2,769,103 70,098 United States 19,660,945 59,123 2019 County 42,846 42,636 State 2,539,747 64,219 United States 18,349,584 55,567 ____________________ † Most recent annual data available. Sources: U.S. Bureau of Economic Analysis, CAINC1 County and MSA personal income summary; personal income; population, per capita income (accessed Tuesday, April 29, 2025); SAINC1 State annual personal income summary; personal income, population, per capita income; and Regional Economic Information System (accessed Tuesday, April 29, 2025). A-48 Although median household income within the City is lower than that for the State (Table A-32), median housing costs are lower. Tables A-33 and A-34 below illustrate a comparison of median home list prices per square foot and of monthly median rental prices for the 10 largest cities within the State. Table A-32 Median Household Income 10 Largest Cities Within the State City Median Income Fresno $67,000 Bakersfield 79,000 Los Angeles 80,000 Long Beach 82,000 Anaheim 85,000 Sacramento 90,000 Oakland 97,000 San Diego 104,000 San Francisco 127,000 San José 136,000 _________ Source: Census.gov. Table A-33 Median Home List Prices 10 Largest Cities Within the State per Square Foot (As of May 2025) City Price Bakersfield $241 Fresno 257 Sacramento 331 Oakland 515 Anaheim 595 Long Beach 667 Los Angeles 709 San Diego 722 San José 829 San Francisco 939 _________ Source: Realtor.com. A-49 Table A-34 Median Monthly Rental Prices 10 Largest Cities Within the State (As of May 2025) City Price Fresno $1,545 Bakersfield 1,875 Sacramento 2,074 Oakland 2,245 Long Beach 2,921 Anaheim 2,931 San José 3,100 San Diego 3,120 Los Angeles 3,187 San Francisco 3,400 _________ Source: Realtor.com. Construction Activity For Fiscal Year 2024-25, the City estimates that construction permits valued in excess of $498.4 million were issued. Of the total dollar volume of construction permits issued in Fiscal Year 2024-25, approximately 63% were issued in connection with residential projects. Building permit valuations for the last 10 Fiscal Years are summarized in Table A-35 In connection with a software update in 2025, the City discovered that the building permit valuations, as provided by the applicants, previously reported had been understated. Commencing with Fiscal Year 2024-25, the City implemented a new methodology, and therefore the data for Fiscal Year 2024-25 is not directly comparable to prior Fiscal Years. As of the date of this Official Statement the City is not able to quantify the magnitude of the understatement. A-50 Table A-35 City of Fresno Building Permit Valuation Fiscal Years 2015-16 through 2024-25 ($ in thousands) Construction Permits Issued Total Commercial Residential Fiscal Year Assessed Value Number of Permits Value Number of Units(1) Value 2015-16 $31,526,423 1,641 $209,928 8,313 $371,820 2016-17 32,941,136 1,948 453,627 11,227 396,042 2017-18 34,453,903 1,876 295,463 10,998 486,121 2018-19 36,613,201 2,988 368,487 6,470 574,652 2019-20 38,558,581 1,731 574,267 8,022 847,020 2020-21 40,869,954 1,387 523,943 9,045 833,508 2021-22 42,380,248 1,322 290,024 9,458 634,931 2022-23 45,743,954 1,774 462,719 10,796 893,149 2023-24 49,289,992 1,561 712,708 13,217 555,663 2024-25(2) 52,145,445 1,802 183,832 5,644 314,534 _____________ (1) Includes individual units and structures as appropriate-a composite of new construction, repairs and relocations. (2) Estimated number of permits based upon data available through November 2025. Sources: County of Fresno Assessors Office for Assessed Value and the City of Fresno Development Department for all other information. Sustainability Projects. In 2019, the City launched a Sustainability Division within the Public Works Department to help the City improve its energy efficiency and renewable energy goals in City owned facilities. Since its inception, the Sustainability Division has been implementing a number of transformative initiatives throughout the City, including, expanding the City’s renewable energy portfolio from a solar offset in 2020 of 1.7% to 46.3% in 2025, with a number of other projects currently under construction and final design; negotiating and developing over 34 megawatts (MW) of new solar and battery storage projects at 10 Citywide sites, replacing more than 43,000 City streetlights with light emitting diodes (LEDs) saving 8.9 million kilowatt hours annually; and developing and completing energy efficiency projects at 76 different sites at the City’s Municipal Service Center, Parks, Fire, Police, and the Department of Public Utilities facilities. The Sustainability Division is also committed to implementing the City’s Climate Action Plan (CAP) which is committed to providing livable, equitable, and economically vibrant communities which includes the reduction of GHG emissions. The City has implemented a number of sustainability and conservation efforts as a municipality to include the City’s established clean energy use goal of 50% renewable energy by 2025. For a summary of the CAP, see “CERTAIN RISKS TO BONDOWNERS–Climate Change.” A-51 Commercial Activity The City is located in the center of a California market of more than 35 million people. The City serves as the retail, financial and service center for the San Joaquin Valley. The City’s economy, stemming from its location in the nation’s number one agricultural producing county, is expanding to a broader base, including increased investment, development and employment in the industrial and commercial sectors. For information regarding taxable retail sales within the City, see “CITY FINANCIAL INFORMATION–Sales Tax–Table A-12–Taxable Retail Sales.” Transportation Highways. The City has a well-developed transportation network which includes road, rail, and bus services. State Highway 99 intersects the City. Interstate 5, the principal north-south artery in the State is located approximately 40 miles west of the City. The City is also served by State Highways 180, 168 and 41. Railroads. Amtrak railroad crosses the County with its main line generally paralleling State Highway 99, with trunk lines running into adjoining counties. Freight transportation is also provided by several intra-state and transcontinental trucking firms. High-Speed Rail. The California High-Speed Rail Authority (the “CHSRA”) is planning the construction of an approximately 800-mile high-speed rail network with 24 stations across the State. According to the CHSRA, current plans are to eventually connect San Francisco to Los Angeles with a station to be located in Downtown Fresno (one of four planned for the Central Valley), with parking facilities and connections to the City’s Bus Rapid Transit system. The current construction packages will result in 10 new grade-separated railroad crossings within the City, improving safety and reducing congestion. The Early Operating Segment from Merced to Bakersfield (the “EOS”) is expected to launch operations no earlier than 2030 and perhaps as late as 2033. On June 4, 2025 the Federal Railroad Administration (the “FRA”) issued a Notice of Proposed Determination to the CHSRA, signaling the intent of the FRA to terminate two major federal funding agreements for the California High-Speed Rail Project (the “CHSRA Project”). These agreements, totaling approximately $4 billion, were intended to support the development of a high-speed rail system connecting major metropolitan areas in California, with an initial focus on the EOS. The FRA estimates a funding gap of $7 to $9 billion for the EOS alone and that the funding gap is likely to increase in future years. If CHSRA fails to respond adequately or cannot demonstrate a viable path forward, the FRA intends to terminate the federal funding agreements. Unspent federal funds may be reprogrammed for other purposes, and the FRA reserves the right to seek repayment of funds if warranted. The CHSRA filed an initial response with the FRA on June 11, 2025 challenging the accuracy of the facts and subsequent analyses on which the FRA relied for proposing termination of federal funding, and requesting a meeting with the FRA and a 15 day extension for submittal of a CHSRA response to the FRA June 4, 2025 report. On July 16, 2025, the FRA issued a letter to the CHSRA immediately terminating federal funding for the CHSRA Project. The City does not believe that failure to complete or further delay in the completion of such project will have a material adverse effect on City finances or operations. Airports. Fresno Yosemite International Airport. The Fresno Yosemite International Airport (the “Airport”) is located approximately 7.5 miles northeast of the downtown area on approximately 1,700 acres. The Airport, which includes an approximately 63,000 square foot terminal and an approximately 88,000 A-52 square foot two-level concourse terminal building, and two asphalt runways, is the regional airport for the Central San Joaquin Valley. The Airport is served by major carriers (including two international carriers) as well as commuter and air cargo carriers. As part of an ongoing multi-year expansion program to support anticipated leisure and business passenger growth within Central San Joaquin Valley, the Airport is undertaking an approximately $147.1 million, approximately 117,800 square foot expansion of the terminal building at the Airport. The improvements include expansion of the TSA passenger screening area to enhance passenger circulation and reduce wait times, new TSA and airline baggage handling areas with added capacity and a new upper-level concourse with two dual-use passenger bridges to facilitate domestic and international boarding, larger holdrooms, space for new shopping and dining concessions, and a new international arrivals facility, tripling the size and throughput of the existing facility to serve the growing volume of international passengers. The expansion of the Airport terminal building is expected to be completed in late fall 2025. The Fresno Yosemite International Airport set an all-time annual record for passenger levels with fiscal year 2024's origin and destination passengers totaling 2,596,954, a 14.6% increase from the prior fiscal year's count of 2,265,985. Additionally, the number of plane landings increased by 29.4%, rising from 12,770 in fiscal 2023 to 16,527 in fiscal year 2024. The Airport Fund's passenger performance continues to outpace other small hub airports in the Western Pacific Region. The increase in passengers also translated into an increase in non-airline revenues.. A four-level covered parking structure with 920 spaces near terminal entrances opened in November 2021. The Airport is currently initiating construction on a project to reconfigure and expand airside surfaces to enhance aircraft circulation and parking to accommodate larger aircraft serving the new international/domestic gates. There are two military operation areas located at the Airport: the largest of which is the California Air National Guard, which operates from two areas and the California Army National Guard. Fresno Chandler Executive Airport. The City-owned and operated Fresno Chandler Executive Airport (“Chandler”), located on approximately 175 acres approximately 1.5 miles south of the downtown area, and approximately 6.5 miles northeast of the Airport. Since 1948, when airline operations were transferred to the Airport (then called Fresno Air Terminal at Hammer Field), the role of Chandler has been to serve regional aviation needs. During the early 1970’s the FAA designated Chandler as a reliever airport to the Airport as part of the National Airspace System Plan. Chandler is designed to handle 95% of all general aviation aircraft weighing less than 12,500 pounds. Bus Service. The City operates the Fresno Area Express (“FAX”) bus system serving the greater Fresno Metropolitan Area with 18 fixed-route bus lines and paratransit service. Education and Community Services According to the State Department of Education, for the 2024-25 academic year public school education within the City provided by the Fresno Unified School District 67 elementary schools, 14 middle schools, 10 high schools, six alternative schools, three special education schools, and one adult education school. In addition, the district provides oversight and evaluation to 10 neighborhood charter schools. With more than 71,151 students enrolled (including District charter schools) during Fiscal Year 2023-24, the Fresno Unified School District is the third largest district in the State. Fresno City College, a two year college within the State Center Community College District (the “College District”), was established in 1910 as the first community college in the State. Fresno City College is located in the central part of the City on East University Avenue and had an enrollment of approximately 34,000 full-time and part time-students for Fiscal Year 2023-24 (the most recent data available). The A-53 College District is headquartered in the City, adjacent to the campus. The College District constructed an approximately 35,000 square foot Career and Technology Center (the “CTC”) in the southwestern area of the City devoted to career technical education. The first phase of the CTC opened in 2019 and offers automotive repair, industrial mechanics, construction, and fire technology programs. The second phase, the West Fresno Center, opened on August 7, 2023. This phase of the CTC comprises two state-of-the-art buildings occupying approximately 110,000 square feet for the Academic Building and the Advanced Transportation Center. The approximately 388-acre California State University, Fresno (“Fresno State”) main campus and the approximately 1,000-acre University Farm are located in the northeast portion of the City. Fresno State is one of the 23 campuses of the California State University System and had an enrollment of more than 24,000 full-time equivalent students for Fiscal Year 2023-24 (the most recent academic year data available). Culture and Recreation Cultural facilities in the City include the City-owned Fresno Convention and Entertainment Center which is owned by the City and consists of four separate facilities: the Selland Arena, with a seating capacity of 7,200 and general admission floor capacity of 9,200; the William Saroyan Theatre, with a seating capacity of 2,351, the Ernest Valdez Exhibit Hall, a 32,000 square foot multi-purpose facility; and more than 66,000 square foot exhibit hall with an additional 16,000 square feet of exhibit space in the first and second floor lobbies. This Exhibit Hall is located across the street from the other facilities comprising the Convention Center Complex. Cultural facilities also include the Fresno Art Museum, History and Science, the Meux Home Museum, the Legion of Valor Museum, Arte Americas, and the African American Cultural and Historical Museum. The Fresno Philharmonic, the largest professional orchestra in the Central Valley, performs at the William Saroyan Theater. In addition, ballet productions are staged at the William Saroyan Theater by the Lively Arts Foundation and the Valley Performing Arts Council. The Save Mart Center Arena, a 430,000 square foot facility, is the home of the Fresno State Bulldog basketball team, as well as serving as the premier location for major concerts and other performance events in the area, and seats between 15,000 to 18,000, depending on the seating configuration. The Save Mart Center Arena was privately financed and is operated by ASM Global, the same company with whom the City has contracted to manage the Fresno Convention and Entertainment Center. The 12,500 seat Multi-Purpose Stadium, the home of a Major League Baseball single-A affiliate of the Colorado Rockies, is located in downtown Fresno. The City’s Parks, Recreation and Community Services Department maintains approximately 1,250 acres of parkland, including 76 regional, neighborhood, community, and pocket parks; a sports complex/regional park; 10 public swimming pools; 102 sports courts including tennis, pickleball, basketball, volleyball, bocce, pétanque, and handball courts; 92 diamond and fields for soccer, football, rugby, baseball and softball; 11 skate parks, including a 30,000 square foot BMX skate park; one municipal 18-hole golf course; and Camp Fresno that offers 35 cabins, 16 tent sites, one social hall, and two large bunkhouses including a kitchen and recreation hall for youth camps and large group retreats. A variety of other recreational facilities are available within the City park system, including a senior activity center; 20 community centers that offer indoor facilities for youth and senior programs, open recreation, facilities for meeting and large gatherings; and five gymnasiums. The City-owned regional park includes the Chaffee Zoological Gardens, the third largest zoo in the State. In addition, the City is located approximately a 90 minute drive from each of Yosemite, Kings Canyon and Sequoia National Parks. A-54 The City is planning to construct its first dedicated Citywide senior activity center. The approximately 35,000 square foot facility will provide space for senior activities, including meal and nutrition, health and fitness, and wellness programs and other activities and will be easily accessible by FAX. See also “Transportation–Bus Service.” Local news coverage is provided by the Fresno Bee which prints publications three times per week and provides a 24/7 digital edition, six television stations, and several radio stations and online sites. The Fresno Arts Council, the local arts agency for the City and the County, provides financial support services and arts programming to a variety of cultural arts organizations, individual artists, regional art initiatives, and diverse communities, including the ArtHop, a monthly public arts experience in the Fresno metro area offering free entry to exhibitions, gallery shows, and special performances. The Fresno Arts Council administers the Expanded Access to Arts and Culture grant program funded by Measure P, a Citywide sales tax. B-1 APPENDIX B CITY OF FRESNO, CALIFORNIA, ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024 C-1 APPENDIX C FORMS OF THE PRINCIPAL LEGAL DOCUMENTS D-1 APPENDIX D PROPOSED FORM OF OPINION OF BOND COUNSEL E-1 APPENDIX E FORM OF CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the “Disclosure Certificate”) is executed and delivered by the City of Fresno, a municipal corporation and chartered city duly organized and validly existing under the Constitution and the laws of the State of California (the “City”), on behalf of the Fresno Joint Powers Financing Authority (the “Authority”) in connection with the issuance of $_________ Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025A (the “Series 2025A Bonds”) and $_________ Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable) (the “Series 2025B Bonds” and, together with the Series 2025A Bonds, the “Series 2025 Bonds”). The Series 2025 Bonds are being issued pursuant to a Master Trust Agreement dated as of September 1, 2025 (the “Trust Agreement”), by and between the Authority and [The Bank of New York Mellon Trust Company, N.A.], as trustee (the “Trustee”). The Series 2025 Bonds are secured by and payable from a pledge, charge and lien upon, certain rental payments received by the Authority from the City (the “Base Rental Payments”) pursuant to a Master Facilities Sublease, dated as of September 1, 2025 (the “Sublease”), by and between the Authority and the City. The City covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the City for the benefit of the Holders of the Series 2025 Bonds and in order to assist the Participating Underwriter in complying with S.E.C. Rule 15c2-12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Trust Agreement, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section 2, the following capitalized terms shall have the following meanings: “Annual Report” shall mean any Annual Report provided by the City pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Beneficial Owner” shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series 2025 Bonds (including persons holding Series 2025 Bonds through nominees, depositories or other intermediaries). “Disclosure Representative” shall mean the Controller of the City or her or his designee, or such other officer or employee as the City shall designate in writing to the Dissemination Agent from time to time. “Dissemination Agent” shall mean Willdan Financial Services, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by the City. “EMMA” shall mean the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access System for municipal securities disclosures, maintained on the Internet at http://emma.msrb.org/. “Filing Date” shall mean March 31 of each Fiscal Year of the City (or the next succeeding business day if such day is not a business day), commencing March 31, 2026. “Financial Obligation” means a debt obligation; derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or a guarantee of a debt obligation or derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation. The term “Financial Obligation” excludes E-2 municipal securities for which a final official statement has been provided to the MSRB consistent with the Rule. “Fiscal Year” shall mean the period beginning on July 1 of each year and ending on the next succeeding June 30, or any other twelve-month period hereafter selected and designated as the official fiscal year period of the City and certified to the Trustee in writing by an Authorized Representative of the City. “Holders” shall mean either the registered owners of the Series 2025 Bonds, or, if the Series 2025 Bonds are registered in the name of The Depository Trust Company or another recognized depository, any applicable participant in its depository system. “MSRB” means the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information for purposes of the Rule, or any other repository of disclosure information that may be designated by the Securities and Exchange Commission as such for purposes of the Rule in the future. “Obligated Person” means any person, including the City, who is either generally or through an enterprise, fund, or account of such person committed by contract or other arrangement to support payment of all, or part of the obligations on the Bonds (other than providers of municipal bond insurance, letters of credit, or other liquidity facilities. “Official Statement” means the Official Statement dated __________, 2025 relating to the 2025 Bonds. “Participating Underwriter” shall mean the original underwriter of the Series 2025 Bonds required to comply with the Rule in connection with offering of the Series 2025 Bonds. “Rule” shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time and including any official interpretations thereof issued either before or after the effective date of this Disclosure Certificate which are applicable to this Disclosure Certificate. “Specified Event” shall mean any of the events listed in Section 5(a) or Section 5(b) of this Disclosure Certificate and any other event legally required to be reported pursuant to the Rule. “State” shall mean the State of California. SECTION 3. Provision of Annual Reports. (a) The City shall, provide or shall cause the Dissemination Agent to provide, to the MSRB not later than the Filing Date, an Annual Report that is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report shall be submitted in electronic format, accompanied by such identifying information as is prescribed by the MSRB, and may include by reference other information as provided in Section 4 of this Disclosure Certificate; provided, that the audited financial statements of the City may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Fiscal Year of the City changes, it shall give notice of such change in the same manner as for a Specified Event under Section 5. The Dissemination Agent shall have no duty or obligation to review such Annual Report. E-3 (b) If by fifteen (15) business days prior to the date specified in subsection (a) for providing the Annual Report to the MSRB, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall notify the City of such failure to receive the Annual Report. (c) If the Dissemination Agent is unable to verify that an Annual Report has been provided to the MSRB by the date required in subsection (a), the Dissemination Agent shall send a notice to the MSRBin substantially the form attached as Exhibit A. (d) The Dissemination Agent shall: 1. If the City is unable to provide to the Dissemination Agent an Annual Report by the Filing Date, and if not previously filed by the City, send a notice in a timely manner, in electronic format, to the MSRB in substantially the form attached hereto as Exhibit A. 2. File a report with the City certifying that the Annual Report has been provided pursuant to this Disclosure Certificate and stating the date it was provided. SECTION 4. Content of Annual Reports. The City’s Annual Report shall contain or incorporate by reference the following: (a) The audited financial statements of the City, presented in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time. If the audited financial statements of the City are not available by the time the Annual Report is required to be filed as described above, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) A maturity schedule for the outstanding Series 2025 Bonds. (c) The balance in each of the following funds established pursuant to the Trust Agreement as of the close of the prior Fiscal Year: (i) the Acquisition and Construction Fund; and (ii) the Reserve Account (with a statement of the current Reserve Account Requirement). (d) A statement of the principal amount of Series 2025 Bonds redeemed in the prior fiscal year, provided however, that no such statement in the Annual Report shall be required if the information which would be included therein has been provided in accordance with Section 5 hereof. (e) An identification of any real property substituted for a Leased Facility under a Master Sublease. (f) The adopted budget of the City for the then current Fiscal Year. (g) To the extent such information is not included in the audited financial statements, information updating information similar to that contained in Table A-3–“General Fund Balance Sheet,” Table A-4–“General Fund Revenues and Expenditures and Changes in Fund Balances,” Table A-7– “Assessed Value of Taxable Property,” Table A-8–“Assessed Valuation of Parcels by Land Use,” Table A- 10–“Principal Secured Taxable Property Owners by Valuation,” Table 11–“Property Tax Levies and E-4 Collections,” Table A-12–“Taxable Retail Sales,” Table A-16–“Fire and Police System–Schedule of Funding Progress,” Table A-17–“Employees’ Retirement System–Schedule of Funding Progress,” Table A-18–“Fire and Police Retirement System–Schedule of Employer Contributions,” Table A-19–“Employees Retirement System–Schedule of Employer Contributions,” Table A-22–“Long-Term General Fund Obligations,” Table A-24–“Direct and Overlapping Debt Statement,” and Table A-35–“Building Permit Valuation” to the Official Statement. (h) A description of any event of default under the Trust Agreement. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the City or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify each such other document so included by reference. SECTION 5. Reporting of Specified Events. (a) Pursuant to the provisions of this Disclosure Agreement, the City shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Series 2025 Bonds, no later than ten (10) Business Days after the occurrence of such event: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults, if material. 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed (Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Series 2025A Bonds, or other material events affecting the tax status of the Series 2025 Bonds; 7. Modifications to rights of the Series 2025 Bond Holders, if material; 8. Bond calls, if material, and tender offers; 9. Defeasances; 10. Release, substitution, or sale of property, if any, securing repayment of the Series 2025 Bonds, if material; 11. Rating changes; 12. Bankruptcy, insolvency, receivership or similar event of the City or other Obligated Person; E-5 13. The consummation of a merger, consolidation, or acquisition involving the City or an Obligated Person, or the sale of all or substantially all of the assets of the City or an Obligated Person (other than in the ordinary course of business), the entry into a definitive agreement to undertake such an action, or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material; 15. Incurrence of a Financial Obligation of the City or other Obligated Person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City or other Obligated Person, any of which affect security holders, if material; and 16. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City or other Obligated Person, any of which reflect financial difficulties. (b) Wherever the City obtains knowledge of the occurrence of Specified Event, the City shall, or shall cause the Dissemination Agent (if not the City) to, file a notice of such occurrence with the MSRB, in an electronic format as prescribed by the MSRB, in a timely manner not in excess of ten (10) business days after the occurrence of the Specified Event. (c) The City acknowledges that the events described in subparagraphs (a)(2), (a)(7), (a) (8) (if the event is a bond call), (a)(10), (a)(12), (a)(13), (a)(14), and (a)(15) of this Section 5 contain the qualifier “if material.” The City shall cause a notice to be filed as set forth in this Section 5 with respect to any such event only to the extent that it determines the event’s occurrence is material for purposes of U.S. federal securities law. Whenever the City obtains knowledge of the occurrence of any of these Specified Events, the City will as soon as possible determine if such event would be material under applicable federal securities law. If such event is determined to be material, the City will cause a notice to be filed as set forth in Section 5(b). (d) If in response to a request under Section 5(b), the City determines that the Specified Event would not be material under applicable federal securities laws, the City shall so notify the Trustee in writing and instruct the Dissemination Agent not to report the occurrence. (e) If the Dissemination Agent has been instructed by the City to report the occurrence of a Specified Event, the Dissemination Agent shall file a notice of such occurrence with the MSRB. Notwithstanding the foregoing, notice of Specified Events described in Section 5(a)(viii) and (ix) need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to Holders of affected Bonds pursuant to the Trust Agreement. (f) For purposes of this Disclosure Agreement, any event described in Section 5(a)(xii) above is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City or other Obligated Person in a proceeding under the United States Bankruptcy Code or in any other proceeding under federal or State law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City or other Obligated Person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority E-6 having supervision or jurisdiction over substantially all of the assets or business of the City or other Obligated Person. (g) The Dissemination Agent may conclusively rely on an opinion of counsel that the instructions of the City to the Dissemination Agent under this Section 5 comply with the requirements of the Rule. SECTION 6 CUSIP Numbers. Whenever providing information to the Dissemination Agent, including but not limited to Annual Reports, documents incorporated by reference to the Annual Reports, Audited Financial Statements and notices of Specified Events, the City shall indicate the full name of the Series 2025 Bonds and the nine-digit CUSIP numbers for the Series 2025 Bonds as to which the provided information relates. SECTION 7. Termination of Reporting Obligation. The City’s obligations under this Disclosure Certificate shall terminate upon the defeasance, prior redemption or payment in full of all of the Series 2025 Bonds. SECTION 8. Dissemination Agent. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent may resign at any time upon delivery of written notice thereof to the City at least 30 days prior to the effective date of such resignation. If at any time there is not any other designated Dissemination Agent, the City shall be the Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the City pursuant to this Disclosure Certificate. SECTION 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the City may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied with respect to such amendment or waiver: (a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or a change in the nature, identity or status of an Obligated Person with respect to the Series 2025 Bonds or the type of business conducted by such person; (b) The undertaking in this Disclosure Certificate, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Series 2025 Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the Holders of the Series 2025 Bonds in the same manner as provided in the Trust Agreement for amendments to such Trust Agreement with the consent of Holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial Owners of the Series 2025 Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the City shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information being presented by the City. E-7 SECTION 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the City chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the City shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 11. Default. In the event of a failure of the City to comply with any provision of this Disclosure Certificate, any Holder or Beneficial Owner of the Series 2025 Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Trust Agreement and the sole remedy under this Disclosure Certificate in the event of any failure of the City to comply with this Disclosure Certificate shall be an action to compel performance. SECTION 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the City, the Dissemination Agent, the Participating Underwriter and Holders and Beneficial Owners from time to time of the Series 2025 Bonds, and shall create no rights in any other person or entity. Date: __________, 2025 CITY OF FRESNO By:_________________________________ Finance Director/City Controller Acknowledged and Accepted: WILLDAN FINANCIAL SERVICES, as Dissemination Agent By:_________________________________ [Name]. [Title] E-8 EXHIBIT A NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Fresno Joint Powers Financing Authority Name of Bond Issues: Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025A and Fresno Joint Powers Financing Authority Lease Revenue Bonds (Public Safety Projects), Series 2025B (Federally Taxable) Date of Issuance: __________, 2025 NOTICE IS HEREBY GIVEN that the City of Fresno (the “City”) has not provided an Annual Report with respect to the above-named Bonds as required by the Disclosure Certificate executed in connection with the issuance of the Series 2025 Bonds and Section 8.08 of the Master Sublease dated as of September 1, 2025 between the City and the Fresno Joint Powers Financing Authority. The City anticipates that the Annual Report will be filed by _____________. Dated:_______________ WILLDAN FINANCIAL SERVICES, as Dissemination Agent By:___________________________________ Authorized Officer cc: City of Fresno F-1 APPENDIX F DTC AND THE BOOK-ENTRY ONLY SYSTEM The following description of the Depository Trust Company (“DTC”), the procedures and record keeping with respect to beneficial ownership interests in the Series 2025 Bonds, payment of principal, interest and other payments on the Series 2025 Bonds to DTC Participants or Beneficial Owners, confirmation and transfer of beneficial ownership interest in the Series 2025 Bonds and other related transactions by and between DTC, the DTC Participants and the Beneficial Owners is based solely on information provided by DTC. Accordingly, no representations can be made concerning these matters and neither DTC Participants nor the Beneficial Owners should rely on the foregoing information with respect to such matters, but should instead confirm the same with DTC or the DTC Participants, as the case may be. Neither the issuer of the Series 2025 Bonds (the “Issuer”) nor the trustee, fiscal agent or paying agent appointed with respect to the Series 2025 Bonds (the “Agent”) take any responsibility for the information contained in this Appendix. No assurances can be given that DTC, DTC Participants or Indirect Participants will distribute to the Beneficial Owners (a) payments of interest, principal or premium, if any, with respect to the Series 2025 Bonds, (b) certificates representing ownership interest in or other confirmation or ownership interest in the Series 2025 Bonds, or (c) redemption or other notices sent to DTC or Cede & Co., its nominee, as the registered owner of the Series 2025 Bonds, or that they will so do on a timely basis, or that DTC, DTC Participants or DTC Indirect Participants will act in the manner described in this Appendix. The current “Rules” applicable to DTC are on file with the Securities and Exchange Commission and the current “Procedures” of DTC to be followed in dealing with DTC Participants are on file with DTC. 1. The Depository Trust Company (“DTC”), New York, NY, will act as securities depository for the Series 2025 Bonds (the “Securities”). The Securities will be issued as fully-registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered Security certificate will be issued for each issue of the Securities, each in the aggregate principal amount of such issue, and will be deposited with DTC. If, however, the aggregate principal amount of any issue exceeds $500 million, one certificate will be issued with respect to each $500 million of principal amount, and an additional certificate will be issued with respect to any remaining principal amount of such issue. 2. DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.6 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is F-2 also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a Standard & Poor’s rating of AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. 3. Purchases of Securities under the DTC system must be made by or through Direct Participants, which will receive a credit for the Securities on DTC’s records. The ownership interest of each actual purchaser of each Security (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Securities are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Securities, except in the event that use of the book-entry system for the Securities is discontinued. 4. To facilitate subsequent transfers, all Securities deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Securities with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Securities; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Securities are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. 5. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Securities may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Securities, such as redemptions, tenders, defaults, and proposed amendments to the Security documents. For example, Beneficial Owners of Securities may wish to ascertain that the nominee holding the Securities for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them. 6. Redemption notices shall be sent to DTC. If less than all of the Securities within an issue are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. 7. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Securities unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts Securities are credited on the record date (identified in a listing attached to the Omnibus Proxy). 8. Redemption proceeds and distributions on the Securities will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from Issuer F-3 or Agent, on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, Agent, or Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of Issuer or Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. 9. A Beneficial Owner shall give notice to elect to have its Securities purchased or tendered, through its Participant, to Trustee, and shall effect delivery of such Securities by causing the Direct Participant to transfer the Participant’s interest in the Securities, on DTC’s records, to Trustee. The requirement for physical delivery of Securities in connection with an optional tender or a mandatory purchase will be deemed satisfied when the ownership rights in the Securities are transferred by Direct Participants on DTC’s records and followed by a book-entry credit of tendered Securities to Trustee’s DTC account. 10. DTC may discontinue providing its services as depository with respect to the Securities at any time by giving reasonable notice to Issuer or Agent. Under such circumstances, in the event that a successor depository is not obtained, Security certificates are required to be printed and delivered. 11. Issuer may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, Security certificates will be printed and delivered to DTC. 12. The information in this section concerning DTC and DTC’s book-entry system has been obtained from sources that Issuer believes to be reliable, but Issuer takes no responsibility for the accuracy thereof. G-1 [APPENDIX G SPECIMEN MUNICIPAL BOND INSURANCE POLICY] AFSDOCS:302557515.10 Fire Station No. 122 Located at Ashlan and Valentine Avenue, replacing much smaller existing station No. 12 15,842 sq ft single story building Four bays for fire apparatus, turnout and equipment rooms, living quarters, recreation space, office space and public lobby area June 13, 2024, Council Resolution 2024-199 declaring intent to use bond indebtedness for project costs February 27, 2025, Council awarded construction contract to Soltek Pacific Construction Total project costs to be financed = $18.0 million, with completion expected by October 2026 August 14, 2025 911 Emergency Call Center3 Located at 1515 El Dorado Street 12,072 sq ft single story building Large call center space, office space, conference room, training room, breakrooms, exercise and fitness rooms, server/electrical room and outdoor courtyard April 10, 2025, Council Resolution 2025-89 declaring intent to use bond indebtedness for project costs and awarded construction contract to Soltek Pacific Construction Total project costs to be financed = $16.9 million, with completion expected by December 2026 August 14, 2025 Police Department Headquarters4 Located at 2314 Mariposa Street 65,690 sq ft three story building with basement and parking Extensive renovations have been completed at the property, including the removal of interior partitions, abatement of hazardous materials, structural reinforcement, replacement of all building systems and brought into compliance with code 21-year lease term with lease payments in years 2 – 21 and purchase option for $1 Total project costs to be financed = $12.0 million in tenant improvements Separate future council action will be taken for tenant improvements August 14, 2025 From: To: Subject:Request to Speak Before the Fresno City Council Date:Monday, July 14, 2025 2:28:44 PM External Email: Use caution with links and attachments Name:John Culwell Address Fresno, California 93710 District District 6 Phone Email Date You Wish to Speak Before the City Council August 14, 2025 Topic/Subject Would like to discuss alternative methods of have chickens with no roosters in the City of Fresno. Instead of an all out ban. Thank you very much. IP Address User-Agent (Browser/OS) Referrer https://www.fresno.gov/cityclerk/ From: Subject:Request to Speak Before the Fresno City Council Date:Friday, July 25, 2025 10:24:02 AM External Email: Use caution with links and attachments Name:Debbie Nard Address District District 2 Phone Email Date You Wish to Speak Before the City Council August 14, 2025 Topic/Subject Adequate public notice for Text Amendment P24-00794. IP Address User-Agent (Browser/OS) Referrer https://www.fresno.gov/cityclerk/ From: To: Cc: Subject:Comments for City Council Meeting Aug 14, 2025, Agenda Items: ID25-1046, ID25-1054, ID25-1065 ID25-1066, ID25-1067 Date:Monday, August 11, 2025 2:10:49 PM Importance:High External Email: Use caution with links and attachments Dear Clerk: Please distribute this letter to all Fresno City Council members and place into the public record. I am writing to comment on the above mentioned Agenda Items to be heard during the August 14, 2025 Fresno City Council Meeting. These comments will discuss the proposed building of high density residential units along West Herndon Avenue and North Prospect Ave and at West Herndon Ave at North Brawley/West Beechwood Avenues. My wife and I are totally against the construction of up to 6 story high-rise, high-density multi family residential building being considered for the vacant lot located at the SE corner of North Brawley and West Beechwood avenues, and, we still oppose the construction of RM3 units located on North Prospect Ave at Herndon. We are against the repeal of Fresno Municipal Code Section 15-1106 as proposed in the Text Amendment Application P24-00794. Removal of this section of the Municipal Code would give the City a green light to ignore required road, parking, pedestrian/bicycle route and traffic signal upgrades under the Fresno Complete Street Policy dated Sept 26, 2019 with new RM-1, RM-2 and RM-3 developments. Fresno Municipal Code Section 15-1106 also requires the City to do traffic impact studies for all development with 300 or more peak hour new vehicle trips. This would be done away with if this section is repealed. Regarding the Text Amendment Application P24-00794, I have the following concerns/comments specifically relating to all of the vacant lots running along both the North and South sides of Herndon Avenue, between N. Marks Avenue and N. Milburn Avenue: Section 4.1a “Aesthetics”. The study is flawed when it states that there would be less than significant impacts to scenic vistas with RM-3 developments. RM-3 allows for the construction of up to 45 living units per acre (which could easily house 4 people per unit) and up to 60 feet in height. Apartment units that are 60 feet in height would be a blight on a neighborhood that consists of primarily single story dwellings (houses, apartments, condos and townhomes). If any of the vacant lots along both sides of Herndon Avenue between Marks and Milburn Avenues were converted to RM-3, it would create an aesthetically unpleasant situation for current residents and for the city. As an example, I will refer the Planning Commission to how much the Clinton Avenue Apartments (at 1538 E. Clinton) stand out like a sore thumb when compared to the surrounding neighborhood of single family homes, and they are only 4 stories high. Section 4.11. “Land Use Planning”. If RM-3 development is allowed in these lots along the Herndon corridor, it would physically constrict travel between the already established neighborhoods along the North side of Herndon Avenue with access to Herndon Avenue along Marks, Valentine and Brawley Avenues. RM-3 development in these lots would introduce new, incompatible uses that are inconsistent with the current land use planning. I specifically note that the Text Amendment Application P24-00794 does not propose the construction of any new roadways which may be needed to handle increased traffic flow if RM-3 zoning is allowed. Section 4.13. “Noise”. The study is flawed in that there would be a significant negative impact due to increased traffic noise, especially during key commute hours. Section 4.14. “Population and Housing”. The Text Amendment Application P24-00794 would significantly negatively impact the inducement of unplanned population growth in an area originally planned for offices. Section 4.15. “Public Services”. The allowance of RM construction in these lots would exasperate overcrowding in Tatarian Elementary School. Impaired access of Ladder Fire Trucks at the traffic circle along N. Prospect Avenue has already been addressed in earlier hearings. There are limited public services, such as medical clinics, grocery stores and pharmacies, along Herndon Avenue between Marks Avenue and Milburn Avenue. To say there are adequate services along this stretch of Herndon Avenue is a stretch. Sections 4.17 a, c and d. “Transportation”. As pointed out above, there already is inadequate emergency vehicle access along the traffic circle on North Prospect Avenue. Large fire ladder trucks would have a difficult time negotiating the current traffic flow along North Prospect and the frontage road (called North Valentine Ave). If RM3 is approved for this street, traffic flow will be impeded during peak traffic hours, including any emergency vehicles coming into the area during these times. The finding in Section 4.17 (a) is flawed in that there are no sidewalks (or bike path) along the Herndon frontage road between North Prospect Ave and N. Valentine Avenue allowing for safe passage of pedestrians and bicyclists. The construction of high density apartments at the southeast corner of Brawley and West Beechwood avenues would negatively impact ingress/egress of vehicles into the neighborhoods to the north/east and west of that intersection, and would negatively increase the traffic flow in and around Tatarian Elementary School and the neighborhoods surrounding the school. There is inadequate space for parking of the additional number of cars that would come with the development (you can safely assume that there will be two additional vehicles per apartment unit constructed). Allowing the development of RM3 units that are 60 feet tall are totally incompatible with the Herndon corridor and all neighborhoods in Fresno with the exception of downtown where there are other high rise buildings. Let’s keep the buildings along this section of the Herndon avenue corridor to two stories or less to fit in with the current neighborhood. The nearest tall building (4 story) along Herndon From: To: Subject:Request to Speak Before the Fresno City Council Date:Monday, July 28, 2025 4:23:33 PM External Email: Use caution with links and attachments Name:Paula Moradian Address District District 2 Phone Email Date You Wish to Speak Before the City Council August 14, 2025 Topic/Subject Prospect Apartments IP Address User-Agent (Browser/OS) Referrer https://www.fresno.gov/cityclerk/ From: To: Cc: Subject:Comments for City Council Meeting Aug 14, 2025, Agenda Items: ID25-1046, ID25-1054, ID25-1065 ID25-1066, ID25-1067 Date:Monday, August 11, 2025 2:10:49 PM Importance:High External Email: Use caution with links and attachments Dear Clerk: Please distribute this letter to all Fresno City Council members and place into the public record. I am writing to comment on the above mentioned Agenda Items to be heard during the August 14, 2025 Fresno City Council Meeting. These comments will discuss the proposed building of high density residential units along West Herndon Avenue and North Prospect Ave and at West Herndon Ave at North Brawley/West Beechwood Avenues. My wife and I are totally against the construction of up to 6 story high-rise, high-density multi family residential building being considered for the vacant lot located at the SE corner of North Brawley and West Beechwood avenues, and, we still oppose the construction of RM3 units located on North Prospect Ave at Herndon. We are against the repeal of Fresno Municipal Code Section 15-1106 as proposed in the Text Amendment Application P24-00794. Removal of this section of the Municipal Code would give the City a green light to ignore required road, parking, pedestrian/bicycle route and traffic signal upgrades under the Fresno Complete Street Policy dated Sept 26, 2019 with new RM-1, RM-2 and RM-3 developments. Fresno Municipal Code Section 15-1106 also requires the City to do traffic impact studies for all development with 300 or more peak hour new vehicle trips. This would be done away with if this section is repealed. Regarding the Text Amendment Application P24-00794, I have the following concerns/comments specifically relating to all of the vacant lots running along both the North and South sides of Herndon Avenue, between N. Marks Avenue and N. Milburn Avenue: Section 4.1a “Aesthetics”. The study is flawed when it states that there would be less than significant impacts to scenic vistas with RM-3 developments. RM-3 allows for the construction of up to 45 living units per acre (which could easily house 4 people per unit) and up to 60 feet in height. Apartment units that are 60 feet in height would be a blight on a neighborhood that consists of primarily single story dwellings (houses, apartments, condos and townhomes). If any of the vacant lots along both sides of Herndon Avenue between Marks and Milburn Avenues were converted to RM-3, it would create an aesthetically unpleasant situation for current residents and for the city. As an example, I will refer the Planning Commission to how much the Clinton Avenue Apartments (at 1538 E. Clinton) stand out like a sore thumb when compared to the surrounding neighborhood of single family homes, and they are only 4 stories high. Section 4.11. “Land Use Planning”. If RM-3 development is allowed in these lots along the Herndon corridor, it would physically constrict travel between the already established neighborhoods along the North side of Herndon Avenue with access to Herndon Avenue along Marks, Valentine and Brawley Avenues. RM-3 development in these lots would introduce new, incompatible uses that are inconsistent with the current land use planning. I specifically note that the Text Amendment Application P24-00794 does not propose the construction of any new roadways which may be needed to handle increased traffic flow if RM-3 zoning is allowed. Section 4.13. “Noise”. The study is flawed in that there would be a significant negative impact due to increased traffic noise, especially during key commute hours. Section 4.14. “Population and Housing”. The Text Amendment Application P24-00794 would significantly negatively impact the inducement of unplanned population growth in an area originally planned for offices. Section 4.15. “Public Services”. The allowance of RM construction in these lots would exasperate overcrowding in Tatarian Elementary School. Impaired access of Ladder Fire Trucks at the traffic circle along N. Prospect Avenue has already been addressed in earlier hearings. There are limited public services, such as medical clinics, grocery stores and pharmacies, along Herndon Avenue between Marks Avenue and Milburn Avenue. To say there are adequate services along this stretch of Herndon Avenue is a stretch. Sections 4.17 a, c and d. “Transportation”. As pointed out above, there already is inadequate emergency vehicle access along the traffic circle on North Prospect Avenue. Large fire ladder trucks would have a difficult time negotiating the current traffic flow along North Prospect and the frontage road (called North Valentine Ave). If RM3 is approved for this street, traffic flow will be impeded during peak traffic hours, including any emergency vehicles coming into the area during these times. The finding in Section 4.17 (a) is flawed in that there are no sidewalks (or bike path) along the Herndon frontage road between North Prospect Ave and N. Valentine Avenue allowing for safe passage of pedestrians and bicyclists. The construction of high density apartments at the southeast corner of Brawley and West Beechwood avenues would negatively impact ingress/egress of vehicles into the neighborhoods to the north/east and west of that intersection, and would negatively increase the traffic flow in and around Tatarian Elementary School and the neighborhoods surrounding the school. There is inadequate space for parking of the additional number of cars that would come with the development (you can safely assume that there will be two additional vehicles per apartment unit constructed). Allowing the development of RM3 units that are 60 feet tall are totally incompatible with the Herndon corridor and all neighborhoods in Fresno with the exception of downtown where there are other high rise buildings. Let’s keep the buildings along this section of the Herndon avenue corridor to two stories or less to fit in with the current neighborhood. The nearest tall building (4 story) along Herndon From: To: Subject:Request to Speak Before the Fresno City Council Date:Tuesday, July 29, 2025 7:38:09 PM External Email: Use caution with links and attachments Name:Dennis Nard Address Fresno, California 93711 District District 2 Phone Email Date You Wish to Speak Before the City Council August 14, 2025 Topic/Subject Prospect Apartment Project IP Address User-Agent (Browser/OS) Referrer https://www.fresno.gov/cityclerk/ Regarding the Text Amendment Application P24-00794, I have the following concerns/comments specifically relating to all of the vacant lots running along both the North and South sides of Herndon Avenue, between N. Marks Avenue and N. Milburn Avenue: Section 4.1a “Aesthetics”. The study is flawed when it states that there would be less than significant impacts to scenic vistas with RM-3 developments. RM-3 allows for the construction of up to 45 living units per acre (which could easily house 4 people per unit) and up to 60 feet in height. Apartment units that are 60 feet in height would be a blight on a neighborhood that consists of primarily single story dwellings (houses, apartments, condos and townhomes). If any of the vacant lots along both sides of Herndon Avenue between Marks and Milburn Avenues were converted to RM-3, it would create an aesthetically unpleasant situation for current residents and for the city. As an example, I will refer the Planning Commission to how much the Clinton Avenue Apartments (at 1538 E. Clinton) stand out like a sore thumb when compared to the surrounding neighborhood of single family homes, and they are only 4 stories high. Section 4.11. “Land Use Planning”. If RM-3 development is allowed in these lots along the Herndon corridor, it would physically constrict travel between the already established neighborhoods along the North side of Herndon Avenue with access to Herndon Avenue along Marks, Valentine and Brawley Avenues. RM-3 development in these lots would introduce new, incompatible uses that are inconsistent with the current land use planning. I specifically note that the Text Amendment Application P24-00794 does not propose the construction of any new roadways which may be needed to handle increased traffic flow if RM-3 zoning is allowed. Section 4.13. “Noise”. The study is flawed in that there would be a significant negative impact due to increased traffic noise, especially during key commute hours. Section 4.14. “Population and Housing”. The Text Amendment Application P24-00794 would significantly negatively impact the inducement of unplanned population growth in an area originally planned for offices. Section 4.15. “Public Services”. The allowance of RM construction in these lots would exasperate overcrowding in Tatarian Elementary School. Impaired access of Ladder Fire Trucks at the traffic circle along N. Prospect Avenue has already been addressed in earlier hearings. There are limited public services, such as medical clinics, grocery stores and pharmacies, along Herndon Avenue between Marks Avenue and Milburn Avenue. To say there are adequate services along this stretch of Herndon Avenue is a stretch. Sections 4.17 a, c and d. “Transportation”. As pointed out above, there already is inadequate emergency vehicle access along the traffic circle on North Prospect Avenue. Large fire ladder trucks would have a difficult time negotiating the current traffic flow along North Prospect and the frontage road (called North Valentine Ave). If RM3 is approved for this street, traffic flow will be impeded during peak traffic hours, including any emergency vehicles coming into the area during these times. The finding in Section 4.17 (a) is flawed in that there are no sidewalks (or bike path) along the Herndon frontage road between North Prospect Ave and N. Valentine Avenue allowing for safe passage of pedestrians and bicyclists. The construction of high density apartments at the southeast corner of Brawley and West Beechwood avenues would negatively impact ingress/egress of vehicles into the neighborhoods to the north/east and west of that intersection, and would negatively increase the traffic flow in and around Tatarian Elementary School and the neighborhoods surrounding the school. There is inadequate space for parking of the additional number of cars that would come with the development (you can safely assume that there will be two additional vehicles per apartment unit constructed). Allowing the development of RM3 units that are 60 feet tall are totally incompatible with the Herndon corridor and all neighborhoods in Fresno with the exception of downtown where there are other high rise buildings. Let’s keep the buildings along this section of the Herndon avenue corridor to two stories or less to fit in with the current neighborhood. The nearest tall building (4 story) along Herndon From: To: Subject:Request to Speak Before the Fresno City Council Date:Tuesday, July 29, 2025 8:00:24 PM External Email: Use caution with links and attachments Name:Suzan Griffin Address Fresno, California 93711 District District 2 Phone Email Date You Wish to Speak Before the City Council August 14, 2025 Topic/Subject Prospect apartments IP Address User-Agent (Browser/OS) Referrer https://www.fresno.gov/cityclerk/ From: To: Subject:Comments for City Council Meeting Aug 14, 2025, Agenda Items: ID25-1046, ID25-1054, ID25-1065 ID25-1066, ID25-1067 Date:Monday, August 11, 2025 2:10:49 PM Importance:High External Email: Use caution with links and attachments Dear Clerk: Please distribute this letter to all Fresno City Council members and place into the public record. I am writing to comment on the above mentioned Agenda Items to be heard during the August 14, 2025 Fresno City Council Meeting. These comments will discuss the proposed building of high density residential units along West Herndon Avenue and North Prospect Ave and at West Herndon Ave at North Brawley/West Beechwood Avenues. My wife and I are totally against the construction of up to 6 story high-rise, high-density multi family residential building being considered for the vacant lot located at the SE corner of North Brawley and West Beechwood avenues, and, we still oppose the construction of RM3 units located on North Prospect Ave at Herndon. We are against the repeal of Fresno Municipal Code Section 15-1106 as proposed in the Text Amendment Application P24-00794. Removal of this section of the Municipal Code would give the City a green light to ignore required road, parking, pedestrian/bicycle route and traffic signal upgrades under the Fresno Complete Street Policy dated Sept 26, 2019 with new RM-1, RM-2 and RM-3 developments. Fresno Municipal Code Section 15-1106 also requires the City to do traffic impact studies for all development with 300 or more peak hour new vehicle trips. This would be done away with if this section is repealed. Regarding the Text Amendment Application P24-00794, I have the following concerns/comments specifically relating to all of the vacant lots running along both the North and South sides of Herndon Avenue, between N. Marks Avenue and N. Milburn Avenue: Section 4.1a “Aesthetics”. The study is flawed when it states that there would be less than significant impacts to scenic vistas with RM-3 developments. RM-3 allows for the construction of up to 45 living units per acre (which could easily house 4 people per unit) and up to 60 feet in height. Apartment units that are 60 feet in height would be a blight on a neighborhood that consists of primarily single story dwellings (houses, apartments, condos and townhomes). If any of the vacant lots along both sides of Herndon Avenue between Marks and Milburn Avenues were converted to RM-3, it would create an aesthetically unpleasant situation for current residents and for the city. As an example, I will refer the Planning Commission to how much the Clinton Avenue Apartments (at 1538 E. Clinton) stand out like a sore thumb when compared to the surrounding neighborhood of single family homes, and they are only 4 stories high. Section 4.11. “Land Use Planning”. If RM-3 development is allowed in these lots along the Herndon corridor, it would physically constrict travel between the already established neighborhoods along the North side of Herndon Avenue with access to Herndon Avenue along Marks, Valentine and Brawley Avenues. RM-3 development in these lots would introduce new, incompatible uses that are inconsistent with the current land use planning. I specifically note that the Text Amendment Application P24-00794 does not propose the construction of any new roadways which may be needed to handle increased traffic flow if RM-3 zoning is allowed. Section 4.13. “Noise”. The study is flawed in that there would be a significant negative impact due to increased traffic noise, especially during key commute hours. Section 4.14. “Population and Housing”. The Text Amendment Application P24-00794 would significantly negatively impact the inducement of unplanned population growth in an area originally planned for offices. Section 4.15. “Public Services”. The allowance of RM construction in these lots would exasperate overcrowding in Tatarian Elementary School. Impaired access of Ladder Fire Trucks at the traffic circle along N. Prospect Avenue has already been addressed in earlier hearings. There are limited public services, such as medical clinics, grocery stores and pharmacies, along Herndon Avenue between Marks Avenue and Milburn Avenue. To say there are adequate services along this stretch of Herndon Avenue is a stretch. Sections 4.17 a, c and d. “Transportation”. As pointed out above, there already is inadequate emergency vehicle access along the traffic circle on North Prospect Avenue. Large fire ladder trucks would have a difficult time negotiating the current traffic flow along North Prospect and the frontage road (called North Valentine Ave). If RM3 is approved for this street, traffic flow will be impeded during peak traffic hours, including any emergency vehicles coming into the area during these times. The finding in Section 4.17 (a) is flawed in that there are no sidewalks (or bike path) along the Herndon frontage road between North Prospect Ave and N. Valentine Avenue allowing for safe passage of pedestrians and bicyclists. The construction of high density apartments at the southeast corner of Brawley and West Beechwood avenues would negatively impact ingress/egress of vehicles into the neighborhoods to the north/east and west of that intersection, and would negatively increase the traffic flow in and around Tatarian Elementary School and the neighborhoods surrounding the school. There is inadequate space for parking of the additional number of cars that would come with the development (you can safely assume that there will be two additional vehicles per apartment unit constructed). Allowing the development of RM3 units that are 60 feet tall are totally incompatible with the Herndon corridor and all neighborhoods in Fresno with the exception of downtown where there are other high rise buildings. Let’s keep the buildings along this section of the Herndon avenue corridor to two stories or less to fit in with the current neighborhood. The nearest tall building (4 story) along Herndon From: To: Subject:Request to Speak Before the Fresno City Council Date:Tuesday, July 29, 2025 8:01:47 PM External Email: Use caution with links and attachments Name:Tom Griffin Address Fresno, California 93711 District District 2 Phone Email Date You Wish to Speak Before the City Council August 14, 2025 Topic/Subject PROSPECT APARTMENTS IP Address User-Agent (Browser/OS) Referrer https://www.fresno.gov/cityclerk/ Regarding the Text Amendment Application P24-00794, I have the following concerns/comments specifically relating to all of the vacant lots running along both the North and South sides of Herndon Avenue, between N. Marks Avenue and N. Milburn Avenue: Section 4.1a “Aesthetics”. The study is flawed when it states that there would be less than significant impacts to scenic vistas with RM-3 developments. RM-3 allows for the construction of up to 45 living units per acre (which could easily house 4 people per unit) and up to 60 feet in height. Apartment units that are 60 feet in height would be a blight on a neighborhood that consists of primarily single story dwellings (houses, apartments, condos and townhomes). If any of the vacant lots along both sides of Herndon Avenue between Marks and Milburn Avenues were converted to RM-3, it would create an aesthetically unpleasant situation for current residents and for the city. As an example, I will refer the Planning Commission to how much the Clinton Avenue Apartments (at 1538 E. Clinton) stand out like a sore thumb when compared to the surrounding neighborhood of single family homes, and they are only 4 stories high. Section 4.11. “Land Use Planning”. If RM-3 development is allowed in these lots along the Herndon corridor, it would physically constrict travel between the already established neighborhoods along the North side of Herndon Avenue with access to Herndon Avenue along Marks, Valentine and Brawley Avenues. RM-3 development in these lots would introduce new, incompatible uses that are inconsistent with the current land use planning. I specifically note that the Text Amendment Application P24-00794 does not propose the construction of any new roadways which may be needed to handle increased traffic flow if RM-3 zoning is allowed. Section 4.13. “Noise”. The study is flawed in that there would be a significant negative impact due to increased traffic noise, especially during key commute hours. Section 4.14. “Population and Housing”. The Text Amendment Application P24-00794 would significantly negatively impact the inducement of unplanned population growth in an area originally planned for offices. Section 4.15. “Public Services”. The allowance of RM construction in these lots would exasperate overcrowding in Tatarian Elementary School. Impaired access of Ladder Fire Trucks at the traffic circle along N. Prospect Avenue has already been addressed in earlier hearings. There are limited public services, such as medical clinics, grocery stores and pharmacies, along Herndon Avenue between Marks Avenue and Milburn Avenue. To say there are adequate services along this stretch of Herndon Avenue is a stretch. Sections 4.17 a, c and d. “Transportation”. As pointed out above, there already is inadequate emergency vehicle access along the traffic circle on North Prospect Avenue. Large fire ladder trucks would have a difficult time negotiating the current traffic flow along North Prospect and the frontage road (called North Valentine Ave). If RM3 is approved for this street, traffic flow will be impeded during peak traffic hours, including any emergency vehicles coming into the area during these times. The finding in Section 4.17 (a) is flawed in that there are no sidewalks (or bike path) along the Herndon frontage road between North Prospect Ave and N. Valentine Avenue allowing for safe passage of pedestrians and bicyclists. The construction of high density apartments at the southeast corner of Brawley and West Beechwood avenues would negatively impact ingress/egress of vehicles into the neighborhoods to the north/east and west of that intersection, and would negatively increase the traffic flow in and around Tatarian Elementary School and the neighborhoods surrounding the school. There is inadequate space for parking of the additional number of cars that would come with the development (you can safely assume that there will be two additional vehicles per apartment unit constructed). Allowing the development of RM3 units that are 60 feet tall are totally incompatible with the Herndon corridor and all neighborhoods in Fresno with the exception of downtown where there are other high rise buildings. Let’s keep the buildings along this section of the Herndon avenue corridor to two stories or less to fit in with the current neighborhood. The nearest tall building (4 story) along Herndon 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes City Council President - Mike Karbassi Vice President - Miguel Angel Arias Councilmembers: Annalisa Perea, Tyler Maxwell, Brandon Vang, Nick Richardson, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, MMC 9:00 AM Council ChambersThursday, July 17, 2025 Regular Meeting The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 9:10 A.M. ROLL CALL Council President Mike Karbassi Councilmember Tyler Maxwell Councilmember Brandon Vang Councilmember Nick Richardson Councilmember Nelson Esparza Present:5 - Vice President Miguel Angel Arias Councilmember Annalisa Perea Absent:2 - Invocation by Pastor Vickie from Wesley United Methodist Church Pastor Vickie Healy gave the invocation. Pledge of Allegiance to the Flag City Attorney Janz led the Pledge of Allegiance. APPROVE AGENDA THE AGENDA WAS APPROVED WITH THE FOLLOWING CHANGES The full name of the person providing the invocation was Pastor Vickie Healy of Wesley United Methodist Church. City of Fresno ***Subject to Mayoral Veto Page 1 July 17, 2025City Council Meeting Minutes The meeting will be adjourned in memory of Henry Thompson, Airports Director. THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA 9:15 A.M. (ID 25-943) regarding designation of 1844 S Cherry Avenue to the Local Register of Historic Resources – moved to the August 14th Meeting at the request of the property owner. 10:06 A.M. (ID 25-971) regarding an appearance by Christine Thornton regarding “Animal Crisis in Fresno County” – removed from the agenda as the speaker was unable to attend. THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION 2-J (ID 25-957) regarding a contract change order in the amount of $301,686.91 – moved to contested consent by Councilmember Maxwell. 2-Z (ID 25-925) regarding service agreements with Poverello House – moved to contested consent by Councilmember Richardson. On motion of Councilmember Maxwell, seconded by Councilmember Richardson, the Agenda was APPROVED AS AMENDED. The motion carried by the following vote: Aye:Karbassi, Maxwell, Vang, Richardson and Esparza5 - Absent:Arias and Perea2 - CEREMONIAL PRESENTATIONS ID 25-820 Fresno Animal Center presents “Pet of the Month” PRESENTED ID 25-884 Proclamation for “Wilma Tom Hashimoto” PRESENTED ID 25-974 Proclamation for “Project First Step- 20th Anniversary” City of Fresno ***Subject to Mayoral Veto Page 2 July 17, 2025City Council Meeting Minutes PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Esparza Reports and Comments. Recognized the Jackson Community Development Corporation, Shelley Spencer and other contributors for work on the "Maybe Something Beautiful" mural restoration at Cedar and Tulare Avenues. Discussed a recent Beautify Fresno event at Lafayette Park in which dozens of volunteers picked up litter and refreshed the park. Announced the 7th Annual "Beat the Heat" event at Roma Park which would include free food, games, water slides, community resource information, and a student backpack giveaway. Announced a cross cultural brewing collaboration between South of Shaw Brewing in Fresno with South Horizon Brewing in Kochi, Japan - a Sister City to Fresno. Councilmember Richardson Reports and Comments. Reported on a fruitful meeting with Copper River residents to address the absence of restroom facilities at a local park. Announced a recent community meeting with the residents of Woodward Executive Estates which covered a variety of community concerns. Discussed the groundbreaking of the new City of Fresno communications center located near the municipal yard. Reported on the opening of a Grocery Outlet at Willow and Nees Avenue. Councilmember Vang Reports and Comments. Announced the first District 5 "Annual Backpack Giveaway" events at Balderas and Ayer elementary schools for students in grades K–12. Promoted the August 2nd Beautify Fresno event that would begin at Fresno Pacific University and end up at Manchester Center. Council President Karbassi Reports and Comments. Addressed the controversy and animosity surrounding past comments made about the Cherry Auction. Emphasized that no single Councilmember speaks for the entire council and highlighted the importance of free speech rights. Noted that even though he may personally disagree with the comments made, there is no authority for him to sanction any Councilmember for statements made while on the dais. Expressed condolences for the loss of Henry Thompson, Director of Aviation. Expressed birthday wishes for Ann Kloose, former District 2 chief of staff. Congratulated the Public Works Director on City of Fresno ***Subject to Mayoral Veto Page 3 July 17, 2025City Council Meeting Minutes the birth of his first grandchild. Announced he was working to develop a proactive weed abatement program to help reduce the risk posed by illegal fireworks following recent brush fires in District 2. Announced the groundbreaking for the 911 dispatch center and recognized the hard work and challenging conditions faced by 911 dispatchers. Introduced the new Superintendent of Central Unified School District, Dr. Mark Marshall. Expressed full confidence in City Attorney Janz and noted a clerical error on the part of the California Bar Association caused him to be temporarily listed as intelligible to practice law. MAYOR/MANAGER REPORTS AND COMMENTS City Manager White Reports and Comments. Expressed condolences for the passing of Henry Thompson, Director of Aviation. Director Thompson's significant contributions to the growth of the city's aviation sector were highlighted. The City of Fresno flag was ordered to fly at half-staff in his memory. The city was providing support and chaplain services to Airport staff. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:10 A.M. ID 25-860 HEARING to Consider Plan Amendment Application No. P20-00213; Rezone Application No. P20-00213; Development Permit Application No. P22-03749; Planned Development Permit Application No. P23-03173; and related Environmental Assessment No. P20-00213/P22-03749/P23-03173 for approximately 3.78 acres of property located on the west side of North Chestnut Avenue, between East Behymer and East International Avenues. (Council District 6) 1. ADOPT - Mitigated Negative Declaration prepared for Environmental Assessment No. P20-00213/P22-03749/P23-03173 dated May 16, 2025, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. 2. RESOLUTION - Approving Plan Amendment Application No. P20- 00213 proposing to amend the Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject property from Employment - Office to Medium High Residential Density. 3. BILL - (for Introduction and Adoption) - Approving Rezone Application No. P20-00213 proposing to rezone the subject property from the O/UGM/cz (Office/Urban Growth Management/conditions of zoning) zone district to the RM- City of Fresno ***Subject to Mayoral Veto Page 4 July 17, 2025City Council Meeting Minutes 1/UGM/cz (Multi-Family Residential, Medium High Density/Urban Growth Management/conditions of zoning) zone district. 4. APPROVE - Development Permit Application No. P22-03749 proposing to construct a 48-unit private multi-family residential development, subject to the Conditions of Approval. 5. APPROVE - Planned Development Permit Application No. P23- 03173 proposing to modify the development standards of the RM-1 (Multi-Family Residential, Medium High Density) zone district to allow for a reduction in the minimum parking setback from back of sidewalk, subject to the Conditions of Approval. The above item was called to order at 9:55 A.M. and was presented to Council by Supervising Planner Holt. Upon call, no members of the public addressed Council. Public comment closed at 10:21 A.M. Council discussion included: screening plan details; landscaping plans and commitments; resident feedback; public input and developer responses; setbacks and creativity; tree specifications; commitments to neighbors; Planning Commission recommendations; unit count and lot size; community meetings and neighborhood notifications; the rezoning process and the ministerial proposal, and; the developer's efforts beyond development code requirements. RESOLUTION 2025-204 ADOPTED BILL B-32 INTRODUCED AND ADOPTED AS ORDINANCE 2025-32 Councilmember Maxwell motioned to approve the item with an amendment that the screening recommendation from the Planning Commission be included. Councilmember Esparza seconded the motion which was ADOPTED AS AMENDED, by the following vote: Aye:Karbassi, Maxwell, Vang and Esparza4 - No:Richardson1 - Absent:Arias and Perea2 - 9:15 A.M. ID 25-943 HEARING to consider adoption of a resolution designating a property to the Local Register of Historic Resources. 1. RESOLUTION - Designating the Property Located at 1844 S Cherry Avenue to the Local Register of Historic Resources (Council District 3) City of Fresno ***Subject to Mayoral Veto Page 5 July 17, 2025City Council Meeting Minutes TABLED TO AUGUST 14, 2025 9:20 A.M. #1 ID 25-834 Actions pertaining to the acquisition of a permanent easement and right of way upon a parcel to benefit the Traffic Signal Installation at Church Avenue and Walnut Avenue Project (Council District 3): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number PW01051, pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act Guidelines; 2. HEARING to consider a Resolution of Necessity for acquisition of a permanent easement and right of way for public street purposes upon Assessor’s Parcel Number 477-030-27, owned by Wat Phouthapathane Lao, a California nonprofit corporation, for the construction of the Traffic Signal Installation at Church Avenue and Walnut Avenue Project; 3. ***RESOLUTION - Determining that public interest and necessity require acquisition of a permanent easement and right of way for public street purposes through and across portions of Assessor’s Parcel Number 477-030-27, owned by Wat Phouthapathane Lao, a California nonprofit corporation, for the construction of the Traffic Signal Installation at Church Avenue and Walnut Avenue Project and authorizing eminent domain proceedings for public use and purpose. (Requires 5 affirmative votes) (Subject to Mayor’s Veto) The above item was called to order at 10:23 A.M. There was no staff presentation. Upon call, no members of the public addressed Council. Public comment closed at 10:23 A.M. There was no Council discussion. RESOLUTION 2025-205 ADOPTED On motion of Councilmember Esparza, seconded by Councilmember Vang, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Karbassi, Maxwell, Vang, Richardson and Esparza5 - Absent:Arias and Perea2 - 9:20 A.M. #2 ID 25-952 HEARING to consider Rezone Application No. P24-04357 and related Environmental Assessment No. P24-04357 for property located on the City of Fresno ***Subject to Mayoral Veto Page 6 July 17, 2025City Council Meeting Minutes west side of North Grantland Avenue between West Ashlan and West Gettysburg Avenues (Council District 1) 1. ADOPT Environmental Assessment No. P24-04357, dated April 15, 2025, an Addendum to the Final Environmental Impact Report (EIR) State Clearinghouse (SCH) No. 2020039061 for the proposed project pursuant to the California Environmental Quality Act (CEQA); and, 2. BILL (for Introduction and Adoption) of Rezone Application No. P24- 04357 proposing to amend the Official Zone Map and existing conditions of zoning relative to timing of the construction of traffic signals for the development of ±155 acres of property from the RS- 5/UGM/cz (Single-Family Residential, Medium Density/Urban Growth Management/conditions of zoning) zone district to the RS-5/UGM/cz (Single-Family Residential, Medium Density/Urban Growth Management/conditions of zoning) zone district, and ±4.64 acres of property from the CC/UGM/cz (Community Commercial/Urban Growth Management/conditions of zoning) zone district to the CC/UGM/cz (Community Commercial/Urban Growth Management/conditions of zoning) zone district. The above item was called to order at 10:24 A.M. and was presented to Council by Supervising Planner Lang. Upon call, no members of the public addressed Council. Public comment closed at 10:31 A.M. There was no Council discussion. BILL B-33 INTRODUCED AND ADOPTED AS ORDINANCE 2025-33 On motion of Councilmember Maxwell, seconded by Councilmember Richardson, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Karbassi, Maxwell, Vang, Richardson and Esparza5 - Absent:Arias and Perea2 - 9:25 A.M. ID 25-985 Tax Equity and Financial Responsibility Act (TEFRA) public hearing. TEFRA HEARING - To hear and consider information concerning the proposed issuance of tax-exempt bonds by California Statewide Communities Development Authority for the purpose of financing or refinancing the acquisition, construction, improvement, equipping, renovation, rehabilitation, remodeling and other capital projects of certain health facilities owned or operated by Kaiser Foundation Hospitals or its affiliates and located in the City of Fresno. City of Fresno ***Subject to Mayoral Veto Page 7 July 17, 2025City Council Meeting Minutes 1. ***RESOLUTION- Approving a plan of finance of the California Statewide Communities Development Authority to issue and reissue revenue bonds for a qualified health facilities project for the benefit of Kaiser Foundation Hospitals or its affiliates, and certain other matters relating thereto. (Subject to Mayor’s Veto) The above item was called to order at 10:32A.M. and was presented to Council by Controller Danisi. Upon call, no members of the public addressed Council. Public comment closed at 10:36 A.M. Council discussion included: Kaiser Permanente as a healthcare option; Kaiser Permanente facility opening timeline, and; community engagement and transparency. RESOLUTION 2025-206 ADOPTED On motion of Councilmember Richardson, seconded by Council President Karbassi, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Karbassi, Maxwell, Vang, Richardson and Esparza5 - Absent:Arias and Perea2 - 10:00 A.M. ID 25-938 Appearance by Kamryn Rodriguez regarding “Immigration within Fresno” (District 6 Resident) APPEARED 10:03 A.M. ID 25-962 Appearance by Stephen Dufur regarding “Tenant Rights Violation” (District 4 Resident) DID NOT APPEAR 10:06 A.M. ID 25-971 Appearance by Christine Thornton regarding “Animal Crisis in Fresno County” (District 2 Resident) REMOVED FROM AGENDA 10:09 A.M. City of Fresno ***Subject to Mayoral Veto Page 8 July 17, 2025City Council Meeting Minutes ID 25-982 Appearance by Darius Assemi regarding “The Occupancies at Parc West” (District 2 Resident) APPEARED 2. CONSENT CALENDAR Upon call, for public comment on all Consent, Contested Consent and Closed Session items, no members of the public addressed Council. During approval of the Consent Calendar, Council President Karbassi reregistered a NO vote for item 2-T (ID 25-976). APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Richardson, seconded by Councilmember Maxwell, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Karbassi, Maxwell, Vang, Richardson and Esparza5 - Absent:Arias and Perea2 - 2.-A.ID 25-983 Approval of the Minutes for June 12, 2025, Regular Meeting, June 17, 2025, Budget Hearing and Special Meetings, June 19, 2025, Regular Meeting, and June 26, 2025, Regular Meeting. APPROVED ON CONSENT CALENDAR 2.-B.ID 25-968 Approve the reappointment of Michael McDonald to the Civil Service Board; the appointment of Kellie Greiner to the Disability Advisory Commission; the reappointments of Paul Halajian and Jason Hatwig to the Historic Preservation Commission; the reappointment of Al Moncada to the Mobile Home Rent Review and Stabilization Commission; the appointments of McKay Duran and Vincent Trillo, and the reappointments of Scott Miller and Laura Ward to the Parks, Recreation, and Arts Commission; and the reappointments of Kathy Bray and Jacqueline Lyday to the Planning Commission. APPROVED ON CONSENT CALENDAR 2.-C.ID 25-987 Approve a Property Tax Allocation Agreement between the City of Fresno and the Fresno County Fire Protection District APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 9 July 17, 2025City Council Meeting Minutes 2.-D.ID 25-966 Actions related to the Non-Exclusive License Agreement with New Tech Aircraft Services, Inc. (dba. NTAS Maintenance & Engineering), a California Corporation, to Provide On-Call Maintenance to Large Transport Category Aircraft Operated by Southwest Airlines Company, a Texas Corporation, at Fresno Yosemite International Airport. (Council District 4) 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and 2. Approve a Non-Exclusive License Agreement (License) with New Tech Aircraft Services, Inc. (dba. NTAS Maintenance & Engineering), a California Corporation (Licensee), to Provide On-Call Maintenance to Large Transport Category Aircraft Operated by Southwest Airlines Company, a Texas Corporation (Southwest), at Fresno Yosemite International Airport (FAT) for the Term of two (2) years, not to exceed the Ending Date of April 30, 2027. The minimum amount of potential revenue generated by this License is approximately $6,000 (in monthly license fees) per year in addition to an eleven percent (11%) of Licensee’s monthly gross revenues from all its operations at FAT. The minimum total anticipated revenue during the life of this License is approximately $12,000.00, plus eleven percent (11%) of Licensee’s monthly gross revenues from all its operations at FAT. APPROVED ON CONSENT CALENDAR 2.-E.ID 25-979 Actions related to the Request for Proposals to manage and operate Non-exclusive On-airport Rental Car Concessions at Fresno Yosemite International Airport (FAT). The potential revenue of the three contracts is $4,846,238 annually. The total anticipated revenue for the five-year term of the three contracts is approximately $24,231,190. (RFP No. 12501615). (Council District 4). 1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense) and Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and 2. Award Avis Budget Car Rental, LLC., a five-year term Agreement for Non-exclusive On-airport Rental Car Concessions (RAC Concession Agreement) at FAT and authorize the Director of Aviation (Director) to execute the contractual document(s); and 3. Award Enterprise Rent-A-Car of Sacramento, LLC., a five-year term RAC Concession Agreement at FAT and authorize the Director to execute the contractual document(s); and 4. Award The Hertz Corporation a five-year term RAC Concession Agreement at FAT and authorize the Director to execute the contractual document(s). City of Fresno ***Subject to Mayoral Veto Page 10 July 17, 2025City Council Meeting Minutes APPROVED ON CONSENT CALENDAR 2.-F.ID 25-920 Actions pertaining to the Senior Activity Center Project: (Council District 4) 1. ***RESOLUTION - Adopt the Second Amendment to the Annual Appropriation Resolution (AAR) No. 2025-179 appropriating $1,582,700 for the Senior Activity Center Project (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto); 2. Approve Design-Build Contract Amendment No. 2 to the Progressive Design-Build Agreement with Integrated Community Development of Woodland Hills, California to increase the design-build fee by an amount not to exceed $514,647.00, add an Owner Contingency in an amount not to exceed $1,068,053.00, and modify contract terms related to the use of contingency funds. The total amended contract is an amount not to exceed $32,119,076.00. RESOLUTION 2025-207 ADOPTED APPROVED ON CONSENT CALENDAR 2.-G.ID 25-953 Actions pertaining to the Radio Park Renovation Rebid Project (Bid File 12501299) (Council District 7): 1. ***RESOLUTION - Adopting the 3rd Amendment to the Annual Appropriation Resolution (AAR) No. 2025-179 reappropriating $8,113,300.00 of carryover funding for the Radio Park Renovation Rebid Project (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto); 2. Award a construction contract in the amount of $9,177,239.80, for the Base Bid only, to American Paving Co. Inc. of Fresno, California, as the lowest responsive and responsible bidder for the Radio Park Renovation Rebid Project. RESOLUTION 2025-208 ADOPTED APPROVED ON CONSENT CALENDAR 2.-H.ID 25-947 Approve Fourth Amendment to the Consultant Services Agreement, dated January 22, 2019, with BKF Engineers, of San Jose, California, in the amount of $155,550, increasing the total contract amount not to exceed of $333,143 for the Midtown Trail Segment 3 Project. (Council District 7) APPROVED ON CONSENT CALENDAR 2.-I.ID 25-950 Approve a Sixth Amendment to the Consultant Services Agreement with Blair, Church & Flynn, Consulting Engineers, Inc., of Clovis, California, in the amount of $368,200.00 to provide additional civil engineering design, bidding, and construction support services for Phase II (Florence Avenue to Church Avenue) and Phase III (Church Avenue to Jensen Avenue) of the City of Fresno ***Subject to Mayoral Veto Page 11 July 17, 2025City Council Meeting Minutes Peach Avenue Widening Project (Project), for a total contract value, including Phase I, of $720,124.00. (Council District 5) APPROVED ON CONSENT CALENDAR 2.-K.ID 25-977 Approve Contract Change Order No. 3 in the amount of $195,255.31, with no additional working days for unforeseen work required outside of the original scope with Audeamus, Inc., dba Sebastian, of Fresno, California for the Rebid Jensen Avenue Corridor Intelligent Transportation System Adaptive from Elm to Temperance Avenues Project - Project ID PW00922. (Bid File 3867) (Council Districts 3 and 5) APPROVED ON CONSENT CALENDAR 2.-L.ID 25-972 RESOLUTION - Of the Council of the City of Fresno, California, Making Certifications and Claims Concerning Measure C Local Transportation Purposes Pass-Through Projects and Program Funds Annual Allocation for Fiscal Year 2025-2026 and Requesting Allocation of Available Funds RESOLUTION 2025-209 ADOPTED APPROVED ON CONSENT CALENDAR 2.-M.ID 25-973 Approve the Fourth Amendment to the Bank of America contract for banking services for an additional term to expire on December 28, 2025. APPROVED ON CONSENT CALENDAR 2.-N.ID 25-963 Actions pertaining to the City Hall Lift Station Rehabilitation located at 2600 Fresno Street (Bid File 12500159) (District 3): 1.Adopt finding a Categorical Exemption pursuant to Section 15301 Existing Facilities of the California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract with Estate Design & Construction, of Los Angeles, California, in the amount of $588,700 for the City Hall Lift Station Rehabilitation project located at 2600 Fresno Street 3. Authorize the Director of General Services or designee to execute all related documents APPROVED ON CONSENT CALENDAR 2.-O.ID 25-967 Approve the Award of a Cooperative Purchase Agreement to PB Loader Corporation of Fresno, California, for the purchase of two Peterbilt 567 dump trucks in the amount of $691,208 for the Department of Public Utilities and the Department of Public Works APPROVED ON CONSENT CALENDAR 2.-P.ID 25-955 Actions pertaining to the License Agreement between the City of Fresno City of Fresno ***Subject to Mayoral Veto Page 12 July 17, 2025City Council Meeting Minutes and Fresno County: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines 2. Authorize the Chief of Police to enter into a License Agreement with the Fresno County Sheriff’s Office, effective July 1, 2025, to continue to co-locate the Fresno Police Department and Fresno County Sheriff’s Office convicted sexual offender registration programs, through a shared use of facility agreement, located in the South Annex Jail at 2280 Fresno Street, in the amount not to exceed $20,000 annually, with an initial term of three years and the option for two one-year extensions APPROVED ON CONSENT CALENDAR 2.-Q.ID 25-956 Actions pertaining to the License Agreement for City-owned property at Romain Park (District 7): 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines 2. Approve the License Agreement between the City of Fresno and New Cingular Wireless PCS LLC, to license use of certain real property, together with access to construct, install, maintain, and operate a seventy-foot communications tower, antenna, and attendant building located at Romain Park at 745 N First Street for an initial term of four years that will automatically extend for five successive four year periods and a total contract revenue of $1,070,449 APPROVED ON CONSENT CALENDAR 2.-R.ID 25-975 RESOLUTION - Approving the application to the Land and Water Conservation Fund grant program for Phase II Development of South Peach Avenue Park project located at 2155 South Peach Avenue in an amount not to exceed $6 million and authorizing the City Manager or designee to sign all related documents on behalf of the City (District 5) RESOLUTION 2025-210 ADOPTED APPROVED ON CONSENT CALENDAR 2.-S.ID 25-969 ***RESOLUTION - Adopting the 1st Amendment to the Annual Appropriation Resolution No. 2025-179 to Increase Appropriations by $110,000 for Costs Associated with the July 2025 Summer Swim Aquatics Programming (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) RESOLUTION 2025-211 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 13 July 17, 2025City Council Meeting Minutes APPROVED ON CONSENT CALENDAR 2.-T.ID 25-976 ***RESOLUTION - Authorizing the City Manager or Designee to Apply for and Accept a Grant for up to $3 million from the Board Of State and Community Corrections (BSCC) California Violence Intervention and Prevention (CALVIP) grant program to fund violence prevention and intervention programming. (Citywide) (Subject to Mayor’s Veto) During approval of the Consent Calendar, Council President Karbassi reregistered a NO vote for the above item. As such, this item was approved 4-1 by the following vote: Aye: 4 - Maxwell, Vang, Richardson, Esparza No: 1 - Karbassi Absent: Perea, Arias RESOLUTION 2025-212 ADOPTED APPROVED ON CONSENT CALENDAR 2.-U.ID 25-980 ***RESOLUTION - Adopt the First Amendment to the FY 2026 Salary Resolution No. 2025-826 amending Exhibit 8, Unit 8, Non-Represented, by adding the new classification of Per Diem Veterinarian and providing a flat rate per shift, and modifying the Appendix to Salary Resolution to add a new footnote, effective July 28, 2025 (Subject to Mayor’s Veto) RESOLUTION 2025-213 ADOPTED APPROVED ON CONSENT CALENDAR 2.-V.ID 25-603 Actions pertaining to the emergency repair of Valley Inn, located at 933 N. Parkway Drive, an emergency shelter, APN: 449-335-32 (District 3): 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines; and 2. ***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, property, and authorizing the Planning and Development Director or designee to enter into agreements without competitive bidding for the rehabilitation of units and removal of hazardous materials; and approving a contract with Olsen Construction for the emergency reconstruction of units at the emergency shelter for an amount not to exceed $75,000. (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) RESOLUTION 2025-214 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 14 July 17, 2025City Council Meeting Minutes APPROVED ON CONSENT CALENDAR 2.-W.ID 25-790 Actions pertaining to the HOME Investment Partnerships American Rescue Plan Program (HOME-ARP) 1. Approve the agreement between the City of Fresno and WestCare California Inc. (WestCare) in the amount of $229,150 to provide homeless prevention services, short- and medium-term rental assistance, and case management. 2. Approve the agreement between the City of Fresno and Poverello House in the amount of $229,150 to provide homeless prevention services, short- and medium-term rental assistance, supportive services, and case management. 3. Approve the agreement between the City of Fresno and Central Unified School District (CUSD) in the amount of $75,000 to provide utility assistance services. APPROVED ON CONSENT CALENDAR 2.-X.ID 25-900 Approve the Fifth Amendment to the Consultant Services Agreement with De Novo Planning Group for environmental analysis services for the West Area Neighborhoods Specific Plan Environmental Impact Report, extending the contract performance period to December 31, 2025, for no additional cost. APPROVED ON CONSENT CALENDAR 2.-Y.ID 25-906 Actions pertaining to the Homeless Housing, Assistance, and Prevention (HHAP) program: 1. ***RESOLUTION - Authorizing application for and acceptance of funding from the State of California Business, Consumer Services and Housing Agency’s (BCSH) Department of Housing and Community Department (HCD) as a regional applicant for the sixth round of Homeless Housing, Assistance, and Prevention Program (HHAP) and authorizing the City Manager to sign all required implementing documents. (Subject to Mayor’s Veto) 2. Approve a Memorandum of Understanding committing the City to participate in and comply with the jointly completed Regionally Coordinated Homelessness Action Plan and application for the sixth round of HHAP RESOLUTION 2025-215 ADOPTED APPROVED ON CONSENT CALENDAR 2.-AA.ID 25-945 Active Transportation Advisory Committee (ATAC) Semi-Annual Report (October 2024 through March 2025) (Citywide). APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 15 July 17, 2025City Council Meeting Minutes 2.-BB.ID 25-954 RESOLUTION - Approving the Final Map of Tract No. 6387, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the northeast corner of North Garfield Avenue and West Ashlan Avenue. (Council District 1) RESOLUTION 2025-216 ADOPTED APPROVED ON CONSENT CALENDAR 2.-CC.ID 25-960 RESOLUTION - Of Intention to Annex Final Tract Map No. 6246 as Annexation No. 158 to the City of Fresno Community Facilities District No. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, August 28, 2025, at 9:10 am (Located on the north side of North Alicante Drive and North Faldo Lane) (Council District 6). RESOLUTION 2025-217 ADOPTED APPROVED ON CONSENT CALENDAR 2.-DD.ID 25-961 RESOLUTION - Approving the Final Map of Tract No. 6449, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located south of West Dakota Avenue between North Hayes Avenue and North Bryan Avenue (Council District 1). RESOLUTION 2025-218 ADOPTED APPROVED ON CONSENT CALENDAR 2.-EE.ID 25-873 Actions pertaining to the Department of Transportation Fresno Area Express (FAX) Bus Stop ADA Upgrades Phase C Project: 1. Adopt Environment Assessment No. P25-873, dated July 17, 2025, a determination that the proposed project qualifies for categorical exemption as set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15301/Class 1 and Section 15302/Class 2, of the State of California CEQA Guidelines. 2. Award a construction contract to Juarez Brothers General Engineering INC, of Madera, California, in the amount of $507,828 for the Department of Transportation Fresno Area Express (FAX) Bus Stop ADA Upgrades Phase C project, within the City of Fresno, and authorize the City Manager or designee to execute all related documents. (Bid File #12501771) APPROVED ON CONSENT CALENDAR 2.-FF.ID 25-924 Approve the Department of Transportation / Fresno Area Express (FAX) federally mandated Title VI Service Equity Analysis for proposed service City of Fresno ***Subject to Mayoral Veto Page 16 July 17, 2025City Council Meeting Minutes changes, with conclusions of no disparate impacts on minority populations or disproportionate burdens on low-income populations. APPROVED ON CONSENT CALENDAR 2.-GG.ID 25-951 Approve the appointment of Robert Topete to the Fresno Regional Workforce Development Board (FRWDB) for a term ending November 1, 2026. APPROVED ON CONSENT CALENDAR CONTESTED CONSENT CALENDAR 2.-J.ID 25-957 Approve Contract Change Order No. 11 in the amount of $301,686.91, with no additional working days for the Overrun of Bid Item Quantities, the repair of pumping subgrade areas, and the addition of two residential traffic circles with Cal Valley Construction, Inc. of Fresno, California for City of Fresno Paving Bid Package at Various Locations Project - Project ID SM00050. (Bid File 12402606) (Council Districts - 1, 3, 4, 5, 6 and 7) Councilmember Maxwell moved the above item to Contested Consent for clarification of the owner and the contract change order. Council discussion included: an over of the contract; total change orders and cost increases; the specifics of change order number 11; the project scope and timelines; the addition of a traffic circle; quality control concerns; legal and financial implications of not approving the change order; design and bid estimation challenges; internal capacity for the work involved; the public expectations and the responsibility of the council; the punch list process and resulting payment leverage, and; legal and operational realities. Council President Karbassi motioned to approve original staff recommendation. Councilmember Vang second the motion. The motion FAILED 3-2 by the following vote: Aye: 2 - Vang, and Esparza No: 3 - Karbassi, Maxwell, and Richardson Absent: - 2 Perea, and Arias On motion of Councilmember Richardson to approve the change order with the retention held until work is evaluated and found to be the standards that's expected by the city and by the constituents, City of Fresno ***Subject to Mayoral Veto Page 17 July 17, 2025City Council Meeting Minutes seconded by Councilmember Maxwell, that the above Action Item be ADOPTED AS AMENDED. The motion carried by the following vote: Aye:Karbassi, Maxwell, Richardson and Esparza4 - No:Vang1 - Absent:Arias and Perea2 - 2.-Z.ID 25-925 Actions pertaining to Service Agreements with Poverello House (Poverello): 1. Approve an agreement (Bid File 12500851) to operate a 30-bed emergency shelter at Clarion Pointe from July 31, 2025 through December 31, 2026 in an amount not to exceed $2,002,382.75; 2. Approve an agreement to provide outreach services (Bid File 12501983) in the downtown and Blackstone corridor encampments from July 31, 2025 through October 31, 2026 in an amount not to exceed $1,507,754.00. (Council Districts 3 and 4) Councilmember Richardson moved the above item to Contested Consent for clarification on the agreement. Council discussion included: re-evaluation and re-approval of the standing deal with Poverello house; the importance of nonprofits and community partners; concerns from constituents; service implementation and planning; policy and outreach efforts; the continuation of services at the request of business owners; support for businesses and legal remedies; contact information for city officials; the types of services provided; the roles and limitations of the Outreach Team; permission and coordination with property owners; weekly monitoring and efforts to disperse; expert advice and best practices, and; balancing benevolence and business impact. APPROVED On motion of Councilmember Richardson, seconded by Councilmember Maxwell, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Karbassi, Maxwell, Vang, Richardson and Esparza5 - Absent:Arias and Perea2 - 3. GENERAL ADMINISTRATION 3.-A.ID 25-902 WORKSHOP - Measure C Renewal Presentation City of Fresno ***Subject to Mayoral Veto Page 18 July 17, 2025City Council Meeting Minutes The above item was presented to Council by Robert Phipps, Executive Director of Fresno Council of Governments, and by Kendall Flint, DKS Project Manager. Council discussion included: the Measure “C” Household contribution estimate; population growth and the Measure “C” duration; funding and possible leverage strategies; the impact on local and regional projects; outreach and community engagement efforts; an update on the Steering Committee structure, governance, and membership; representation disparity on the Steering Committee; the removal of a City of Fresno Steering Committee member, Brooke Ashjian; appointment and re-appointment procedures for Steering Committee members; concerns over City of Fresno representation on the Steering Committee and the authority of the Steering Committee Chair, and; accountability and public trust. PRESENTED UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed the Council with unscheduled communication: Hester Hensley, and Susana Osuna. 4. CITY COUNCIL 5. CLOSED SESSION During open session, City Attorney Janz announced each of the items that would be discussed in closed session. Council withdrew to closed session at 3:49 P.M. 5.-A.ID 25-984 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Anthony Garcia; Sumeet Malhi Employee Organization(s): 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 202, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of City of Fresno ***Subject to Mayoral Veto Page 19 July 17, 2025City Council Meeting Minutes Firefighters, Local 202, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA). 11. Employee Organization(s): Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager, Assistant City Attorney, Assistant City Manager, Assistant Controller, Assistant Director, Assistant Director of Personnel Services, Assistant Director of Public Utilities, Assistant Director of Public Works, Assistant Police Chief, Assistant Retirement Administrator, Background Investigator, Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief Information Officer, Chief Labor Negotiator, Chief of Staff to Councilmember, Chief of Staff to the Mayor, City Attorney (City Negotiator, Council President Karbassi), City Attorney Investigator, City Clerk (City Negotiator, Council President Karbassi), City Engineer, City Manager (City Negotiator, Mayor Dyer), Community Coordinator, Community Outreach Specialist, Controller, Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy City Manager, Director, Director of Aviation, Director of Development, Director of Personnel Services, Director of Public Utilities, Director of Transportation, Economic Development Coordinator, Economic Development Director, Executive Assistant to Department Director, Executive Assistant to the City Attorney, Executive Assistant to the City Council, Executive Assistant to the City Manager, Executive Assistant to the Mayor, Fire Chief, Governmental Affairs Manager, Human Resources Manager, Independent Reviewer, Internal Auditor, Investment Officer, Management Analyst II, Payroll Accountant, Payroll Manager, Police Chief, Principal Budget Analyst, Principal Internal Auditor, Principal Labor Relations Analyst, Project Liaison/Program Administrator, Public Affairs Officer, Public Works Director, Retirement Administrator, Retirement Benefits Manager, Retirement Office Manager, Senior Budget Analyst, Senior City Attorney Investigator, Senior Deputy City Attorney I, Senior Deputy City Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk Analyst, Senior Law Clerk, Supervising Deputy City Attorney, Veterinarian The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-B.ID 25-888 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) City of Fresno v. County of Fresno; Fresno Superior Court Case No.: 24CECG01199 The above item was discussed in closed session. There were no open City of Fresno ***Subject to Mayoral Veto Page 20 July 17, 2025City Council Meeting Minutes session announcements for this item. DISCUSSED 5.-C.ID 25-897 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Kay Moseley v. City of Fresno, et al., Fresno Superior Court Case No. 22CECG02902 The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-D.ID 25-994 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-E.ID 25-995 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED ADJOURNMENT The Council meeting adjourned from closed session at 5:01 P.M. in Memory of Aviation Director, Henry Thompson. City of Fresno ***Subject to Mayoral Veto Page 21 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes City Council President - Mike Karbassi Vice President - Miguel Angel Arias Councilmembers: Annalisa Perea, Tyler Maxwell, Brandon Vang, Nick Richardson, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, MMC 12:30 PM Council ChambersMonday, July 28, 2025 Special Meeting The City Council met in special session in the Council Chamber, City Hall, on the date and time above written. 12:36 P.M. ROLL CALL Vice President Arias joined the meeting at 12:43 P.M. Council President Mike Karbassi Vice President Miguel Angel Arias Councilmember Annalisa Perea Councilmember Tyler Maxwell Councilmember Brandon Vang Councilmember Nick Richardson Councilmember Nelson Esparza Present:7 - Pledge of Allegiance to the Flag Council President Karbassi led the Pledge of Allegiance. APPROVE AGENDA On motion of Councilmember Perea, seconded by Councilmember Maxwell, the Agenda was APPROVED. The motion carried by the following vote: Aye:Karbassi, Perea, Maxwell, Vang, Richardson and Esparza6 - Absent:Arias1 - City of Fresno ***Subject to Mayoral Veto Page 1 July 28, 2025City Council Meeting Minutes ID 25-1040 Notice of Special Meeting - Signed CLOSED SESSION Upon call, no members of the public addressed Council. During open session, City Attorney Janz announced each of the items that would be discussed in closed session. Council withdrew to closed session at 12:40 P.M. A.ID 25-1043 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Anthony Garcia; Sumeet Malhi Employee Organization(s): 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 202, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 202, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA). 11. Employee Organization(s): Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager, Assistant City Attorney, Assistant City Manager, Assistant Controller, Assistant Director, Assistant Director of Personnel Services, Assistant Director of Public Utilities, Assistant Director of Public Works, Assistant Police Chief, Assistant Retirement Administrator, Background Investigator, Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief Information Officer, Chief Labor Negotiator, Chief of Staff to Councilmember, Chief of Staff to the Mayor, City Attorney (City Negotiator, Council President Karbassi), City Attorney Investigator, City Clerk (City Negotiator, Council President Karbassi), City Engineer, City Manager (City Negotiator, Mayor Dyer), Community Coordinator, Community Outreach Specialist, Controller, Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy City Manager, Director, Director of Aviation, Director of Development, Director of Personnel Services, Director of Public Utilities, Director of Transportation, Economic Development Coordinator, Economic Development Director, Executive Assistant to Department Director, Executive Assistant to the City Attorney, Executive Assistant to the City Council, Executive Assistant to the City Manager, Executive Assistant to the Mayor, Fire Chief, Governmental Affairs City of Fresno ***Subject to Mayoral Veto Page 2 July 28, 2025City Council Meeting Minutes Manager, Human Resources Manager, Independent Reviewer, Internal Auditor, Investment Officer, Management Analyst II, Payroll Accountant, Payroll Manager, Police Chief, Principal Budget Analyst, Principal Internal Auditor, Principal Labor Relations Analyst, Project Liaison/Program Administrator, Public Affairs Officer, Public Works Director, Retirement Administrator, Retirement Benefits Manager, Retirement Office Manager, Senior Budget Analyst, Senior City Attorney Investigator, Senior Deputy City Attorney I, Senior Deputy City Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk Analyst, Senior Law Clerk, Supervising Deputy City Attorney, Veterinarian The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED OPEN SESSION Upon call, no members of the public addressed Council. A.ID 25-1038 ***RESOLUTION - Suspending the Labor Management Act for 34 days (Subject to Mayor’s veto) RESOLUTION 2025-219 ADOPTED On motion of Councilmember Perea, seconded by Councilmember Esparza, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Karbassi, Perea, Maxwell, Vang, Richardson and Esparza6 - Absent:Arias1 - B.ID 25-1039 Actions pertaining to the Fresno Police Officers Association, FPOA-Non-Management for Unit 4 1. ***Adopt a successor Memorandum of Understanding between the City of Fresno and Fresno Police Officers Association (Non-Management Police - Unit 4) (Subject to Mayor’s veto) 2. ***RESOLUTION: Adopt the Third Amendment to FY 2026 Salary Resolution No. 2025-177, amending Exhibit 4, Unit 4 - Non-Management Police (FPOA), to provide a salary increase for respective classes as required by the Memorandum of Understanding between the City of Fresno and Fresno Police Officers Association (Non-Management Police - Unit 4) (Subject to Mayor’s veto) RESOLUTION 2025-220 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 3 July 28, 2025City Council Meeting Minutes On motion of Councilmember Maxwell, seconded by Councilmember Richardson, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Karbassi, Arias, Perea, Maxwell, Vang, Richardson and Esparza 7 - C.ID 25-1041 Actions pertaining to the Fresno Police Officers Association, FPOA- Management for Unit 9 1. ***Adopt a successor Memorandum of Understanding between the City of Fresno and Fresno Police Officers Association (Police Management - Unit 9) (Subject to Mayor’s veto) 2. ***RESOLUTION: Adopt the Fourth Amendment to FY 2026 Salary Resolution No. 2025-177, amending Exhibit 9, Unit 9 - Police Management (FPOA), to provide a salary increase for respective classes as required by the Memorandum of Understanding between the City of Fresno and Fresno Police Officers Association (Police Management- Unit 9) (Subject to Mayor’s veto) RESOLUTION 2025-221 ADOPTED On motion of Councilmember Maxwell, seconded by Councilmember Richardson, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Karbassi, Arias, Perea, Maxwell, Vang, Richardson and Esparza 7 - D.ID 25-1042 Actions pertaining to the City of Fresno Management Employees Association, CFMEA for Unit 14 1. ***Adopt a successor Memorandum of Understanding between the City of Fresno and the City of Fresno Management Employees Association (Management Classes - Unit 14) (Subject to Mayor’s veto) 2. ***RESOLUTION: Adopt the Second Amendment to FY 2026 Salary Resolution No. 2025-177, amending Exhibit 14, Unit 14 - Management Classes (CFMEA), to provide a salary increase for respective classes as required by the Memorandum of Understanding between the City of Fresno and the City of Fresno Management Employees Association (Management Classes - Unit 14) (Subject to Mayor’s veto) RESOLUTION 2025-222 ADOPTED On motion of Councilmember Maxwell, seconded by Councilmember Richardson, that the above Action Item be ADOPTED. The motion City of Fresno ***Subject to Mayoral Veto Page 4 July 28, 2025City Council Meeting Minutes carried by the following vote: Aye:Karbassi, Arias, Perea, Maxwell, Vang, Richardson and Esparza 7 - ADJOURNMENT The special meeting adjourned from open session at 12:56 P.M. City of Fresno ***Subject to Mayoral Veto Page 5 File #:ID 25-1105 Agenda Date:8/14/2025 Agenda #: 2.-B. The City advertised on Planet Bids on February 21, 2025. There were 15 prospective bidders. At the conclusion of the RFP opening, three proposers submitted proposals as follows: 1. ATG Entertainment 2. The Sport Facilities Company 3. ASM Global (current contract holder) The committee recommends rejecting all bids for this RFQ and conducting a new RFQ process. The vendors that applied during this round of bidding are welcome to submit their proposals again and outreach will be conducted to potentially attract additional new bidders. ENVIRONMENTAL FINDINGS By the definition of the California Environmental Quality Act (CEQA) Guidelines Section 15378, the approval of this item does not qualify as a “project” for the purpose of CEQA. LOCAL PREFERENCE Local preference is not applicable because this action is to reject all bids. FISCAL IMPACT There is no impact on the General Fund. This item is for the rejection of all received bids. Attachments: Committee Bid Evaluation Report City of Fresno Printed on 8/19/2025Page 2 of 2 powered by Legistar™ File#: 12501852 Opening Date: 3/14/2025 Request for Qualifications Evaluation Committee Report COMMITTEE MEMBERS: RUTH F. QUINTO, CPA – Assistant City Manager, Office of the Mayor & City Manager NICK MASCIA – Assistant City Manager, Office of the Mayor & City Manager JENNIFER RUIZ – Deputy City Manager, Office of the Mayor & City Manager BRIAN BARR – Director, General Services Department CLIFFORD TRAUGH – Assistant Director, General Services Department KARIN TEMPLE – Community Member BACKGROUND: The City solicited proposals from qualified private management firms for the operation and promotion of the Fresno Convention and Entertainment Center (FCEC). It is the City's desire to find a firm that can deliver a broad array of cultural, educational, entertainment, sporting, meeting, conference, and exhibition activities to provide a wide variety of events for the region’s residents while maximizing the event mix to optimize revenues available for reinvestment in the facility. The City has an existing contract for management services of the FCEC, however, it expired in June 2025 and was recently extended to December 31, 2025 to allow additional time for the bidding process. The City advertised on Planet Bids on February 21, 2025. There were 15 prospective bidders. At the conclusion of the RFP opening, three proposers submitted proposals as follows: 1. ATG Entertainment 2. The Sport Facilities Company 3. ASM Global (current contract holder) SIGNIFICANT EVENTS: RFQ Release: 2/21/2025 Opening: 3/14/2025 Committee Evaluation: 3/28/2025 Proposer Interviews: 4/03 – 4/04/2025 Final Committee Selection: *Recommendation to Reject All Bids EVALUATION CRITERIA AS LISTED IN THE RFQ: ,6098325Ā-5:14671Ā/,*Ā&,,'.%"'Ȁ,.+#Ȁ%,+)Ȁ)&(!Ȁ%$#().!+'+#. File#: 12501852 Opening Date: 3/14/2025 1. Qualifications 2. City objectives 3. Demonstrated experience and understanding of the local demographics 4. Community expectations 5. Regional tourism dynamics 6. Financial capacity and soundness 7. Timeframe of the development Response 8. Capacity to perform the proposed development within the timeframe 9. Any other factors, whether quantifiable or not EVALUATION COMMITTEE NOTES: ATG ENTERTAINMENT The company presented as a professional and strong team that is very experienced in the theater industry. They operate internationally and have 24 venues in the United States. However, the evaluation committee’s primary concern about this vendor is that they did not have experience operating convention center venues. Fresno would be the first convention center venue in their portfolio which poses a significant risk that was not sufficiently addressed in the interview discussions. THE SPORTS FACILITIES COMPANY The company demonstrated a strong administrative corporate framework to support the network of venues that they currently manage. The committee’s primary concern is that the company is almost exclusively focused on sports facilities that target local athletics. A review of the websites of the facilities the company chose to highlight found “open gym” sessions and only a handful of sporting events advertised. There did not appear to be a connection to a ticketing platform for major events in any of these facilities, which causes concern about the capacity the company has to attract and manage higher-profile concerts or other events. The company’s business model seems to be a closer fit to how the City of Fresno runs and operates its multiple community centers, rather than the convention center. ASM GLOBAL The company is the current contract holder and does demonstrate that it has the corporate infrastructure necessary to manage the facility as it has been doing so for over 15 years. However, the committee’s primary concern is that the company’s proposal represented a status-quo operating model whereas it was communicated to each vendor that the City is looking for a more vibrant, utilized, and well-connected convention center operation. The company did not offer ideas on how to improve the profitability of the center, attract bigger or higher-profile acts, nor clearly articulate how specific facility improvements (either newly proposed or already in progress) could improve profitability. ,6098325Ā-5:14671Ā/,*Ā&,,'.%"'Ȁ,.+#Ȁ%,+)Ȁ)&(!Ȁ%$#().!+'+#. File#: 12501852 Opening Date: 3/14/2025 SUMMARY RECOMMENDATION The committee recommends rejecting all bids for this RFQ and then conduct a new RFQ process. The vendors that applied during this round of bidding are welcome to submit their proposals again and outreach will be conducted to potentially attract additional new bidders. ,6098325Ā-5:14671Ā/,*Ā&,,'.%"'Ȁ,.+#Ȁ%,+)Ȁ)&(!Ȁ%$#().!+'+#. File#: 12501852 Opening Date: 3/14/2025 Evaluation Committee Sign-Off The following Evaluation Committee voting members have read the enclosed report and concur with the findings as written: __________________________ RUTH F. QUINTO, CPA NICK MASCIA Assistant City Manager Assistant City Manager Office of the Mayor & City Manager Office of the Mayor & City Manager ________________________ JENNIFER RUIZ BRIAN BARR Deputy City Manager Director Office of the Mayor & City Manager General Services Department ________________________ CLIFFORD TRAUGH KARIN TEMPLE Assistant Director Community Member General Services Department ,6098325Ā-5:14671Ā/,*Ā&,,'.%"'Ȁ,.+#Ȁ%,+)Ȁ)&(!Ȁ%$#().!+'+#. ( ## #!#& ( #$ #!#& ( ## #!#& ( ## #!#& ( ## #!#&( ## #!#& File #:ID 25-1093 Agenda Date:8/14/2025 Agenda #: 2.-C. an active Allocation Agreement since 2003. The current Allocation Agreement between the City of Fresno (“City”) and the District expires on August 19, 2025. A renegotiated or extended Allocation Agreement is required as a condition of the Memorandum of Understanding between the City and the County of Fresno relating to property tax sharing, sales tax sharing, annexation, and development within the City’s sphere of influence (“Tax Sharing MOU”). An updated Tax Sharing MOU was approved by the City Council on July 1, 2025, however, three changes from the July 17, 2025 version have been requested by the District. As with the agreement that was approved by Council on July 17, 2025, the attached agreement continues to address forced annexations in section 4 but now clarifies “substantially developed”. The second change clarifies language in Exhibit B so that it mirrors the language in section 3.a. Finally, the revisions amend section 20 to remove “elected” officials from the City’s indemnity of the District as the District does not have elected officials. All other provisions remain included in this Allocation Agreement addressing previous concerns and issues such as the calculation of the “transition fee”. A redline version from the Council’s July 17, 2025 version is attached. Other aspects of the Allocation Agreement continue to include: ·The District agrees to indemnify and defend the City for the calculation and collection of the fee ·The term of the Allocation Agreement is for a period of 10 years, plus one additional 10-year extension with the agreement of both the City and the District ·The City and the District agree that this Allocation Agreement satisfies the intent and purpose of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 The agreement has been approved by the City Attorney’s Office as to form. ENVIRONMENTAL FINDINGS This is not a project under CEQA pursuant to CEQA Guidelines section 15378. LOCAL PREFERENCE Not applicable. FISCAL IMPACT There is no immediate fiscal impact as the fee is intended to be paid in full by new development as a condition of annexation and/or approval, and this additional revision has no fiscal impact. Attachments: Property Tax Allocation Agreement_Redline Property Tax Allocation Agreement_Clean City of Fresno Printed on 8/19/2025Page 2 of 2 powered by Legistar™ 525153v6 PROPERTY TAX ALLOCATION AGREEMENT BETWEEN THE CITY OF FRESNO AND THE FRESNO COUNTY FIRE PROTECTION DISTRICT This Property Tax Allocation Agreement (Agreement) is entered into and effective August 19, 2025 (Effective Date), between the City of Fresno, a California Charter city and municipal corporation (City) and the Fresno County Fire Protection District (District), a local fire protection district organized and existing as a California Special District under provisions of the Fire Protection District Law of 1987 (Health & Safety Code Section 13800 et seq.,) with respect to the following Recitals, which are incorporated as a substantive part of this Agreement. RECITALS A. The District is the primary provider of fire suppression, prevention, rescue, emergency medical services and hazardous material emergency response and other services relating to the protection of lives and property (Fire Protection Services) within its territorial limits, which includes areas near the incorporated centers of the County of Fresno (County), including the City. Current District boundaries are reflected in Exhibit 1, attached and incorporated by this reference. The District also provides Fire Protection Services to certain incorporated cities and substantial portions of unincorporated areas within the County. B. The City is the provider of Fire Protection Services within its corporate limits. C. The District's primary source of funding comes from general purpose ad valorum property tax revenue from all real property within its territory (property taxes). The revenue within involved tax rate areas is based on the combined “parent zone” and applicable “service zone" tax rates to the taxable value of the real property within such territory. D. From time to time in connection with proposed property development, territory within the District is annexed into the City and detached from the District. Although District no longer services properties that annex into the City and detach from the District, District wide service obligations and regional support are not reduced commensurately. To address the impact of the resulting loss of property tax revenue on District facilities, equipment and personnel, and partially mitigate impacts upon the District from annexations and detachments, Fresno County Local Agency Formation Commission (LAFCo) policy requires the City and District to reach an agreement governing the transition of Fire Protection Services. E. For the past 31 years District and the incorporated cities in the County have operated under transition agreements, the most recent covering the last ten (10) years (2015 Transition Agreement), under which City agreed to pay District a yearly sum of money upon annexation and detachment of property reflecting a percentage of Property 2 525153v6 Taxes District would have received had the property not been annexed for a period of 10 years. F. The District and City desire to enter into a new agreement under substantially the same terms, removing obsolete language, and providing for a new 10-year term with an option for the parties to extend the term for an additional 10 years. G. The intent of this Agreement is to apply to all unincorporated areas that are within the jurisdictional boundaries of the District which may be subject to annexation to the City. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Effect of Recitals. The foregoing Recitals are incorporated in and are a part of this Agreement. 2. Affected Territory. “Affected Territory” shall mean all property that is within unincorporated areas within the jurisdictional boundaries of the District and are subject to annexations or reorganizations into the City and related detachments from the District. 3. Allocation and Payment of Property Taxes. a. Upon the effective date of annexations/reorganizations of Affected Territory into the City and detachment of the Affected Territory from the District , the real property tax previously imposed on the Affected Territory, and collected and allocated by Fresno County for the benefit of the District (“Base Year Allocation” or “BYA”) shall continue to be collected by the County from the City's portion of real property taxes, but paid to the City and the City shall allocate and pay the BYA for the Affected Territory to the District for a period of 10 years from the effective date of the specific reorganization. The BYA shall include any increase up to two percent (2%) per annum imposed by the County in accordance with the constitutional rate. Other than a potential up to 2% annual increase in the BYA, the District will not be eligible to receive any increase in the BYA. For the purposes of this Agreement, the effective date of annexations/reorganizations and the date to be used for when the tax reallocation to District commences, shall be the date upon which the annexation of property is recorded with the County Recorder and California State Board of Equalization consistent with applicable law. The District shall be responsible for creating the tax allocation rate schedule and shall allow the City to review and agree to the schedule prior to the District invoicing the City for the BYA. Exhibit 2, attached and incorporated by this reference, sets forth the form of the tax allocation rate schedule the District will provide to City for review and approval for 3 525153v6 each annexation. By way of example only Exhibit 2 also contains an example of the calculation of the BYA. b. The District shall notice and invoice the City to pay the applicable BYA to the District in July of each year. Such notice shall include the applicable tax allocation rate schedule showing the BYA due to the District. City shall send the applicable payment to the District within thirty (30) days after the City’s receipt of the District’s notice, invoice and tax allocation rate schedule. In the event the City does not pay to the District the applicable BYA due to the District within said thirty (30) day period, the amount due to the District shall be assessed interest at the legal rate c ommencing on the thirty first (31) day after the City’s receipt of the District’s notice and tax allocation rate schedule. The City’s failure to make the allocated monetary payment amount due the District within the time period set forth in this subparagraph 3b. shall be considered a material breach of this Agreement. c. The City and the District agree that if it is estimated the annual allocation of BYA over the 10-year allocation period, which includes the 2% annual constitutional rate increase, is less than $10,000, City will pay the entire 10-year allocation in one (1) lump sum at the time the first annual allocation payment is due. 4. Inapplicability of Revenue Sharing to Substantially Developed Areas . The provisions of Section 3 relating to the BYA shall not apply to one substantially developed area of the County if the City is forced to annex any part of that area, as described herein. Should this occur, the City and District agree to enter into negotiations that will produce an agreement in compliance with the provisions of Section 7. The substantially developed area is: • Sunnyside Neighborhood, located in the area generally bounded by Lind Ave., Armstrong Ave., Kings Canyon Rd, and north of the Southern Pacific Railroad . (See Exhibit 3) This exception shall only apply to forced annexations as defined herein. This exception shall not apply to annexations voluntarily initiated by the City. Forced annexations shall mean: (a) Annexations mandated by the State of California. (b) Annexations requested by the County of Fresno and subsequently approved by LAFCo through negotiations with the City over tax sharing agreements or project specific development agreements. (c) Annexations required by LAFCo. (d) Annexations initiated by the voters. 4 525153v6 5. Term. The term of this Agreement shall be for a period of 10 years from the Effective Date, through August 18, 2035, and it shall replace in all respects the 2015 Transition Agreement between the parties, except that obligations which by the terms expressed herein are intended to continue beyond the term of this Agreement shall continue until satisfied. This Agreement may also be extended by an additional period of 10 years from the expiration date with the agreement of both District and City. 6. Affect of Annexations. Upon annexation of affected properties to City, those properties shall detach from the District, and all Property Taxes shall be allocated consistent with Section 3 of this Agreement and existing laws, rules, policies and procedures established in the County, subject to any applicable agreement between City and the County. 7. LAFCo Compliance. District and City agree that this Agreement is intended to satisfy the intent and purpose of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. 8. Non-Opposition to Annexations. District represents and agrees that during the term of this Agreement, it will not oppose further annexation to the City. This agreement not to oppose annexation does not extend to modifications to the City Sphere of Influence or required Municipal Service Reviews adopted by the Fresno County LAFCo. 9. Accounting. District and City agree that their designated representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. District and City agree to maintain such records for a possible audit for a minimum of four (4) years from the recording date of an annexation to the City and to allow access to such records for an audit during normal business hours. 10. Termination. a. Termination Upon Expiration. This Agreement shall terminate upon expiration of its Term, if not extended by agreement. b. Termination Due to Invalidity. Should any material portion of this Agreement be declared invalid or inoperative by a court of competent jurisdiction, this entire Agreement as well as any ancillary documents entered into by the parties in order to fulfill the intent of this Agreement shall immediately be of no force and effect and this Agreement shall terminate in its entirety. c. Termination Due to Material Breach: Right to Cure. This Agreement may be terminated by either party for a material breach and a failure to cure that breach within thirty (30) days after receipt of a notice to cure. d. Termination Due to Change in Law. It is mutually understood and agreed that this Agreement shall terminate immediately and shall be of no further force and effect should substantial substantive changes occur in such statutory scheme or successor statutory schemes (whether by legislative or judicial action) which negate or frustrate the fundamental reasons or tenets of this Agreement, such termination to be in the entirety. 5 525153v6 Any party contending this section applies shall give written notice of termination pursuant to this section, which notice shall include an explanation of the reason(s) for such termination. 11. Renewal of Agreement. Within 60 days after the date of commencement of the ninth year of this Agreement, the District and the City agree to meet and negotiate in good faith, in an attempt to agree upon the terms and conditions of an extension of this Agreement consistent with applicable law at the time. 12. Remedies for Breach of Agreement. In addition to termination of this Agreement for a material breach, the parties may exercise any other remedy available to them at law or in equity, including specific performance, injunctive relief, and writ of mandate. 13. Dispute Resolution. If any dispute arises regarding the interpretation or application of this Agreement or any determination or calculation thereunder, the parties agree upon the request of either of them to meet and attempt to resolve the same amicably for a period not to exceed thirty (30) days. If the dispute is not otherwise resolved, and absent the need for emergency relief or to meet a statute of limitations, the parties agree to enter into mediation before initiating litigation. The parties shall mutually agree upon a mediator and each party shall pay one half (1/2) the cost of the mediator and bear their own costs for the mediation. The mediation shall be completed within sixty (60) days of notice of the intent to undergo mediation. If the mediation is not completed within sixty (60) days of notice, a party may initiate litigation. The parties shall act in good faith and with due diligence to timely complete the mediation. If litigation is commenced before mediation due to one of the reasons mentioned above, the parties agree to immediately commence and complete mediation within sixty (60) days of the commencement of litigation as evidenced by the filing in court of a formal complaint, petition, or similar document. 14. Modification. This Agreement may be modified or amended only by a writing duly authorized and executed by the City and District. 15. Enforcement. The City and District each acknowledge that this Agreement cannot bind or limit themselves or each other or their future governing bodies in the exercise of their discretionary legislative power. However, each binds itself that it will insofar as is legally possible, fully carry out the intent and purposes hereof, if necessary, by administrative and ministerial action independent of that legislative power and that this Agreement may be enforced by injunction or mandate or other writ to the full extent allowed by law. 16. Integration. With respect to the subject matter hereof, this Agreement is intended to be an integrated agreement and supersedes any and all previous negotiations proposals, commitments, writings and understandings of any nature whatsoever between the City and the District as to the subject matter of this Agreement. 6 525153v6 17. Notice. All notices, requests, determinations or other correspondence required or allowed by law or this Agreement to be provided by the parties shall be in writing and shall be deemed given and received when delivered to the recipient by first -class mail (or an equal or better form of delivery) at the following addresses: CITY City Manager City of Fresno 2600 Fresno Street Fresno, California 93721 DISTRICT Fire Chief Fresno County Fire Protection District 210 South Academy Avenue Sanger, California 93657 By giving notice, either party may change its address for these purposes. 18. Third Parties. This Agreement shall not be construed as or deemed an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause of action whatsoever. 19. Subsequent District Agreements. District agrees that if, during the term of this Agreement, District negotiates a property tax allocation involving an annexation to the municipality and a detachment from the District with any other municipality which contains more favorable terms than this Agreement, District shall notify City within thirty (30) days of such agreement and offer those same terms to City. More favorable terms, means, but is not necessarily limited to, another municipality allocating to District a lower percentage of taxes than City allocates District under Section 3 of this Agreement. 20. Indemnification. a. The City shall indemnify and hold harmless the District and its appointed officials, officers, employees, attorneys, volunteers, and agents from and against any and all claims, actions, causes of action, demands, or liabilities of whatsoever kind and nature, including judgments, interest, reasonable attorneys' fees, and all other costs, fees, expenses, and charges (collectively, "Claims") to the extent that such Claims arise out of or were caused by the negligence, gross negligence, or willful misconduct of the City or from any breach of the Agreement by the City. b. The District shall indemnify and hold harmless the City and its elected and appointed officials, officers, employees, attorneys, volunteers, and agents from and against any and all claims, actions, causes of action, demands, or liabilities of whatsoever kind and nature, including judgments, interest, reasonable attorneys' fees, and all other costs, fees, expenses, and charges (collectively, "Claims") to the extent that such Claims arise out of or were caused by the negligence, gross negligence, or willful 7 525153v6 misconduct of the District or from any breach of the Agreement by the District. Notwithstanding the foregoing, the District shall indemnify, defend, and hold harmless the City and its elected and appointed officials, officers, employees, attorneys, volunteers, and agents from and against any and all Claims arising out of or related to collection of the BYA, including, without limitation, calculations related to the BYA. 21. Attorney’s Fees and Costs. In any action to enforce the provisions of this Agreement or for breach of the Agreement, the prevailing party shall recover from the other party, in addition to any damages, injunctive or other relief, all costs (whether or not allowable as “cost” items by law) reasonably incurred at, before and after trial or on appeal, including without limitation attorneys' and witness (expert and otherwise) fees, deposition costs, copying charges and other expenses. 22. Approval. The parties represent that this Agreement was approved by their respective governing boards at a properly noticed meeting. 23. Choice of Law and Venue. This Agreement shall be governed by the laws of the State of California. Venue for actions and proceedings between the parties related to this Agreement shall be in the Eastern District of California for any federal action and, unless otherwise agreed by the parties, in Fresno County Superior Court for state actions. 24. Agreement Mutually Drafted. Each party has participated jointly in the drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties, and the language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent. If an ambiguity or question of intent or interpretation arises, then this Agreement will accordingly be construed as drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any Party to this Agreement by virtue of the authorship of any of the provisions of this Agreement. The captions, headings and table of contents contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 25. Notification to County Auditor-Controller/Treasurer/Tax-Collector. Immediately after the Effective Date of this Agreement, City and District shall furnish a fully executed copy of this Agreement to the Fresno County Auditor-Controller/Treasurer Tax-Collector (County Auditor) at the address listed below. Any Agreement amendment, upon its becoming effective, shall also be furnished to the County Auditor by the City and the District. Fresno County Auditor-Controller/Treasurer Tax-Collector 2281 Tulare Street Fresno, CA 93721 [Signatures follow on next page] 8 525153v6 IN WITNESS WHEREOF, the parties have entered into this Agreement in Fresno County, California. FRESNO COUNTY FIRE PROTECTION DISTRICT By: _____________________________ John Arabian, Board President Date: _____________ ATTEST: By: _____________________________ Brad Richter, Board Vice President Date: _____________ APPROVED AS TO FORM: _______________________________ District Counsel Date: _____________ CITY OF FRESNO, a California municipal corporation By: ____________________________ Georgeanne A. White City Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney By: ____________________________ Jennifer M. Quintanilla Date Senior Deputy City Attorney ATTEST: TODD STERMER, MMC City Clerk By: ____________________________ Deputy Date Attachments: Exhibit 1 – Fresno County Fire Protection District Boundaries Exhibit 2 – Sample Tax Allocation Rate Schedule and Example BYA Calculation Exhibit 3 – Sunnyside Neighborhood 9 525153v6 10 525153v6 Exhibit 2 City of Fresno/ Fresno County Fire Protection District Transition Agreement Base Year Allocation of RO-26-01 “Example Only” Reorganization This tax allocation rate schedule is intended to effectuate the Transition Agreement entered into between the City of Fresno and the Fresno County Fire Protection District effective August 19, 2025. The agreement provides for a payment to the District for 100% of the Base Year Allocation (BYA) for a period of (10) years. The BYA shall include any increase up to two percent (2%) per annum imposed by the County in accordance with the constitutional rate. Year 1 payment is due to the District the fiscal year following the year the City receives its allocation of property taxes from this annexation. Payments due to the District for each fiscal year (July 1 - June 30) will be made no later than August 30 each year for the prior fiscal year. City and District agree that total payments for annexations over a ten-year period that are less than $10,000, City will pay the District the entire 10-year allocation for that annexation in one lump sum at the time the first annual allocation payment is due. Recording Date of: July 17, 2026 Tax Roll Used: 2026 Tax Rate Area (TRA) # 076-052 Total Assessed Value $1,111,409 Net Assessed Value (NAV) at Recording= $1,111,409 Equivalent Tax Rate (ETR) = .00191023 Base Year Allocation (BYA) = $2,123.05 Year BYA + Annual Increase Payment Due Year 1 Payment 2027 $2,123.05 $2,123.05 Year 2 Payment 2028 $2,165.51 2.00% $2,165.51 Year 3 Payment 2029 $2,208.82 2.00% $2,208.82 Year 4 Payment 2030 $2,253.00 2.00% $2,253.00 Year 5 Payment 2031 $2,298.06 2.00% $2,298.06 Year 6 Payment 2032 $2,344.02 2.00% $2,344.02 Year 7 Payment 2033 $2,390.90 2.00% $2,390.90 Year 8 Payment 2034 $2,438.72 2.00% $2,438.72 Year 9 Payment 2035 $2,487.49 2.00% $2,487.49 Year 10 Payment 2036 $2,537.24 2.00% $2,537.24 Total Payment $23,246.81 11 525153v6 Dustin Hail Georgeanne A. White Chief City Manager Fresno County Fire Protection District City of Fresno Date Date 12 525153v6 Exhibit 3 Sunnyside Neighborhood File #:ID 25-1032 Agenda Date:8/14/2025 Agenda #: 2.-D. quantities due to bid item overruns, additional roadway excavation for areas not included in the original contract, and the addition of sod to restore homeowners’ disturbed lawns. Approval of this proposed Contract Change Order will provide compensation to the Contractor for the above- mentioned items. This increase will result in a revised contract total of $1,910,730.96. This project is funded by SB1 Road Maintenance and Rehabilitation Account (RMRA) funds. BACKGROUND The Muir Elementary Safe Routes project local roadway reconstruction, curb and gutter improvements, construction of new sidewalks, improvements to drainage facilities, driveways, and pedestrian ramps along three local streets: Dennett Avenue, Elizabeth Street, and Dudley Avenue, adjacent to Muir Elementary School. The primary purpose of the project is to improve the safety of routes to Muir Elementary School. On May 25, 2023, a contract was awarded in the amount of $1,695,390.00 to Avison Construction Inc. for Muir Elementary Safe Routes Project. The contractor’s Notice to Proceed was issued with a start date of September 8, 2023, with ninety (90) working days for a contract completion date of January 18, 2024. There have been three (3) prior Contract Change Orders approved to date totaling $122,609.04. CCO#CCO Amount Days Added Purpose 1 $48,064.00 18 City directed contractor for additional tree removal 2 $30,677.00 3 City directed contractor to remove even more trees 3 $43,868.00 0 City directed contractor to upgrade manholes at end of life and additional curb and sidewalk City Council approval of Contract Change Order No. 4 for an additional $92,731.92 is required by Resolution 2017-158 (Resolution). The Resolution sets approval thresholds for individual Contract Change Orders which exceed 1% of the total contract price or $100,000.00 or aggregate Contract Orders that exceed 10% of the original Contract amount. The amount of Contract Change Order No. 4 is $92,731.92, which, when combined with previously approved change orders, is an aggregate total of 12.7% of the original Contract amount. This increase will result in a revised contract total of $1,910,730.96. There will be no working days added to the contract time by this Contract Change Order. During the construction of sidewalk improvements along Dudley, unanticipated field conditions forced redesign of the sidewalks and curb and gutters which lead to reconstruction of a portion of Dudley Avenue to conform the roadway to the new gutter elevations. Change Order #4 accounts for this additional work and covers the final bid item rebalancing of the overall contract. Due to staff attrition and contractor differences with final quantities, substantial completion of the project was delayed longer than usual and anticipated. Ultimately, the contractor and City came to a mutual agreement with the final invoiced quantities being favorable to the City. Staff recommends that the City Council authorize the Capital Projects Department Director, or designee, to sign Contract Change Order No. 4 for the Muir Elementary Safe Routes Project on City of Fresno Printed on 8/19/2025Page 2 of 3 powered by Legistar™ File #:ID 25-1032 Agenda Date:8/14/2025 Agenda #: 2.-D. behalf of the City. ENVIRONMENTAL FINDINGS On May 25, 2023, the Council adopted a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines. Based on staff analysis, it was determined that no adverse environmental impacts would occur because of the proposed project and none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project. LOCAL PREFERENCE Local preference is not applicable due to State of California funding requirements. FISCAL IMPACT The Muir Elementary Safe Routes project is located within Council District 3. The project is funded by SB1 RMRA funds. This Change Order will have no impact on the General Fund. Attachments: PW00893 Executed Contract - Avison Construction, Inc. Contract Change Order No. 1 Contract Change Order No. 2 Contract Change Order No. 3 Contract Change Order No. 4 Vicinity Map City of Fresno Printed on 8/19/2025Page 3 of 3 powered by Legistar™ File #:ID 25-1034 Agenda Date:8/14/2025 Agenda #: 2.-E. City Council approval of Contract Change Order No. 5 in the amount of $122,470.55, with fifty-eight (58) additional working days, will allow for work related to: 1) Installation of one monument sign at a cost of $32,428.00 2) Redesign changes at the intersection of West Creek Village and Church Avenue at a cost of $4,540.00 3) Adjustments to the storm drain on the west end of the project resulting from grade changes implemented in Bulletin 2 at a cost of $32,035.55 4) Installation of one four-inch water service at an estimated cost of $12,000.00 5) Installation of shotcrete and re-grading the slope in the play area at a cost of $41,467.00. Approval of this proposed Contract Change Order will allow the project to move forward and provide the necessary supplemental improvements required for project completion. This increase will result in a revised contract total of $10,880,416.92. This project is funded by TCC Grant funding, local Development Park Impact Fees and one-third developer contribution for a portion of the supporting improvements, as detailed in the West Creek Village Development Agreement. BACKGROUND On October 19, 2023, a contract was awarded in the amount of $8,646,293.00 to Avison Construction Incorporated, for the TCC Park at MLK Magnet Core project. The project includes the construction and development of a ten-acre park and a perimeter loop road (West Creek Village Way), which extends off of Church Avenue. The contractor’s Notice to Proceed was issued with a start date of March 25, 2024, and a contract completion date of October 9, 2024. There have been four (4) prior Contract Change Orders approved to date totaling $2,111,653.37. There has been one-hundred, and ninety-eight (198) days added to the contract time by the previously executed Contract Change Orders, in addition to seven (7) weather days and no suspension days, resulting in a revised contract completion date of August 5, 2025. CCO#CCO Amount Days Added Purpose 1 $567,390 32 Utility directed PG&E Rule 16 2 $84,006.21 0 City directed contractor to backfill unforeseen sewer work. 3 $22,047.16 0 City directed contractor to purchase Bio-swale basins 4 $1,438,210 166 City directed contractor for additional work per RFP No.8 (Approved by Council on 5/1/2025) City Council approval of Contract Change Order No. 5 is required by Resolution 2017-158, which sets the approval thresholds for individual Contract Change Orders which exceed 1% of the total contract price or $100,000.00 and for individual Contract Time extensions which by itself or aggregated with time increases under previous Change Orders, equals up to thirty (30) days or 20 percent (20%) of the total time allowed under the Contract, whichever is greater. The amount of Contract Change Order No. 5 is $122,470.55, which is 25.8% of the original Contract amount. This increase will result in a revised contract total of $10,880,416.92. There will be fifty-eight (58) additional working days added to the contract time by this Contract Change Order, seven (7) weather days, and no suspension days, resulting in a revised contract completion date to October 27, 2025. This Contract Change Order will provide the funding necessary for the following work and associated City of Fresno Printed on 8/19/2025Page 2 of 4 powered by Legistar™ File #:ID 25-1034 Agenda Date:8/14/2025 Agenda #: 2.-E. city-directed changes: the installation of one monument sign per the request of the client; redesign work at the intersection of West Creek Village and Church Avenue due to delays related to PG&E Rule 20; storm drain adjustments on the west side of the project as requested by the Fresno Metropolitan Flood Control District (FMFCD); and the installation of one four-inch water service and shotcrete at the play area, both resulting from consultant design conflicts. This project is funded by TCC Grant Funding, local Development Park Impact Fees and one-third developer contribution for a portion of the supporting improvements, as detailed in the West Creek Village Development Agreement. This contract is covered by the Transformative Climate Communities Project Labor Agreement (TCC PLA), adopted by Council in August 2017. The Contractor for this project has become signatory to the TCC PLA by executing the Agreement To Be Bound. Staff recommends that the City Council authorize the Capital Projects Department Director, or designee, to sign Contract Change Order No. 5 for the TCC Park at MLK Magnet Core Project on behalf of the City. ENVIRONMENTAL FINDINGS On October 19, 2023, as part of the contract award, staff analysis was presented with findings that no subsequent environmental review of the project was required as no substantial changes are proposed or had occurred that would require revisions of the previous Mitigated Negative Declaration. Based upon these findings, it has been determined that no further environmental documentation is required. LOCAL PREFERENCE Local preference is not applicable due to the TCC Grant funding. FISCAL IMPACT Les Kimber Park (TCC MLK Magnet Core Project) is within Council District 3. The project is funded by a combination of TCC grant funding, local Development Park Impact Fees and one-third developer contribution for a portion of the supporting improvements, as detailed in the West Creek Village Development Agreement. Funding is available within the adopted budget to implement the change order. This Change Order will have no impact on the General Fund. Attachments: Construction Contract-Avison Construction Contract Change Order No. 1 Contract Change Order No. 2 Contract Change Order No. 3 Contract Change Order No. 4 Contract Change Order No. 5 Vicinity Map City of Fresno Printed on 8/19/2025Page 3 of 4 powered by Legistar™ File #:ID 25-1034 Agenda Date:8/14/2025 Agenda #: 2.-E. City of Fresno Printed on 8/19/2025Page 4 of 4 powered by Legistar™ File #:ID 25-959 Agenda Date:8/14/2025 Agenda #:2.-F. Since 1977, the City has leased office space located at 5051-5059 East McKinley Avenue. The City is seeking to renew its lease agreement for 5,498 square feet of office space with an effective term of July 1, 2025, for one year with an option to extend for two additional one-year terms. The proposed negotiated lease rate is $0.88 per square foot ($4,838.24 per month) for rent with a 1.5% annual increase through the end of the term. The lease rate increased $0.08 per square foot from the prior lease agreement term of $0.80 per square foot. The area leased will also be reduced from the existing 7,246 square feet to 5,498 square feet which reflects the minimum required space moving forward. In addition to the monthly rent due, the City shall also pay its proportionate share of utilities costs for electricity, natural gas, water, garbage, and sewer services. The City’s share of utility costs is proportionate to the square footage of the leased office space to the total rentable square footage of the property. After the first full year of occupancy, the lease may be terminated by the City, without cause at any time, with a 180-day prior written notice. The lease agreement also includes a non-appropriations termination clause which allows the City to terminate the lease with a 90-day prior written notice, should funding not be approved in the annual adopted budget. The lease agreement has been approved by the City Attorney’s Office as to form. ENVIRONMENTAL FINDING Staff has performed preliminary environmental assessments of this project and has determined this project is exempt under Section 15301/Class 1 (Existing Facilities) of CEQA Guidelines as it involves no alteration of existing facilities, with no expansion of use. Furthermore, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines, Section 15300.2, apply to this project. LOCAL PREFERENCE Local preference was not considered because this item does not include a bid or award of a construction or service contract. FISCAL IMPACT The lease payments have been included in the adopted FY2026 General Fund budget. Funding for future years will be included in the appropriate fiscal year’s budget subject to Council approval. Attachments: Lease Agreement Levine Act Form City of Fresno Printed on 8/19/2025Page 2 of 2 powered by Legistar™ File #:ID 25-1056 Agenda Date:8/14/2025 Agenda #: 2.-G. significant abatement needed before equipment can be replaced. In lieu of investing in the 66-year-old building, the Police Department seeks to enter a lease agreement for the purpose of relocating Headquarters to a renovated building across from the current Headquarters on Mariposa. The new location was originally constructed in 1948, however extensive renovations have recently been completed. The interior partitions were completely removed, hazardous material has been abated, structure has been reinforced, building systems have been replaced, and the building has been reconstructed to 2019 code requirements. Essentially, the building core and shell has been completely renovated, and the building is ready for a full tenant improvement build-out. The lease agreement between the City of Fresno and River Park Properties III, if approved, is for the entire building which includes three floors of office space, a parking garage, and a basement, totaling 65,690 square feet. The term of the lease will be for 21 years, effective August 15, 2025, with the first year’s rent set at $0 to allow for tenant improvements to be constructed. Then commencing on July 1, 2026, rent will begin at $1,285,598.40 annually for years two through six, subject to a 10% increase every 5 th year thereafter. The City will also have the option to purchase the building at the end of the 21-year term for $1. BACKGROUND The Police Department Headquarters is in a facility originally built in 1959. Construction occurred during a period when asbestos and lead were widely used in construction materials. Unfortunately, asbestos has been identified above the ceiling on each floor of the building and in the roofing materials. Lead containing materials were also used throughout the building. The use of asbestos and lead in building materials were phased out in the 1970s after they were determined to be hazardous. Many of the building systems are failing and cannot be replaced without complete abatement of the hazardous materials. Failing systems include the roof, HVAC, plumbing, and electrical building utilities. This has created a challenging work environment for employees assigned to Headquarters. Any plan for renovation of the building and replacement of the building systems will require the complete abatement of the hazardous materials. Renovation would require the Police Department to temporarily relocate during abatement and construction. The abatement and temporary relocation expenses are estimated to exceed $7 million before funding can be allocated to the renovation and replacement of the building systems. As a result, it has been determined to be financially infeasible to renovate the building and replace the building systems. In lieu of investing in the 66-year-old building, the Police Department seeks to enter a lease agreement for the purpose of relocating Headquarters to a renovated building across from the current Headquarters on Mariposa. The new location was originally constructed in 1948, however extensive renovations have recently been completed. The interior partitions were completely removed, hazardous material has been abated, structure has been reinforced, all building systems have been replaced, and the building has been reconstructed to 2019 code compliance. Essentially, the building core and shell have been completely renovated, and the building is ready for a full tenant improvement build-out. The City anticipates utilizing bonds to fund the tenant improvements, which are preliminarily estimated not-to-exceed $12 million. A separate action to fund the tenant improvements will be presented to Council for approval. The lease agreement between the City of Fresno and River Park Properties III, if approved, is for 65,690 square feet of real property with an effective term of August 15, 2025, through August 14, 2046; a total of 21 years. The City will also have the option to purchase the property at the end of the term for $1. The proposed negotiated lease rate starts at $1.76 per square foot ($1,067,510.40 annually) of rentable space and $1.20 per square foot ($218,088 annually) for parking space in rent with a 10% increase every five years through the end of the term. The area being leased is split up by office space, which includes three floors totaling 50,545 square feet, a parking garage that is 15,145 square feet, and a basement that is 6,925 square feet. In addition to the monthly rent due, the City shall also be responsible for the building operational costs such as insurance and property taxes. As the City is renting the property, it has a leasehold interest that is subject to property taxes. If the City exercises the option to purchase the property at the end of the lease term, and ownership is transferred to the City, the property will then become exempt from property taxes. City of Fresno Printed on 8/19/2025Page 2 of 4 powered by Legistar™ File #:ID 25-1056 Agenda Date:8/14/2025 Agenda #: 2.-G. In addition, the Police Department will also be responsible for utilities such as electricity, natural gas, water, garbage, and sewer services. After relocation of all staff and services, the preliminary plan is to demolish the existing Headquarters. This action will be presented to Council in a future fiscal year. The lease agreement has been reviewed by the City Attorney’s Office as to form. ENVIRONMENTAL FINDING Staff has performed an environmental assessment of this project and has determined this project is exempt under Section 15301/Class 1 (Existing Facilities) and Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines as follows: Section 15301/Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use. Section 15301/Class 1 applies because the proposed project includes the lease of approximately 63,035 square feet of floor area within an existing building for use as the new Police Department headquarters. The building was previously used for the Fresno County Human Services System - Employment and Temporary Assistance and most recently for a professional office space. The City will construct new interior alternations including interior partitions and electrical conveyances, however there will be no expansion of the usable floor area. The existing Police Department headquarters will relocate to the new location. Because the building will continue to be used as administrative space by a public agency, consistent with the prior use, and because the improvements consist of minor alterations, a Class 1 exemption is appropriate. Section 15332/Class 32 applies because the proposed project meets the conditions set forth in the Class 32 exemption as follows: a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, b) the proposed development occurs within city limits on a project site of approximately ±0.60 acres, which is less than the five acre maximum, and is substantially surrounded by urban uses, c) the project site has no value as habitat for endangered, rare or threatened species, d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; in particular according to CEQA Guidelines for Vehicle Miles Traveled Thresholds (VMT) adopted by the City in 2020, development of institutional/government and public service uses that support community health, safety and welfare may be screened from subsequent CEQA VMT analysis. The proposed leased space for the Fresno Police Department facilitates their administration of public safety. Therefore additional VMT review is not required, and e) the site can be adequately served by all required utilities and public services. By current standards, the subject site and surrounding areas are identified as “in-fill” within an urban setting. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to the project. Furthermore, the proposed project site is a developed property in an urbanized area and is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive. LOCAL PREFERENCE Local preference was not considered because this item does not include a bid or award of a construction or service contract. FISCAL IMPACT The lease agreement will have no impact on the FY 2026 Adopted General Fund budget. Funding for future years will be included in the Police Department’s annual budget as presented to Council. City of Fresno Printed on 8/19/2025Page 3 of 4 powered by Legistar™ File #:ID 25-1056 Agenda Date:8/14/2025 Agenda #: 2.-G. The City anticipates utilizing bonds to fund the tenant improvements. A separate action to fund the tenant improvements will be presented to Council for approval. Attachments: Lease Agreement Rent Schedule Environmental Assessment No. P25-PD2314 Levine Act Form City of Fresno Printed on 8/19/2025Page 4 of 4 powered by Legistar™ RENT SCHEDULE Years Monthly Annual 1 $0.00 $0.00 2 $107,133.20 $1,285,598.40 3 $107,133.20 $1,285,598.40 4 $107,133.20 $1,285,598.40 5 $107,133.20 $1,285,598.40 6 $107,133.20 $1,285,598.40 7 $118,048.70 $1,416,584.40 8 $118,048.70 $1,416,584.40 9 $118,048.70 $1,416,584.40 10 $118,048.70 $1,416,584.40 11 $118,048.70 $1,416,584.40 12 $129,621.10 $1,555,453.20 13 $129,621.10 $1,555,453.20 14 $129,621.10 $1,555,453.20 15 $129,621.10 $1,555,453.20 16 $129,621.10 $1,555,453.20 17 $142,507.30 $1,710,087.60 18 $142,507.30 $1,710,087.60 19 $142,507.30 $1,710,087.60 20 $142,507.30 $1,710,087.60 21 $142,507.30 $1,710,087.60 Total $29,838,618.00 538279v1 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. P25-PD2314 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Brian Barr City of Fresno General Services Department 2101 G Street, Bldg. A Fresno, CA 93760 PROJECT LOCATION: 2314 Mariposa Street; Located on the east side of M Street, between Fresno and Tulare Streets, on the south side of the Mariposa Mall in downtown Fresno. (APN: 466-122-09) PROJECT DESCRIPTION: Environmental Assessment Application No. P25-PD2314 was filed by Brian Barr of the City of Fresno and pertains to an exisitng commercial office building located at the address noted above. Approximately ±63,035 square feet of rentable space within the building will be leased by the City of Fresno and shall be used as the Police Department headquarters. This project will facilitate the relocation of the existing Police Department headquarters which is located directly across from the subject property on the north side of the Mariposa Mall. The subject ±0.60-acre parcel is located in the DTG (Downtown General) zone district which is consistent with the underlying Downtown General planned land use. Pursuant to Table 15-1502 of the FMC, Government Offices, which include police department headquarters, are permitted in the DTG zone district. This project is exempt under Section 15301/Class 1 (Existing Facilities) and Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines as follows: Section 15301/Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use. Section 15301/Class 1 applies because the proposed project includes the lease of approximately 63,035 square feet of floor area within an existing building for use as the new Police Department headquarters. The building was previously used for the Fresno County Human Services System – Employment and Temporary Assistance and most recently for a professional office space. The City will construct new interior alternations including interior partitions and electrical conveyances, however there will be no expansion of the usable floor area. The existing Police Department headquarters will relocate to the new location. Because the building will continue to be used as administrative space by a public agency, consistent with the prior use, and because the improvements consist of minor alterations, a Class 1 exemption is appropriate. 538279v1 Section 15332/Class 32 applies because the proposed project meets the conditions set forth in the Class 32 exemption as follows: a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, b) the proposed development occurs within city limits on a project site of approximately ±0.60 acres, which is less than the five acre maximum, and is substantially surrounded by urban uses, c) the project site has no value as habitat for endangered, rare or threatened species, d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; in particular according to CEQA Guidelines for Vehicle Miles Traveled Thresholds (VMT) adopted by the City in 2020, development of institutional/government and public service uses that support community health, safety and welfare may be screened from subsequent CEQA VMT analysis. The proposed leased space for the Fresno Police Department facilitates their administration of public safety. Therefore additional VMT review is not required;, and e) the site can be adequately served by all required utilities and public services. By current standards, the subject site and surrounding areas are identified as “in-fill” within an urban setting. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to the project. Furthermore, the proposed project site is a developed property in an urbanized area and is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive. Date: July 28, 2025 Submitted by: Phillip Siegrist, Planning Manager City of Fresno Planning & Development 542841v1 SINGLE-TENANT LEASE (TRIPLE NET) LANDLORD: RIVER PARK PROPERTIES III, a California limited partnership TENANT: CITY OF FRESNO, a California municipal corporation City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 i TABLE OF CONTENTS Page SUMMARY OF BASIC LEASE INFORMATION AND DEFINITIONS ............................ iii 1. Lease of Premises. ............................................................................................. 1 2. Term. ................................................................................................................... 1 3. Rent. ................................................................................................................... 1 4. Triple-Net Lease. ................................................................................................. 2 5. Use...................................................................................................................... 2 6. Payments and Notices. ....................................................................................... 4 7. Brokers. ............................................................................................................... 5 8. Surrender; Holding Over. .................................................................................... 5 9. Taxes. ................................................................................................................. 6 10. Repairs. ............................................................................................................... 7 11. Alterations. .......................................................................................................... 8 12. Liens. .................................................................................................................. 9 13. Assignment and Subletting................................................................................ 10 14. Entry by Landlord. ............................................................................................. 11 15. Utilities and Services. ........................................................................................ 12 16. Mutual Indemnification. ..................................................................................... 12 17. Damage or Destruction ..................................................................................... 12 18. Eminent Domain. ............................................................................................... 14 19. Insurance............................................................................................ 14 20. Waiver of Subrogation. ...................................................................................... 16 21. Remedies. ..................................................... 16 22. Default. ............................................................................................ 19 23. Compliance with all Laws and Prevailing Wages. ............................................. 19 24. Subordination. ................................................................................................... 20 25. Estoppel Certificate. .......................................................................................... 20 26. Lessors. ............. 21 27. Quiet Enjoyment. .............................................................................................. 21 28. Interest. ......................................................................... 21 29. Liability. ...................................................................... 22 30. Miscellaneous. .................................................................................................. 22 City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 ii 31. Lease Execution. .............................................................................................. 25 32. Roof Mounted Telecommunications Equipment. ............................................... 25 33. Option to Purchase. .......................................................................................... 26 34. Recordation of Memorandum of Lease. ............................................................ 28 35. Tenant's Work. .................................................................................................. 29 Legal Description Of Premises Rent Schedule Sample Form Of Notice Of Lease Term Dates Environmental Reports Sample Form Of Tenant Estoppel Certificate Self-Dealing Transaction Disclosure Form Memorandum of Lease Tenant Improvement Plans City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 iii 542841v1 SUMMARY OF BASIC LEASE INFORMATION AND DEFINITIONS This SUMMARY OF BASIC LEASE Summary is hereby incorporated into and made a part of the attached Single-Tenant Lease which pertains to the Premises described in Section 1.3 below. All references in the Lease to Lease All references in the Lease to any term defined in this Summary shall have the meaning set forth in this Summary for such term. Any initially capitalized terms used in this Summary and any initially capitalized terms in the Lease which are not otherwise defined in this Summary shall have the meaning given to such terms in the Lease. 1.1 Address: River Park Properties III c/o Lance-Kashian & Company 255 East River Park Circle, Suite 120 Fresno, California 93720 Attention: Lease Administrator Telephone: (559) 438-4800 Email : syoung@lance-kashian.com 1.2 Address: City of Fresno Fresno Police Department 2600 Fresno Street Fresno, CA 93721-3600 Attention: Georgeanne A. White City Manager Email:_Georgeanne.White@fresno.gov Telephone: (559) 621-7795 with a copy to: Brian Barr General Services Department 2101 G Street, Bldg. A Fresno, CA 93706 Email: Brian.Barr@fresno.gov Telephone: (559) 621-1418 City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redlineL 7-31-25 iv 542841v1 1.3 Premises: The real property located at 2314 Mariposa Street, in the City of Fresno, County of Fresno, State of California, as more particularly described in Exhibit attached hereto (the Property improvements and facilities, now or subsequently located on the Property from time to time, including, without limitation, the three (3)-story office building containing approximately 65,690 rentable square feet including the basement area and parking level (the Building more particularly described below, which Building will be improved by Tenant with certain Tenant improvements . Basement 6,925 GSF Garage: 15,145 GSF Floor 1: 14,540 GSF Floor 2: 14,540 GSF Floor 3: 14,540 GSF Total: 65,690 GSF 1.4 Commencement Date: The Commencement Date shall occur on August 15, 2025 following Fresno City Council approval and full execution of Agreement by all Parties. 1.5 Lease Expiration Date: Twenty-one (21) years following the Commencement Date. 1.6 Rent: The initial Monthly Rent for the Premises is set forth in attached hereto and shall be subject to increases at the times to the amounts set forth in Exhibit . 1.7 Permitted Use: The Premises shall be used as the City of Fresno Police Department headquarters and limited to and for purposes incidental to Police Department needs (Permitted Use . 1.8 Brokers: None. 1.9 Interest Rate: The lesser of: (a) the prime rate announced from time to time by Wells Fargo Bank or, if Wells Fargo Bank ceases to exist or ceases to publish such rate, then the rate announced from time to time by the largest (as measured by deposits) chartered operating bank operating in California, plus five percent (5%) per annum; or (b) the maximum rate permitted by law. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 1 542841v1 SINGLE-TENANT LEASE AND OPTION TO PURCHASE This SINGLE-TENANT LEASE AND OPTION TO PURCHASE Lease which includes the preceding Summary of Basic Lease Information and Summary attached hereto and incorporated herein by this reference, is made as of the ______ day of ____, 2025, by and between RIVER PARK PROPERTIES III, a California limited Landlord ITY OF FRESNO, a California municipal corporation Tenant 1. Lease of Premises. 1.1 Lease of Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises upon and subject to the terms, covenants and conditions contained in this Lease to be performed by each party. 1.2 Measurement of Premises. Landlord and Tenant hereby stipulate to the rentable square footage and total square footage of the Premises and Building (including the basement and parking level) as set forth in the Summary and agree that such rentable square footage and total square footage shall not be subject to confirmation or recalculation. 1.3 Premises AS-IS. Subject to the express representations and warranties set Tenant hereby accepts possession of the Premises in its - condition. Promptly Section 35 and shall diligently prosecute such construction to lien free completion. Landlord hereby assigns, on a non-exclusive basis, to Tenant all warranties and guaranties Landlord received from relating to 2. Term. 2.1 Term; Notice of Lease Dates. This Lease shall be effective upon the date first Effective Date Term commence upon the Commencement Date and shall expire on the Lease Expiration Date, unless sooner terminated as permitted herein. Within ten (10) days after Commencement Date by mutually executing the Notice of Lease Term Dates attached hereto as Exhibit . The executed Notice of Lease Term Dates shall be binding upon General Services (or another authorized individual) shall execute the Notice of Lease Term Dates on Dates will, among other things, confirm the Commencement Date, which Commencement Date shall be determined in accordance with Section 1.4 above. 2.2 Conditions Precedent. Landlord will not be obligated to deliver possession of the Premises to Tenant until Landlord has received from Tenant all of the following: (i) a copy of this Lease fully executed by Tenant; and (ii) copies of policies of insurance or certificates thereof as required under Section 19 of this Lease. 3. Rent. 3.1 Monthly Rent. Tenant agrees to pay Landlord, as rent for the Premises, the Monthly Rent set forth in the Rent Schedule attached hereto as . The Monthly Rent shall be paid by Tenant in advance on the first day of each and every calendar month commencing upon the Commencement Date . Monthly Rent for any partial month shall be prorated in the proportion that the number of days this Lease is in effect during such month bears to the actual number of days in such month. 3.2 Additional Rent. All amounts and charges payable by Tenant under this Lease in addition to the Monthly Rent described in Section 3.1 above shall be considered additional rent for the purposes of this Lease, and the word Rent in this Lease shall City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 2 542841v1 include such additional Rent unless the context specifically or clearly implies that only the Monthly Rent is referenced. Rent shall be paid to Landlord as provided in Section 7, but subject to Section 17.4, herein, for any abatement of any Rent, without any prior demand therefor and without any deduction or offset except as specified elsewhere in the Lease, in lawful money of the United States of America. Additional Rent shall not accrue between August 15, 2025 and June 30, 2026. Additional Rent shall begin at the 3.3 Late Payments. Late payments of Rent will be subject to interest and a late charge as provided in Sections 21.6 and 21.7 below. 4. Triple-Net Lease. Except as otherwise provided herein (including, but not limited to, the abatement provisions of this Lease), all Rent shall be absolutely net to Landlord so that this Lease shall yield net to Landlord, the Rent to be paid each month during the Term of this Lease. Nothing herein contained shall be deemed to require Tenant to pay or discharge any liens or mortgages of any character whatsoever which may exist or hereafter be placed upon the Premises by an affirmative act or omission of Landlord. 5. Use. 5.1 General. Tenant shall use the Premises solely for the Permitted Use specified in Section 1.7 of the Summary and shall not use or permit the Premises to be used for any other use or purpose whatsoever. Tenant shall, at its sole cost and expense, observe and comply with all requirements of any board of fire underwriters or similar body relating to the Premises, all recorded covenants, conditions and restrictions now or hereafter affecting the Premises and all laws, statutes, codes, rules and regulations now or hereafter in force relating to or affecting the condition, use, occupancy, alteration or improvement (whether structural or non-structural, including unforeseen and/or extraordinary alterations or improvements, and regardless of the period of time remaining in the Term) of the Premises, including, without limitation, the provisions of ADA the condition, use, occupancy, improvement and alteration (whether structural or non-structural, including unforeseen and/or extraordinary alterations or improvements, and regardless of the period of time remaining in the Term) of the Premises. Tenant shall not use or allow the Premises to be used (a) in violation of any recorded covenants, conditions and restrictions affecting the Premises or of any law or governmental rule or regulation, or of any certificate of occupancy issued for the Premises, or (b) for any improper, immoral, unlawful or reasonably objectionable purpose. Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises, nor commit or suffer to be committed any waste in, on or about the Premises. 5.2 Signs. A subsequent changes to the Building façade (including, but not limited to, signage), shall comply with any covenants of record and shall be subject to approval by Landlord and from all governmental authorities having jurisdiction over the Premises. Any future changes to the Building façade (including, but not limited to, modifications to any Tenant signage) shall be subject to the approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees to maintain any such signs in good condition and repair at all times. At the expiration or earlier termination of this Lease, at Tenant shall remove all signs and similar items installed by or at the direction of Tenant and shall repair any damage to the Premises resulting therefrom all at sole cost and expense. If Tenant fails to maintain any such approved signs or similar items, Landlord may do so and Tenant shall reimburse Landlord for such cost plus a ten percent (10%) overhead fee. If, without prior written consent, Tenant installs any signs or similar items, or fails to remove any such item(s) at the expiration or earlier termination of this Lease, Landlord may have such item(s) removed and stored and may repair any . The removal, repair and/or storage costs shall bear interest until paid at the Interest Rate. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 3 542841v1 5.3. Hazardous Materials. 5.3.1 . Tenant will (i) obtain and maintain in full force and effect all Environmental Permits that may be required from time to time under any Environmental Laws applicable to Tenant or the Premises throughout the Term of the lease and (ii) be and remain in compliance in with all terms and conditions of all such Environmental Permits and with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in all Environmental Laws applicable to Tenant or the Premises. As used in this Lease, the term Environmental Law or local statutory or common law, or any regulation, ordinance, code, plan, order, permit, grant, franchise, concession, restriction or agreement issued, entered, promulgated or approved thereunder, relating to (a) the environment, human health or safety, including, without limitation, emissions, discharges, releases or threatened releases of Hazardous Materials (as defined below) into the environment (including, without limitation, air, surface water, groundwater or land), or (b) the manufacture, generation, refining, processing, distribution, use, sale, treatment, receipt, storage, disposal, transport, arranging for transport, or handling of Hazardous Materials. Environmental Permits collectively, any and all permits, consents, licenses, approvals and registrations of any nature at any time required pursuant to, or in order to comply with, any Environmental Law. Except for items and materials, including but not limited to evidentiary items such as contraband, firearms, and munitions for the ordinary and usual conduct the Summary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials and, to the extent approved in writing by Landlord (which shall not be unreasonably withheld), materials reasonably necessary for the conduct of business that are used and stored in compliance with all Environmental Laws (some or all of which may constitute as defined in this Lease), Tenant agrees not to cause or permit any Hazardous Materials to be brought upon, stored, used, handled, generated, released or disposed of on, in, under or about the Premises by Tenant, its agents, employees, Parties the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or earlier termination of this Lease, Tenant agrees to promptly remove from the Premises, at its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the . To the fullest extent permitted by law, Tenant agrees to promptly indemnify, protect, Landlord Indemnified Parties st any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs) which arise or result from the presence of Hazardous Materials on, in, under or about the Premises and which are caused or permitted by Tenant or any . Tenant agrees to promptly notify Landlord of any release of Hazardous Materials which Tenant becomes aware of during the Term of this Lease, whether caused by Tenant or any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and mortgagee(s). Upon giving reasonable notice to Tenant, at all times during the Term of this Lease, but subject to being escorted by an authorized employee of Tenant while in the Premises as provided in Section 14 herein, Landlord will have the right, but not the obligation, to Tenant-escorted entry only upon the Premises to inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 4 542841v1 compliance with the terms of this Lease regarding Hazardous Materials. Landlord and Tenant agree to work in good faith to establish an entry system reasonably gain access to the Premises in the event of an emergency, which procedures - Pre- history or background check of any type (including, but not limited to, the Department of scan) as may be required by Tenant and at the sole discretion of Tenant. Authorized employee or -screened by approved list of entrants. Tenant will, upon the request of Landlord, cause to be environmental consulting firm reasonably acceptable to Landlord. As used in this Hazardous Materials or toxic materials, substances or wastes as now or hereafter designated or regulated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State, the United States Government or any local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated PCBs . The provisions of this Section 5.3.1 will survive the expiration or earlier termination of this Lease. 5.3.2 . Landlord represents and warrants to Tenant that, as of the Effective Date of this environmental report(s) referenced in , there are no Hazardous Materials in, on, under, below or otherwise located on or about the Premises in Applicable Laws . Landlord shall indemnify, protect, defend and hold Tenant, its successors, assigns, subtenants, agents, employees, officers and directors harmless from any and all losses, damages, liabilities, judgments, costs, claims, expenses, penalties, arising out of or involving any Hazardous Materials introduced upon the Premises by Landlord in violation of Environmental Law or (ii) its foregoing representation. The provisions of this Section 5.3.2 will survive the expiration or earlier termination of this Lease. means the actual knowledge of any of the following: Edward M. Kashian, Salvatore Gonzales, and Daniel D. Kuniyoshi, or any person(s) succeeding the foregoing named person(s) in an equivalent position(s) and/or responsibility(ies); provided, however, in no event will any such individuals or succeeding person(s) be personally liable for any of the representations, warranties or indemnifications set forth in this Lease. 5.4 Refuse and Sewage. Tenant agrees not to keep any trash, garbage, waste or other refuse on the Premises except in sanitary containers and agrees to regularly and frequently remove same from the Premises. Tenant shall keep all containers or other equipment used for storage of such materials in a clean and sanitary condition. Tenant sanitary sewage and shall not use the sewage disposal system for the disposal of anything except sanitary sewage. Tenant shall keep the sewage disposal system free of all obstructions. 6. Payments and Notices. All Rent and other sums payable by Tenant to Landlord hereunder shall be paid to Landlord at the address designated in Section 1.1 of the Summary, or to such other persons and/or at such other places as Landlord may hereafter designate in writing. Any notice required or permitted to be given hereunder must be in writing and given by personal delivery (including delivery by nationally recognized overnight courier or express mailing service) or by registered or certified mail, postage prepaid, return receipt requested, addressed to Tenant at the address(es) designated in Section 1.2 of City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 5 542841v1 the Summary, or to Landlord at the address(es) designated in Section 1.1 of the Summary. Either party may, by written notice to the other, specify a different address for notice purposes. Notice given in the foregoing manner shall be deemed given (i) when actually received or refused by the party to whom sent if delivered by a carrier or personally served or (ii) if mailed, on the day of actual delivery or refusal as shown by the certified mail return receipt or the expiration of three (3) business days after the day of mailing, whichever first occurs. Monday through Friday, excluding holidays observed by the United States Postal Service. 7. Brokers. Each party represents and warrants to the other, that, to its knowledge, no broker, agent or finder negotiated or was instrumental in negotiating or consummating this Lease on its behalf, or (b) is or might be entitled to a commission or compensation in connection with this Lease. Tenant shall indemnify, protect, defend (by counsel reasonably approved in writing by Landlord) and hold Landlord harmless from and against any and all claims, judgments, suits, causes of action, damages, losses, liabilities and expenses foregoing representation, including, without limitation, any claims that may be asserted against Landlord by any broker, agent or finder undisclosed by Tenant herein. Landlord shall indemnify, protect, defend (by counsel reasonably approved in writing by Tenant) and hold Tenant harmless from and against any and all claims, judgments, suits, causes costs) resulting from any breach by Landlord of the foregoing representation, including, without limitation, any claims that may be asserted against Tenant by any broker, agent or finder undisclosed by Landlord herein. The foregoing indemnities shall survive the expiration or earlier termination of this Lease. 8. Surrender; Holding Over. 8.1 Surrender of Premises. The provisions in this Section 8 shall not apply if Tenant acquires the Premises as a pursuant to Section 33 herein. Upon the expiration or sooner termination of this Lease, Tenant shall surrender all keys for the Premises to Landlord, and Tenant shall deliver exclusive possession of the Premises to Landlord broom clean and in first-class condition and repair, reasonable wear and tear excepted (and casualty damage excepted if this Lease is terminated as a result thereof pursuant to Section 17), with all those items, if any, of Improvements and Tenant Changes identified by Landlord pursuant to Section 11.2 below) removed therefrom and all damage caused by such removal repaired, as required pursuant to Sections 11.2 and 11.3 below. If, for any reason, Tenant fails to surrender the Premises on the expiration or earlier termination of this Lease, with such removal and repair obligations completed, then, in addition to the provisions of Section 8.2 and remedies under Section 11.4 and the other provisions of this Lease, Tenant shall indemnify, protect, defend (by counsel reasonably approved in writing by Landlord) and hold Landlord harmless from and against any and all claims, judgments, suits, causes of action, damages, l costs) resulting from such failure to surrender, including, without limitation, any claim made by any succeeding tenant based thereon. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. 8.2 Holding Over. If Tenant holds over after the expiration or earlier termination of the Lease Term, then, without waiver of any right on the part of Landlord as a result of shall become a tenant at sufferance only, upon the terms and conditions set forth in this and any other additional Rent under this Lease), but at a Monthly Rent equal to one hundred twenty-five percent (125%) of the Monthly Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a hold over hereunder or result in an extension of this Lease. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 6 542841v1 Monthly Rent calculated in accordance with this Section 8.2 for any portion of a month it holds over and remains in possession of the Premises pursuant to this Section 8.2. 8.3 . The foregoing provisions of this Section 8 -entry or any other rights of Landlord hereunder or otherwise provided at law or in equity. 9. Taxes. 9.1 Real Property Taxes. Tenant agrees to pay all general and special real property taxes, assessments (including, without limitation, change in ownership taxes, or assessments), liens, bond obligations, license fees or taxes, commercial rent taxes and any similar impositions in-lieu of other impositions now or previously within the definition of real property taxes or assessments and any and all assessments under Real Property Taxes Premises applicable to the period from the Commencement Date until the expiration or sooner termination of this Lease. Real Property Taxes shall include, by way of to other income from the Premises or as against business of leasing the Premises; any assessment, tax, fee, levy or charge in substitution, partially or totally, of any assessment, tax, fee, levy or charge previously included within the definition of real property tax, it being acknowledged by Tenant and Landlord that Proposition 13 was adopted by the voters of the State of California in the June, 1978 election and that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, refuse removal and for other governmental services formerly provided without charge to property owners or occupants. It is the intention of Tenant and Landlord that all such new and increased assessments, taxes, fees, levies and charges (c) any assessment, tax, fee, levy or charge allocable to or measured by the area of the Premises or the Rent payable by Tenant hereunder, including, without limitation, any gross receipts tax or excise tax levied by state, city or federal government, or any political subdivision thereof, with respect to the receipt of such Rent, or upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant and of the Premises; (d) any assessment, tax, fee, levy or charge upon this transaction or any document to which Tenant is a party, creating or transferring an interest or an estate in the Premises; and/or (e) any assessment, tax, fee, levy or charge by any governmental agency related to any transportation plan, fund or system (including assessment districts) instituted within the geographic area of which the Premises make a part. All Real Property Taxes for the tax year in which the Commencement Date occurs and for the tax year in which this Lease terminates shall be apportioned and adjusted so that Tenant shall not be responsible for any Real Property Taxes for a period of time occurring prior to the Commencement Date or subsequent to the expiration of the Lease Term. Tenant agrees to pay to the taxing authority entitled thereto the total Real Property Taxes due. Any of said payments to be made directly to the taxing authority shall be made at least fifteen (15) days prior to the delinquency date established by the taxing authority, and Tenant shall, concurrently with such payment, deliver evidence of such payment to Landlord. Failure of Tenant to pay said Real Property Taxes as and when herein specified shall, in addition to all other rights and remedies of Landlord hereunder, subject Tenant to any fine, penalty, interest, or cost which Landlord may incur as a result thereof. Tenant shall, within thirty (30) days after demand, reimburse Landlord for any such fine, penalty, interest, or cost, together with interest thereon at the Interest Rate. Alternatively, Landlord may elect to pay the Real Property Taxes due prior to delinquency directly to the taxing authority, in which event Tenant shall reimburse Landlord for the Real Property Taxes paid by Landlord within fifteen (15) days after receipt of an invoice from Landlord. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 7 542841v1 In the event the Premises is sold, transferred, or disposed of by Landlord, the Parties agree that any and all assessments and transfer tax relating to the sale, transfer, or disposal shall not be the responsibility of Tenant. 9.2 Personal Property Taxes. Tenant shall be liable for, and shall pay before delinquency, all taxes and assessments (real and personal) levied against (a) any personal property or trade fixtures placed by Tenant in or about the Premises (including any increase in the assessed value of the Premises based upon the value of any such personal property or trade fixtures); and (b) any Improvements or alterations in the Premises (whether installed and/or paid for by Landlord or Tenant). If any such taxes or ass written notice to Tenant (and under proper protest if requested by Tenant) pay such taxes and assessments, and Tenant shall reimburse Landlord therefor within thirty (30) days after demand by Landlord; provided, however, Tenant, at its sole cost and expense, shall have the right, with competent jurisdiction to recover the amount of any such taxes and assessments so paid under protest. 10. Repairs. 10.1 . Except for Landlord's express obligations under this Lease (including, but not limited to, Section 10.2 below), Tenant renovate, retrofit, replace and preserve the Premises and all parts thereof, in good condition and repair to maintain the Premises in substantially the same condition delivered to Tenant on the Commencement Date, reasonable wear and tear excepted . Tenant shall at all times during the Term make all changes, repairs and improvements to the Premises of every kind and nature, whether ordinary or extraordinary, foreseen or unforeseen, which may be required by any laws or for the safety of the Premises; provided, however, Tenant shall not be required to make any structural changes, repairs and improvements to the Premises unless triggered by (a) any improvements or alterations made to the Premises by Tenant or on behalf of agents, contractors, subtenants or licensees Repairs . Such due diligence, lien-free and in a good and workmanlike manner, by employees, or licensed contractor(s) which are selected by Tenant and approved by Landlord only under the conditions identified in Section 11.1(a), which approval Landlord shall not unreasonably withhold or delay. 10.2. Rights and Obligations. Except as provided in this Lease, including, but not limited, to Sections 10.1 and 10.3 herein, Landlord has no obligation whatsoever to alter, remodel, improve, repair, renovate, retrofit, replace, redecorate or paint all or any part of the Premises. expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature). hereof, or under any other provision of this Lease, then Landlord shall have the option to Tenant, or in the case of an emergency immediately without prior notice, to perform condition and repair, whereupon the costs incurred by Landlord shall become due and payable to Landlord, upon demand, together with a fee of fifteen percent (15%) of the 21.1. 10.3 Compliance with Applicable Laws. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Landlord hereby warrants to Tenant that the Building and all portions thereof including the Tenant Improvements shall be in compliance with the requirements of all Applicable Laws, including, but not limited to, the ADA . Following the Commencement Date, Tenant shall be responsible for making alterations or repairs to the Building resulting from or necessitated by any change in Applicable Laws, including City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 8 542841v1 ADA. In addition, notwithstanding anything to the contrary contained in this Lease, replacements, alterations or improvements needed to comply with all Applicable Laws to the extent (a) triggered by any improvements or alterations made to the Premises by or licensees, and/or (c) the required repairs, replacements, alterations or improvements will not remain in the Building following the expiration or earlier termination of this Lease. 11. Alterations. 11.1 Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations Tenant Changes Tenant Change prior written approval thereof, which approval Landlord shall not unreasonably withhold or delay. required for any Tenant Change which satisfies all of the following conditions (hereinafter Pre-Approved Change exceed Fifty Thousand Dollars ($50,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant do not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) in any three (3) year period; (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 11.1; and (v) the Tenant Change does not affect the structural, electrical, mechanical, life-safety or exterior elements of the Premises. (b) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre- Approved Changes as set forth in Section 11.1(a) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with licensed and bondable contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld; and (ii) before proceeding with any Tenant Change, provide Landlord with at least ten (10) . In addition, before proceeding with any Tenant sole cost and expense: (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) at request, a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change. contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). of Tenant Changes and the plans therefor will create no liability or responsibility sufficiency or compliance with laws. (c) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, applicable building permit requirements and the provisions of Title III of the ADA; (iv) by licensed and/or bondable contractors and subcontractors approved by Landlord and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (d) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance, auto liability City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 9 542841v1 insurance and commercial general liability insurance in compliance with the provisions of Section 19 of this Lease. 11.2 Removal of Tenant Changes. Except in the event this Lease terminates pursuant to Section 33 (Option to Purchase) herein, all Tenant Changes and the Improvements in the Premises (whether installed or paid for by Landlord or Tenant), shall become the property of Landlord and shall remain upon and be surrendered with the Premises at the end of the Term of this Lease; provided, however, Landlord may, by written notice delivered to Tenant on or before the expiration of the Lease Term (or upon any sooner termination of this Lease) identify those items of the initial Improvements and Tenant Changes which Landlord shall require Tenant to remove at the end of the Term of this Lease. If Landlord requires Tenant to remove any such items as described above, Tenant shall, at its sole cost, remove the identified items on or before the expiration or sooner termination of this Lease and repair any damage to the Premises caused by such remova such removal and repair). 11.3 Removal of Personal Property. Except in the event this Lease terminates pursuant to Section 33 (Option to Purchase) herein, all articles of personal property owned by Tenant or installed by Tenant at its expense in the Premises (including business and trade fixtures, furniture and movable partitions) shall be, and remain, the property of Tenant, sole cost and expense, on or before the expiration or sooner termination of this Lease. Tenant shall repair any damage caused by such removal. 11.4 . Except in the event this Lease terminates pursuant to Section 33 (Option to Purchase) herein, if Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property or any Tenant Changes identified by Landlord for removal pursuant to Section 11.2 above, then such failure shall constitute a holding over of the Premises pursuant to Section 8.2 and Landlord other rights and remedies under this Lease, at law or in equity: (a) remove and store such prior notice to Tenant sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under Applicable Laws. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant and/or sale of such items), with any remainder to be paid to Tenant. 12. Liens. by reason of or in connection with any repairs, alterations, improvements or other work contracted for or undertaken by Tenant or any other act or omission of Tenant or . Tenant shall, at releases (and other reasonable evidence reasonably requested by Landlord to demonstrate protection from liens) from all persons furnishing labor and/or materials with respect to the Premises. Landlord shall have the right at all reasonable times to post on the Premises and record any notices of non-responsibility which it deems necessary for protection from such liens. If any such liens are filed, Tenant shall, at its sole cost, immediately cause such lien to be released of record or bonded so that it no longer affects title to the Premises. If Tenant fails to cause such lien to be so released or bonded within twenty (20) days after filing thereof, Landlord may, without waiving its rights and remedies based on such breach, and without releasing Tenant from any of its obligations, cause such lien to be released by any means it shall deem proper, including payment in satisfaction of the claim giving rise to such lien. Tenant shall pay to Landlord within five (5) days after receipt of invoice from Landlord, any sum paid by Landlord to remove such liens, together with interest at the Interest Rate from the date of such payment by Landlord. Notice is hereby given that Landlord shall not be liable for any labor, services or materials furnished or to be furnished to Tenant, or City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 10 542841v1 other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in the Premises. 13. Assignment and Subletting. 13.1 Restriction on Transfer. Tenant will not assign this Lease in whole or in part, Transfer without the prior written consent of Landlord, which consent Landlord will not unreasonably withhold, except as provided in this Section 13. In no event may Tenant encumber or hypothecate this Lease. The consent by Landlord to any assignment, encumbrance or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law. Irrespective of any assignment or sublease, Tenant shall remain fully liable under this Lease and shall not be released from performing any of the terms, covenants and conditions of this Lease. Without limiting in any way to withhold its consent on any reasonable grounds, it is agreed that Landlord will not be acting unreasonably in refusing to consent to an assignment or assignee is less than that of Tenant at the date hereof, (ii) the proposed assignee or subtenant does not have the financial capability to fulfill the obligations imposed by the assignment or sublease, (iii) the proposed assignment or sublease involves a change of use of the Premises from that specified herein, or (iv) the proposed assignee or . If Tenant is a corporation, limited liability company, or an unincorporated association or partnership, the transfer, assignment or hypothecation of any stock or interest in such entity in the aggregate in excess of forty-nine percent (49%) shall be deemed an assignment within the meaning and provisions of this Section 13.1. 13.2 Transfer Notice. If Tenant desires to effect Transfer, then at least thirty (30) days prior to the Transfer Date Tenant agrees to give Landlord a notice (the Transfer Notice stating the name, address and business of the proposed assignee, sublessee or other transferee Transferee references) concerning the character, ownership, and financial condition of the proposed Transferee, the Transfer Date, any ownership or commercial relationship between Tenant and the proposed Transferee, and the consideration and all other material terms and conditions of the proposed Transfer, all in such detail as Landlord may reasonably require. 13.3 . Transfer Notice, and any additional information requested by Landlord concerning the Tenant of its election to do one of the following: (i) consent to the proposed Transfer subject to such reasonable conditions as Landlord may impose in providing such consent; refuse such consent, which refusal shall be on reasonable grounds; or (iii) terminate this Lease as to all or such portion of the Premises which is proposed to be sublet or assigned and recapture all or such portion of the Premises for reletting by Landlord. 13.4 Additional Conditions. Transfer of this Lease will be the delivery to Landlord of a true copy of the fully executed instrument of assignment, sublease, transfer or hypothecation, in form and substance reasonably satisfactory to Landlord. Tenant agrees to pay to Landlord, as additional Rent, one hundred percent (100%) of all sums and other consideration payable to and for the benefit of Tenant by the assignee or sublessee in excess of the rent payable under this Lease for the same period and portion of the Premises. In calculating excess rent or other consideration which may be payable to Landlord under this Section 13.4, Tenant will be entitled to deduct commercially reasonable third-party brokerage commissions and fees and other amounts reasonably and actually expended by Tenant in connection with such assignment or subletting if acceptable written evidence of such expenditures is provided to Landlord. obligations under this Lease or alter the primary liability of Tenant to pay the Rent and City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 11 542841v1 to perform all other obligations to be performed by Tenant hereunder. Landlord may require that any Transferee remit directly to Landlord on a monthly basis, all monies due Tenant by said Transferee, and each sublease shall provide that if Landlord gives said sublessee written notice that Tenant is in default under this Lease, said sublessee will thereafter make all payments due under the sublease directly to or as directed by Landlord, which payments will be credited against any payments due under this Lease. Tenant hereby irrevocably and unconditionally assigns to Landlord all rents and other sums payable under any sublease of the Premises; provided, however, that Landlord hereby grants Tenant a license to collect all such rents and other sums so long as Tenant is not in default under this Lease. Tenant shall, within ten (10) days after the execution and delivery of any assignment or sublease, deliver a duplicate original copy thereof to Landlord. Consent by Landlord to one Transfer will not be deemed consent to any subsequent Transfer. In the event of default by any Transferee of Tenant or any successor of Tenant in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such Transferee or successor. If Tenant effects a Transfer or requests the consent of Landlord to any Transfer (whether or not such Transfer is consummated), then, upon demand, and as a condition precedent to consideration of the proposed assignment or sublease, Tenant agrees to pay Landlord a non-refundable administrative fee of Five Hundred Dollars ($500.00), plus reasonable fees and costs (whether -house attorneys or paralegals or otherwise) and other costs incurred by Landlord in reviewing such proposed assignment or sublease. Acceptance of the administrative fee and/or reimbursement of fees and costs shall in no event obligate Landlord to consent to any proposed Transfer. Notwithstanding any contrary provision of this Lease, if Tenant or any proposed Transferee claims that Landlord has unreasonably withheld or delayed its consent to a proposed Transfer or otherwise has breached its obligations under this Section 13, and such only remedy shall be to seek a declaratory judgment and/or injunctive relief, and Tenant, on behalf of itself and, to the extent permitted by law, such proposed Transferee waives all other remedies against Landlord, including without limitation, the right to seek monetary damages or to terminate this Lease. 14. Entry by Landlord. Due to State mandated security requirements, all employees or agents of Landlord must be escorted by an authorized employee of Tenant while in the Premises. Upon giving reasonable notice to Tenant, and no less than forty-eight hours notice, and subject to being escorted by Tenant (except in the event of an emergency, in which event an employee or agent of may enter the Premises subject to following the Tenant approved entry requirements more particularly described above, including in Section 5.3.1 herein), Subject to Tenant approved entry requirement set forth above and in Section 5.3.1, Landlord and its employees and agents shall have the right to enter the Premises to inspect the same, to exhibit the Premises to prospective lenders or purchasers (or during the last twelve (12) months of the Term, to prospective tenants), to post notices of non- responsibility, to alter, improve or repair the Premises or perform certain services, all as contemplated by this Lease and/or to otherwise exercise its rights and remedies under this Lease, all without being deemed guilty of or liable for any breach of covenant of quiet enjoyment or any eviction of Tenant, and, subject to contrary provisions herein this Lease, without abatement of rent. In exercising such entry rights, Landlord shall endeavor to minimize, as reasonably reasonable advance written notice of such entry (except in emergency situations). doors in an emergency in order to obtain entry to the Premises, subject to the Tenant approved entry requirements set forth above and in Section 5.3.1 herein. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of Rent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry by City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 12 542841v1 Landlord except, subject to the provisions of Sections 20.1 and 22, to the extent of misconduct. 15. Utilities and Services. From and after the Commencement Date, Tenant shall be solely responsible for obtaining and shall promptly pay all charges for heat, air conditioning, water, gas, electricity or any other utility used, consumed or provided in, furnished to or attributable to the Premises. Subject to Section 17 herein, Landlord shall not be liable for any failure or interruption for any reason of any utility service being furnished to the Premises; provided, however, in the event that all of the following have occurred: (a) there is a material interruption in an essential utility service to the Premises; (b) the interruption is employees or agents; (c) Tenant has given Landlord written notice of the interruption and a reasonable opportunity to restore utility service; and (d) the interruption that Tenant cannot reasonably conduct business upon the Premises notwithstanding its commercially reasonable efforts to mitigate such interruption, then in such case there shall be an equitable abatement of Monthly Rent based upon the length of time during which such interruption continues, and the portion of the Premises which becomes unusable as a result of such interruption. 16. Mutual Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and Landlord Indemnified Parties claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including reasonable Indemnified Claims Commencement Date, unless caused by the negligence, willful misconduct or acts or omissions of Landlord Indemnified Parties, (b) any act or omission of Tenant or any of done, permitted terms of this Lease. In case any action or proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of any such Indemnified Claims, Tenant, up , provided nothing herein shall constitute a waiver by Tenant of governmental immunities including California Government Code section 810 et seq. Landlord shall be liable for, and shall indemnify, defend, protect and hold Tenant and any of Tenan Parties harmless from and against, any and all claims, damages, judgements, suits, cause of action, losses, liabilities and expenses including reasonable , arising or resulting from any negligence or willful misconduct of Landlord or any Landlord Indemnified Parties or the any act or omission of Landlord or any Landlord Indemnified Parties. In case any action or proceeding whatsoever is brought against Tenant or the Tenant Indemnified Parties by reason of any such claims for which Landlord is expense by counsel approved in writing by Tenant, which approval shall not be unreasonably withheld. Landlord agrees that this Agreement shall in no way act to abrogate or waive any immunities available to Tenant under the Tort Claims Act of the State of California. 16.1 Survival; No Release of Insurers. The indemnification obligations herein this Section 16 shall survive the expiration or earlier termination of this Lease. The covenants, agreements and indemnification herein this Section 16, are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried pursuant to the provisions of this Lease. 17. Damage or Destruction. Notwithstanding anything to the contrary in this Lease, if the Premises are damaged or destroyed as a result of fire, earthquake, act of God, or City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 13 542841v1 any other identifiable event of a sudden, unexpected, or unusual nature (hereinafter Casualty own cost, or terminate this Lease as hereinafter provided. 17.1 Landlord's Election to Repair. If Landlord elects to repair the Casualty damage to the Premises, then it shall within ninety (90) days after the date of Casualty provide Notice of Repair required to repair. To the extent that the appropriate insurance proceeds are available, Landlord shall bear the cost of all repairs to the Premises, including the cost to repair any alterations or fixtures installed or attached thereto by Tenant. Such repairs shall restore the Premises to substantially the same condition as that existing at the time of Casualty; such repairs shall also be made in compliance with all applicable state and local building codes. Landlord shall not be liable to Tenant for compensation for any loss of business, or any inconvenience or annoyance arising from repair of the Premises as a result of the Casualty except for abatement as hereinafter provided. Notwithstanding the foregoing or anything herein to the contrary, Tenant shall be responsible at its sole cost and expense for the replacement of its personal property. 17.2 Landlord's Election to Terminate Due to Casualty. Landlord may only elect to terminate the Lease due to Casualty if: (i) the Premises have been destroyed or substantially destroyed by said Casualty; and the estimated time to repair the Premises exceeds two hundred seventy (270) days from the date of the Casualty, (ii) insurance proceeds sufficient to restore the Premises as required above are not available, or (iii) the Casualty occurs in the last twelve (12) months of the Lease Term. Landlord shall provide Tenant with written notice of its election to terminate within ninety (90) days after the date of Casualty, specifying a termination date not less than thirty (30) days from the date of said notice. 17.3 Casualty. If Tenant does not receive a Notice of Repair from Landlord within ninety (90) days after the Casualty, or if the anticipated period of repair contained in the Notice of Repair exceeds two hundred seventy (270) days, or if Landlord notifies Tenant in the Notice of Repair that there will be insufficient insurance proceeds received from Property Insurance Policy to complete the required repairs and Landlord will not agree to pay for any uninsured repairs, then Tenant may elect to terminate this Lease. Tenant shall provide Landlord with written notice of its election to terminate this Lease, specifying a termination date not less than thirty (30) days from the date of said notice. In such case, Tenant shall have the right to demand that Landlord refund any monies which were paid to Landlord pursuant to the Lease but which were not earned by Landlord by consequence of the Casualty. Upon receipt of such demand, Landlord shall promptly refund all such monies. 17.4 Abatement. Notwithstanding anything to the contrary in this Lease, during any period in which by reason of material damage to or destruction or casualty of the Premises, title defect, condemnation (or sale under threat of condemnation), or any taking pursuant to Section 18 herein below any portion of the Premises cannot be used and occupied by Tenant, including, but not limited to, substantial interference with use and occupancy of the Premises, pursuant to this Abatement Event Rent payments and any other amounts otherwise due and payable hereunder to Landlord shall be abated proportionately. Subject to Section 17.3 hereinabove, Tenant waives the benefits of Civil Code Sections 1932(2) and 1933(4) and any and all other rights to terminate the Lease by virtue of any such interference and the Lease shall continue in full force and effect. In the case of abatement relating to the Premises, the amount of abatement will be determined by the parties such that the resulting rental represents fair consideration for the use and occupancy of the portion of the Property not damaged or destroyed or otherwise affected by such Abatement Event. Such abatement shall continue for the period commencing with the date of such Abatement Event and ending with the substantial completion of the work of repair or replacement of the Premises so damaged or destroyed or affected by such Abatement Event; and the term of this Lease shall be extended by the period during which the rental is abated hereunder. Any abatement of any Rent, or any other amounts otherwise due and payable, pursuant to this Section 17.4 shall not be deemed to be an event of Default on the part of Tenant under Section 21 or any other provision herein. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 14 542841v1 Nothing contained in this Section 17.4 shall obligate Tenant for payments of Rent, and/or any other amounts otherwise due and payable hereunder if this Lease is terminated pursuant to Sections 17.2 or 17.3 herein. 18. Eminent Domain. 18.1 Total or Partial Taking. In case all of the Premises, or such part thereof as shall the Premises, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking, and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant; provided, however, in the event of such a taking, Tenant shall be entitled to such portion of the award as shall be attributable to goodwill and for damage to, or the cost of following a taking, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant, Landlord shall restore the Premises to substantially their same condition prior to such partial taking to the extent of any award proceeds received by Landlord, and rent shall be abated as provided in Section 17.4 above. If the award proceeds from the taking are insufficient to restore the Premises as required by the preceding sentence and Landlord does not provide its own funds to so ability to use the Premises as contemplated by this Lease is materially and substantially impaired, then Tenant may elect to terminate this Lease by giving Landlord written notice thereof; provided, however, Landlord may rescind such termination by giving Tenant written notice within Tenant that Landlord will provide the necessary funds to so restore the Premises. 18.2 Temporary Taking. In the event of taking of the Premises or any part thereof for temporary use, (i) this Lease shall be and remain unaffected thereby and Rent shall abate as provided in Section 17.4 herein, and (ii) Landlord shall be entitled to receive for itself such portion or portions of any award made for such use with respect to the period of the taking which is within the Lease Term. For purposes of this Section 18.2, a temporary taking shall be defined as a taking for a period of one (1) year or less. 19. Insurance. 19.1 Types of Insurance. On or before the earlier of the Early Occupancy Date or the date Tenant commences or causes to be commenced any work of any type in or on any portion of the Premises, and continuing thereafter until the expiration of the Term, Tenant shall obtain and keep in full force and effect respecting the Premises, the following insurance or self-insurance: (a) Business personal property and personal property insurance, or self-insurance, including the personal property of others placed under the custody and care of Tenant. (b) Commercial general liability insurance coverage, on an occurrence basis, including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, coverage, contractual liability products and completed operations liability, with not less than Three Million Dollars ($3,000,000) per occurrence and an aggregate of Five Million Dollars ($5,000,000). During the course of Tenant Improvements, Tenant will require contractors to maintain General Liability limits of at a minimum One Million Dollars ($1,000,000) per occurrence and Two Million Dollars (2,000,000) aggregate. Limits may increase dependent on the scope of work. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 15 542841v1 (c) Auto Liability requirement with not less than Five Million Dollars ($5,000,000) combined single limit. (d) and limits, covering all persons employed in connection with any work done in, on or about the Premises for which claims for death or bodily injury could be asserted against Landlord, Tenant or the Premises. (e) Any other form or forms of insurance as Tenant or Landlord or the mortgagees of Landlord may reasonably require from time to time, in form, amounts and for insurance risks against which a prudent tenant would protect itself, but only to the extent such risks and amounts are available in the insurance market at commercially reasonable costs. 19.2 Requirements. Each policy required to be obtained by Tenant hereunder shall: (a) name Tenant as named insured thereunder and shall include the Landlord as additional insureds with respect to the insurance described in Section 19.1(b) and 19.1 (c) above specifically provide that the General Liability and Auto Liability insurance be primary, and any insurance carried by the additional insureds shall be excess and non- contributing; (b)Tenant agrees to deliver to Landlord, as soon as practicable after the placing of the required insurance, but in no event later than the date Tenant enters all or any part of the Premises, certificates evidencing the existence of such insurance .2. Tenant shall cause replacement certificates to be delivered . If any such initial or replacement certificates are not furnished within the time(s) specified herein, Landlord shall provide Tenant written notice of the Default, and allow Tenant to cure such default within fourteen (14) days. If Tenant fails to cure the Default within the time specified, Landlord shall have the right, but not the obligation, to procure such A certificate of proof of being permissibly self-insured shall satisfy the aforementioned requirements under this Section 19.2. In the event Tenant qualifies and elects to self-insure pursuant to the provisions hereof, (a) Tenant shall agree to assume all duties, obligations and responsibilities of an insurance company with respect to any claim made under such program, (b) to the extent otherwise required under this Lease, Tenant shall indemnify, defend, protect and hold harmless Landlord and any other person that Tenant may be required hereunder to name as additional insured against and from any and all losses or liabilities as to which this Lease otherwise requires Tenant to carry insurance, and (c) if Tenant thereafter elects to terminate such self-insurance program, Tenant shall give replacement policies of insurance or certificates in accordance with the requirements set forth in this Section 19.2. 19.3 Effect on Insurance. Tenant shall not do or permit to be done anything which will violate or invalidate any insurance policy maintained by Tenant hereunder. Except as provided in Section 1.7 in Summary, i occupancy or conduct of its business in or on the Premises results in any increase in premiums for any insurance carried by Landlord, Tenant shall pay such increase as additional Rent within Sixty (60) days after being billed therefor by Landlord. If any insurance coverage carried by Landlord shall be cancelled or reduced (or cancellation or reduction thereof shall be threatened) by reason of the use or occupancy of the Premises by Tenant or by anyone permitted by Tenant to be upon the Premises except as provided in Section 1.7 in Summary, and if Tenant fails to remedy such condition within Thirty (30) days after notice thereof, Tenant shall be deemed to be in default under this Lease, without the benefit of any additional notice or cure period specified in Section 21.1 below, and Landlord shall have all remedies provided in this Lease, at law or in equity, including, without limitation, the right (but not the obligation) to enter upon the Premises and attempt to remedy such condition cost. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 16 542841v1 19.4 . Landlord shall obtain and maintain the Special Form (aka furniture and equipment, which Tenant shall continue to insure) in an amount not less than the full replacement cost thereof, which insurance shall also include rental loss (12) months and such other coverages as may be customarily carried by owners of similar office buildings in Fresno. Landlord shall provide the Tenant with a Certificate of Insurance prior to execution of this agreement. Landlord shall give Tenant at least thirty (30) days notice prior to any changes in Property Insurance. In the event the tenancy as provided in Section 1.7, Landlord agrees to make reasonable efforts to secure alternative property insurance. In the event Landlord fails to keep in effect at all times insurance coverage as herein provided, increases to an amount deemed cost prohibitive by Tenant, then Tenant may obtain offset monthly Rent by the amount of such insurance premiums incurred by Tenant after providing written notice of such amounts and proof of insurance to Landlord. All sums expended by Landlord in performing its obligations under this Section 19.4 shall be reimbursed by Tenant within thirty (30) days upon receipt of an invoice from Landlord. 20. Waiver of Subrogation. 20.1 Landlord and Tenant agree to have their respective insurance companies issuing property damage insurance waive any rights of subrogation that such companies may have against Landlord or Tenant, so long as the insurance carried by Landlord and Tenant, respectively, is not invalidated thereby. As long as such waivers of subrogation are contained in their respective insurance policies, Landlord and Tenant hereby waive any right that either may have against the other on account of any loss or damage to their respective property to the extent such loss or damage is insurable under policies of insurance for fire and all risk coverage, theft, or other similar insurance. 21. Remedies. 21.1 . The occurrence of any one or more of the following events shall constitute a default under this Lease by Tenant: (a) the vacation or abandonment of the Abandonment herein defined to include, but is not limited to, any absence by Tenant from the Premises for five (5) business days or longer while in material default of any Vacation the Premises without providing a reasonable level of security to minimize the potential for vandalism, or where the coverage of the property insurance under Section 19.1(a) is jeopardized as a result thereof; (b) the failure by Tenant to make any payment of Rent or any other payment required to be made by Tenant hereunder, within five (5) days of written notice from Landlord that such payment was not received; (c) the failure by Tenant to observe or perform any of the express or implied covenants or provisions of this Lease to be observed or performed by Tenant, other than as specified in Sections 21.1(a) or (b) above, where such failure shall continue for a period of thirty (30) days after written notice thereof from Landlord it may be cured but more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant shall commence such cure within said thirty (30) day period and thereafter diligently prosecute such cure to completion; (d) (i) the making by Tenant or any guarantor hereof of any general assignment for the benefit of creditors, (ii) the filing by or against Tenant or any guarantor hereof of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 17 542841v1 petition filed against Tenant or any guarantor hereof, the same is dismissed within sixty (60) days), (iii) the appointment of a trustee or receiver to take where possession is not restored to Tenant within sixty (60) days, or (iv) the attachment, e assets located at the Premises sixty (60) days. Any notice given under this Section 21.1 shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure (CCP), Section 1161. 21.2 . This Section 21.2 shall be subject to Section 21.12 herein. In the event of any such default and failure to timely cure by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant: (a) the worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (b) the worth at the time of the award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (c) any other amount necessary to compensate Landlord for all the detriment Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to: unamortized Tenant Improvement costs; fees; unamortized commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Improvements and any other items which Tenant is required under this Lease to remove but does not remove. This section shall not apply to all Landlord- approved Tenant Improvements. As used in Sections 21.2(a) and 21 computed by allowing interest at the Interest Rate set forth in Section 1.9 of the Summary. As used in Section 21 computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). 21.3 -Entry Rights. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall also have the right as permitted by Applicable Laws, after formally terminating this Lease, to re-enter the Premises and remove all persons and property from the Premises; such property may be removed, stored and/or disposed of pursuant to Section 11.4 of this Lease or any other procedures permitted by Applicable Laws. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 21.3, and no acceptance of surrender of the Premises or other action on part, shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. 21.4 . This Section 21.4 is subject to Section 21.12 herein. In the event of any such default by Tenant, in addition to any other remedies available to Landlord under this Lease, at law or in equity, Landlord shall have the right described in California Civil Code Section 1951.4 (lessor may City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 18 542841v1 continue lease in effect after lessee's breach and abandonment and recover rent as it becomes due, if lessee has the right to sublet or assign, subject only to reasonable limitations), whether or not Tenant shall have abandoned the Premises. In the event Landlord elects to continue this Lease in full force and effect pursuant to this Section 21.4, then Landlord shall be entitled to enforce all of its rights and remedies under this election not to terminate this Lease pursuant to this Section 21.4 or pursuant to any other provision of this Lease, at law or in equity, shall not preclude Landlord from subsequently electing to terminate this Lease or pursuing any of its other remedies. 21.5 . Except as specifically provided otherwise in this Lease, all covenants and agreements by Tenant under this Lease shall be performed offset of rent. If Tenant shall fail to pay any sum of money (other than Rent) or perform any other act on its part to be paid or performed hereunder and such failure shall continue for fifteen (15) days with respect to monetary obligations (or thirty (30) days with respect to non- (except that no notice will be required in the event of an emergency), Landlord may, without waiving or releasing Tenant from any of payment or perform such other act on behalf of Tenant. All sums so paid by Landlord and all necessary incidental costs incurred by Landlord in performing such other acts shall be payable by Tenant to Landlord within fifteen (15) days after demand therefor as additional Rent. 21.6 Interest. If any monthly installment of Rent, or any other amount payable by Tenant hereunder is not received by Landlord by the date when due, it shall bear interest at the Interest Rate set forth in Section 1.9 of the Summary from the date due until paid. All interest, and any late charges imposed pursuant to Section 21.7 below, shall be considered additional Rent due from Tenant to Landlord under the terms of this Lease. 21.7 Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed of trust or related loan documents encumbering the Premises. Accordingly, if any installment of Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of ten percent (10%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the La or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect. 21.8 Costs Upon Default and Litigation. Tenant shall pay to Landlord and its mortgagees as additional Rent all the expenses incurred by Landlord or its mortgagees in connection with any default by Tenant hereunder or the exercise of any remedy by reason of any default by Tenant hereunder, including expenses. If Landlord or its mortgagees shall be made a party to any litigation commenced against Tenant or any litigation pertaining to this Lease or the Premises, at the option of Landlord and/or its mortgagees, Tenant, at its expense, shall provide Landlord and/or its mortgagees with counsel approved by Landlord and/or its mortgagees and shall pay all costs incurred or paid by Landlord and/or its mortgagees in connection with such litigation. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 19 542841v1 21.9 Rights and Remedies Cumulative. This Section 21.9 shall be subject to Section 21.12 herein. All rights, options and remedies of Landlord contained in this Section 21 and elsewhere in this Lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Landlord shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law or in equity, whether or not stated in this Lease. Nothing in this Section 210 shall be provision of this Lease. 21.10 Waiver of Redemption. Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have under any present or future law to redeem any of the Premises or to have a continuance of this Lease after termination of this Lease or of right of occupancy or possession pursuant to any court order or any provision hereof, and (ii) the benefits of any present or future law which exempts property from liability for debt or for distress for rent. 21.11 No Event of Default. It is understood that Tenant shall not be considered in default Tenant hereunder to the extent Tenant is not required to pay such sums as a result of the abatement provisions of this Lease, including, but not limited to, Section 17 herein. Further, the purchase option (Section 33) herein shall also terminate and be of no further force and effect in the event this Lease is terminated for any reason. 21.12 No Acceleration of Future Rent or Other Payments/Amounts. Notwithstanding anything to the contrary contained herein this Lease or any right or remedy of which Landlord may otherwise avail itself pursuant to Applicable Laws, any right of Landlord to recover any rents (including Rent) and/or any other amounts to be paid by Tenant as provided in this Lease shall be without acceleration of any future Rent and/or any future amounts to be paid by Tenant herein, before they are due and payable hereunder. Landlord hereby expressly waives its right to accelerate rent in the event of a termination of this Lease for any reason whatsoever pursuant to California Civil Code Section 1951.2; California Civil Code Section 1951.4, as more particularly provided above. 22, Default. Landlord shall not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord has failed to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail failure to perform; provided, obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed in default if it commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Subject to Section 17 herein, upon any such uncured default by Landlord, Tenant may exercise any of its rights provided in law or at equity; provided, however: (a) Tenant shall have no right to offset or abate Rent in the event of any default by Landlord under this Lease except as provided in Section 17 herein; (b) shall be limited to the extent (i) Tenant has expressly waived in this Lease any of such remedies, including the limitation on L 9 hereof; (c) Tenant shall not have the right to terminate this Lease as a result of any such default; and (d) in no event shall Landlord be liable for consequential damages or loss of business profits. 23. Compliance with all Laws and Prevailing Wages. Landlord agrees to indemnify, defend (upon written request of Tenant) and hold harmless Tenant, including it boards, officials officers, agents, and employees from any and all claims, costs, expenses, penalties, causes of action, fees damages or liability from the failure of Landlord or contractors and/or subcontractors to comply with Article 2 of Chapter 1 of Part 7 of the California Labor Code with respect City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 20 542841v1 to any work performed on the Premises by Landlord to prepare the Premises for occupancy by the Tenant. It is sole responsibility to ensure compliance with California Labor Code §§1770-1780 and any regulations or directions promulgated thereunder by the DIR to the extent legally applicable to said work. To the extent legally applicable to said work, Landlord shall insert in any contract with its contractor(s) and further will require its contractor(s) to insert in any subcontract, the requirements contained in California Labor Code §§1770-1780. Tenant has made no representations upon which Landlord has relied and under no circumstances shall Tenant be responsible for any violation of any wage or employment law, regulation or DIR requirement. Compliance with said laws, regulations and DIR requirements is the sole responsibility of the Landlord and its contractor(s). 24. Subordination. At the request of Landlord or any mortgagee of a mortgage or a beneficiary of a deed of trust now or hereafter encumbering all or any portion of the Premises, or any lessor of any ground or master lease now or hereafter affecting all or any portion of the Premises, this Lease shall be subject and subordinate at all times to such ground or master leases (and such extensions and modifications thereof), and to the lien of such mortgages and deeds of trust (as well as to any advances made thereunder and to all renewals, replacements, modifications and extensions thereof); provided, however, no subordination of this Lease to a future ground or master lease or mortgage or deed of trust shall result in Tenant being disturbed in its possession of the Premises or in the enjoyment of its rights under this Lease so long as Tenant is not in default with respect to its obligations hereunder, and any subordination agreement which Landlord, any mortgagee, beneficiary or lessor requests Tenant to execute to effect or confirm such subordination shall so provide. Notwithstanding the foregoing, Landlord shall have the right to subordinate or cause to be subordinated any or all ground or master leases or the lien of any or all mortgages or deeds of trust to this Lease. In the event that any ground or master lease terminates for any reason or any mortgage or deed of trust is foreclosed or a conveyance in lieu of foreclosure is made for any reason, at the election of in interest, Tenant shall attorn to and become the tenant of such successor. Tenant hereby waives its rights under any current or future law which gives or purports to give Tenant any right to terminate or otherwise adversely affect this Lease and the obligations of Tenant hereunder in the event of any such foreclosure proceeding or sale. Subject to the foregoing, Tenant covenants and agrees to execute and deliver to Landlord within ten (10) business days after receipt of written demand by Landlord and in the form reasonably required by Landlord and acceptable to Tenant, any additional documents evidencing the priority or subordination of this Lease with respect to any such ground or master lease or the lien of any such mortgage or deed documents within said ten (10) day period, Tenant shall be in default hereunder without the benefit of any additional notice or cure periods specified in Section 21.1 above. Subject to the executed Purchase and Sale Agreement and Joint Escrow Instructions pursuant to Section 33.3 herein, if Tenant acquires the Property in connection with 3 below, then any such mortgage or deed of trust shall be released and reconveyed prior to or concurrent with the Close of Escrow. 25. Estoppel Certificate. 25.1 Obligations. Within ten (10) business days following written request, Tenant shall execute and deliver to Landlord an estoppel certificate, in a form substantially similar to the form of attached hereto or such other form that is reasonably acceptable to Tenant, certifying: (a) the Commencement Date of this Lease; (b) that this Lease is unmodified and in full force and effect (or, if modified, that this Lease is in full force and effect as modified, and stating the date and nature of such modifications); (c) the date to which the Rent and other sums payable under this Lease have been paid; (d) defaults under this Lease by either Landlord or Tenant, except as specified in such certificate; and (e) such other matters as are set forth in Exhibit or are reasonably City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 21 542841v1 requested by Landlord. Any such estoppel certificate delivered pursuant to this Section 25.1 may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of any portion of the Premises, as well as their assignees. 25.2 Failure to Deliver. failure to deliver such estoppel certificate within such time shall constitute a default hereunder without the applicability of notice and cure periods specified in Section 21.1 above and shall be conclusive upon Tenant that: (a) this Lease is in full force and effect without modification, except as may be represented by Landlord; (b) there are no uncured defaults in performance (other than failure to deliver the estoppel certificate); and (c) not more protect, defend (with counsel reasonably approved by Landlord in writing) and hold Landlord harmless from and against any and all claims, judgments, suits, causes of costs) attributable to any failure by Tenant to timely deliver any such estoppel certificate to Landlord pursuant to Section 25.1 above. 26. Modification and Cure Lessors. 26.1 Modifications. financing of the Premises, the lender shall request modifications to this Lease, Tenant shall, within ten (10) days after request therefor, execute an amendment to this Lease including such modifications, provided such modifications are reasonable, do not increase the obligations of Tenant hereunder, or adversely affect the leasehold estate ghts hereunder. 26.2 Cure Rights. In the event of any default on the part of Landlord, Tenant will give notice by registered or certified mail to any beneficiary of a deed of trust or mortgagee covering the Premises or ground lessor of Landlord whose address shall have been furnished to Tenant, and shall offer such beneficiary, mortgagee or ground lessor a reasonable opportunity to cure the default (including with respect to any such beneficiary or mortgagee, time to obtain possession of the Premises, subject to this Lease and rights hereunder, by power of sale or judicial foreclosure, if such should prove necessary to effect a cure). 27. Quiet Enjoyment. Landlord covenants and agrees with Tenant that, upon Tenant performing all of the Lease (including payment of rent hereunder), Tenant shall and may peaceably and quietly have, hold and enjoy the Premises, in accordance with and subject to the terms and conditions of this Lease, as against all persons claiming by, through or under Landlord. 28. Interest. part of the Landlord are concerned, shall be limited to mean and include only the owner a ground lease of, the Premises. In the event of any transfer or conveyance of any such title or interest (other than a transfer for security purposes only) and upon the execution of a nants under this Lease, the transferor shall be automatically relieved of all covenants and obligations on the part of Landlord contained in this Lease. If any security has been given by Tenant to secure the faithful performance of all or any of the covenants of this Lease on the part of Tenant, or if any Rent has been prepaid by Tenant, then Landlord may transfer and/or deliver the security and such prepaid Rent to the transferee, and upon proper written notice to Tenant, as provided by law, Landlord shall be discharged from any liability and assignees shall have the absolute right to transfer all or any portion of their respective title and interest in the Premises and/or this Lease, subject to all provisions of this Lease including the Option to Purchase, without the consent of Tenant, and such transfer or City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 22 542841v1 subsequent transfer shall not be deemed a violation on part of any of the terms and conditions of this Lease. 29. Liability. Notwithstanding anything contained in this Lease to the contrary, the obligations of Landlord under this Lease (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers or shareholders of Landlord or partners, and Tenant shall not seek recourse against the individual partners, directors, officers or shareholders of Landlord or partners, or any of their personal assets for satisfaction of any liability with respect to this Lease. In addition, in consideration of the benefits accruing hereunder to Tenant and notwithstanding anything contained in this Lease to the contrary, Tenant hereby covenants and agrees for itself and all of its successors and assigns that the liability of Landlord for its obligations under this Lease (including any liability as a result of any actual or alleged failure, breach or default hereunder by Landlord), shall be limited solely to, and and its and sole and exclusive remedy shall be against, interest in the Premises, and no other assets of Landlord. The provisions of this Section 29 shall not preclude an action for specific performance by Tenant to enforce the Purchase Option contained in this Lease. 30. Miscellaneous. 30.1 Governing Law. This Lease shall be governed by, and construed pursuant to, the laws of the state in which the Premises are located. 30.2 Independent Contractor. In performance of the work, duties and obligations assumed by Landlord under this Lease, it is mutually understood and agreed that Landlord, including any and all of officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of Tenant. Furthermore, Tenant shall have no right to control or supervise or direct the manner or method by which Landlord shall perform its work and function. However, Tenant shall retain the right to administer this Lease so as to verify that Landlord is performing its obligations in accordance with the terms and conditions thereof. Landlord and Tenant shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Landlord shall have absolutely no right to employment rights and benefits available to Tenant employees. Landlord shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, Landlord shall be solely responsible and save including compliance with Social Security withholding and all other law and regulations governing such matters. It is acknowledged that during the term of this Lease, Landlord may be providing services to others unrelated to Tenant or to this Lease. 30.3 Disclosure of Self-Dealing Transactions. This provision is only applicable if the Landlord is operating as a corporation (a for-profit or non-profit corporation) or if during the term of this Lease, the Landlord changes its status to operate as a corporation. Members of Board of Directors shall disclose any self-dealing transactions that they are a party to while Landlord is providing goods or performing services under this Lease. A self-dealing transaction shall mean a transaction to which the Landlord is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form Exhibit , attached hereto and by this reference incorporated herein, and submitting it to the City of Fresno (Tenant) prior to commencing with the self-dealing transaction or immediately thereafter. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 23 542841v1 30.4 Successors and Assigns. Subject to the provisions of Section 28 above, and except as otherwise provided in this Lease, all of the covenants, conditions and provisions of this Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, personal representatives and permitted successors and assigns; provided, however, no rights shall inure to the benefit of any Transferee of Tenant unless the Transfer to such Transferee is made in compliance with the provisions of Section 13. 30.5 No Merger. The voluntary or other surrender of this Lease by Tenant or a mutual termination thereof shall not work as a merger and shall, at the option of Landlord, either (a) terminate all or any existing subleases, or (b) operate as an assignment to Landlord of interest under any or all such subleases. 30.6 Professional Fees. If either Landlord or Tenant should bring suit or arbitration against the other with respect to this Lease, including for unlawful detainer or any other relief against the other hereunder, then all costs and expenses incurred by the prevailing party therein (including, without limitation, its and other professional fees, expenses and court costs), shall be paid by the other party, including, but not limited to, costs of appeal . 30.7 Waiver. The waiver by either party of any breach by the other party of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant and condition herein contained, nor shall any custom or practice which may become established between the parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of any party to insist upon the performance by the other in strict accordance with said terms. No waiver of any default of either party hereunder shall be implied from any acceptance by Landlord or delivery by Tenant (as the case may be) of any Rent or other payments due hereunder or any omission by the non-defaulting party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect defaults other than as specified in said waiver. The subsequent acceptance of Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease other than the failure of Tenant to pay the particular Rent so accepted, regardless Rent. 30.8. Terms and Headings; Interpretation used herein shall include the plural as well as the singular. Words used in any gender include other genders. The Section headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. Any deletion of language from this Lease prior to its execution by Landlord and Tenant shall not be construed to raise any presumption, canon of construction or implication, including, without limitation, any implication that the parties intended thereby to state the converse of the deleted language. 30.9 Time. Time is of the essence with respect to performance of every provision of this Lease in which time or performance is a factor. All days. 30.10 Prior Agreements; Amendments. This Lease, including the Summary and all Exhibits and Riders attached hereto contains all of the covenants, provisions, agreements, conditions and understandings between Landlord and Tenant concerning the Premises and any other matter covered or mentioned in this Lease, and no prior agreement or understanding, oral or written, express or implied, pertaining to the Premises or any such other matter shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. The parties acknowledge that all prior agreements, representations and negotiations are deemed superseded by the execution of this Lease to the extent they are not expressly incorporated herein. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 24 542841v1 30.11 Severability. The invalidity or unenforceability of any provision of this Lease (except for any other provision hereof, and such other provisions shall remain valid and in full force and effect to the fullest extent permitted by law. 30.12 Exhibits and Riders. All Exhibits and Riders attached to this Lease are hereby incorporated in this Lease for all purposes as though set forth at length herein. 30.13 Auctions. Tenant shall have no right to conduct any auction in, on or about the Premises. 30.14 Accord and Satisfaction. Except as otherwise expressly provided herein, no payment by Tenant or receipt by Landlord of a lesser amount than the Rent payment herein stipulated shall be deemed to be other than on account of the Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such recover the balance of such Rent or pursue any other remedy provided in this Lease. Tenant agrees that each of the foregoing covenants and agreements shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by any statute or at common law. 30.15 No Partnership. Landlord does not, in any way or for any purpose, become a partner of Tenant in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with Tenant by reason of this Lease. 30.16 Force Majeure. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, governmental moratorium or other governmental action or inaction (including failure, refusal or delay in issuing permits, approvals and/or authorizations), injunction or court order, riots, insurrection, war, fire, earthquake, flood or other natural disaster or other reason of a like nature not the fault of the party delaying in performing work or doing acts required under the terms of this Lease (but excluding delays due to financial inability) (herein Force Majeure Delays for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Subject to Sections 17.3 and 18, the provisions of this Section 30.16 shall not apply to nor operate to excuse Tenant from the payment of Rent strictly in accordance with the terms of this Lease. 30.17 Counterparts. This Lease may be executed in one or more counterparts, each of which shall constitute an original and all of which shall be one and the same agreement. 30.18 Non-Discrimination. Tenant acknowledges and agrees that there shall be no discrimination against, or segregation of, any person, group of persons, or entity on the basis of race, color, creed, religion, age, sex, marital status, national origin, or ancestry in the leasing, subleasing, transferring, assignment, occupancy, tenure, use, or enjoyment of the Premises, or any portion thereof. 30.19 CASp Inspection. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Building has not, as of the date of this Lease, undergone an inspection by a Certified CASp 55.52. 30.20 Energy Usage Data. To comply with requirements of California Public Resources Code Section 25402.10 and California Code of Regulations Sections 1680- 1684, Tenant consents to the collection and disclosure of the historic and future energy City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 25 542841v1 Premises, whether or not Landlord, Tenant, or any other third party is the party that has contracted for the provision of such utilities. Tenant shall cooperate fully with Landlord in connection with any mandatory or voluntary requirement to report or disclose obligation to cooperate, Tenant shall, within ten (10) business days of written request, supply complete and accurate authorize applicable utility and energy providers to collect and release such data. 31. Lease Execution. 31.1 . The persons executing this Lease on behalf of Tenant and Landlord represent and warrant that such persons and/or entities behalf. 31.2 Joint and Several Liability. The following shall apply to Landlord and Tenant: If more than one person or entity executes this Lease on behalf of either Landlord or Tenant: (a) each of them is and shall be jointly and severally liable for the covenants, conditions, provisions and agreements of this Lease to be kept, observed and performed respectively by Tenant and Landlord; and (b) the act or signature of, or notice from or to, any one or more of them with respect to this Lease shall be binding upon each and all of the persons and entities executing this Lease as Tenant or Landlord with the same force and effect as if each and all of them had so acted or signed, or given or received such notice. 31.3 No Option. The submission of this Lease for examination or execution by Tenant does not constitute a reservation of or option for the Premises and this Lease shall not become effective as a Lease until it has been executed by Landlord and Tenant. 32. Roof Mounted Telecommunications Equipment. At any time during the Lease Term, subject to the terms, covenants and conditions of this Section 32 and subject to the approval of Landlord, as provided below, and all applicable governmental entities and compliance with all governmental laws, rules, regulations, codes and covenants affecting title, Tenant use and at license or similar fee or charge, telecommunications and satellite equipment to service the business conducted by Tenant from within the Premises (all such equipment is defined collec Telecommunications Equipment upon the roof of the Building. Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord, which approval shall not be unreasonably withheld. Such plans shall include the physical appearance, size, height and location of the Telecommunications Equipment, and sufficient detail to determine that the physical load and means of attachment do not in any way threaten the integrity of the roof structure or membrane and that such equipment can be removed without material damage and that any non-material damage can be easily repaired. If required by Landlord, such plans will include a report by a structural engineer reasonably approved by Landlord to ensure that the load, means of attachment and location of such Telecommunications Equipment is not problematic. In the event Tenant elects to exercise its right to install the Telecommunication Equipment, then Tenant shall give Landlord prior notice thereof along with a copy of such plans and specifications. Such approval may be conditioned upon Tenant installing screening around such reimburse to Landlord the actual costs reasonably incurred by Landlord in approving remove its Telecommunications Equipment upon the expiration or earlier termination of this Lease and shall repair any damage to the Building caused by such removal and return the affected portion of the Premises to its condition prior to the installation of the Telecommunications Equipment. The rights contained in this Section 31 shall be personal to the original Tenant and may only be exercised by the original Tenant (and City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 26 542841v1 in this Lease) if the original Tenant occupies at least fifty percent (50%) of the Building. 33. -Time Right and Option to Purchase. 33.1 Notice. Landlord hereby grants to Tenant the one-time right and option to purchase the Premises (including the Property and the Building and all facilities, whether above or below ground, located on the Property) on the terms set forth herein Purchase Option Notice 241st and 252nd full months of the Lease Term Purchase Option The purchase price for the Premises (including the Property and the Building and all such facilities) shall equal $1.00 Purchase Price Notwithstanding anything to the contrary contained in this Section 33, of the Purchase Option shall be effective only if all of the conditions precedent set forth hereinbelow are true and correct during the period commencing upon the date Tenant delivers the Purchase Option Notice and continuing until the Closing Date (as that term is defined below), unless Landlord, in sole discretion, elects to waive any such condition precedent in writing: (a) Tenant shall not then be in default (after expiration of any applicable notice and cure period) under the Lease; and (b) Tenant shall not have assigned its interest in the Lease or in the Purchase Option. 33.2 Due Diligence. (a) Due Diligence. Tenant and agents, employees, and representatives delivering the Purchase Option Notice perform all Due Diligence on the Premises (subject to the terms and conditions set forth herein), which shall include reviewing matters of title, inspecting the physical conditions of the Premises, obtaining an acceptable appraisal of the Premises, receiving an acceptable Phase 1 Environmental Assessment Report, obtaining a termite report, performing inspections, reviewing all federal tax credit documents pertaining to the Premises, reviewing agreements relating to the Premises and of and the condition of the Premises. (b) Due Diligence Materials. If Landlord has not previously delivered the same to Tenant, then provide (electronically or otherwise) all non-proprietary or privileged due diligence materials relating to the Premises which are in its possession and control, including but not limited to such reports, inspections, appraisals, agreements and other documentation as described in Section 33.2(a) ce Materials and any other such items shall be delivered to Tenant without representation or warranty by Landlord with respect to the contents, accuracy or completeness thereof, and shall be subject to any rights of third parties as to their use, reliance thereon or disclosure. (c) Title Matters and Review. Preliminary Title Report request for same. Except for any permitted encumbrances at the execution date and other than any mortgage or deed of trust or similar debt instrument provided the same is released and reconveyed as of the close of escrow in connection with the Purchase Option pursuant to Section 24 hereinabove, if Tenant notifies Landlord in writing of any disclosed title matters in the Preliminary Title Report which are unacceptable to Tenant, then Landlord shall have ten (10) business City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 27 542841v1 days from receipt of such objection notice in which to (i) cure and/or remove from any such disclosed title matters, which have been caused or permitted by Landlord, including Landlord, at its sole cost, curing, and/or removing from title to the Premises any lien (other than non- delinquent taxes and assessments, a mortgage, deed of trust or other debt instrument the removal of which is addressed in Section 24 hereinabove) and (ii) as to any other disclosed title matters which were not caused or permitted by Landlord, inform Tenant in writing whether or not Landlord will agree to (and as to such items that Landlord so agrees, Landlord agrees to) cure and/or remove cost, any other title matters to which Tenant has objected prior to the close of escrow in connection with the Purchase Option failure to timely so notify Tenant shall be deemed title objections under this subsection (ii)). The foregoing title review, objection, Option Notice; provided, however, obligations under this Section 33.2(c) shall apply until the close of escrow. (d) Notwithstanding anything to the contrary in this Section 33.2, Tenant shall not perform any soil borings or other invasive testing to the land or any improvements approval which approval shall not be unreasonably withheld, conditioned or delayed. Landlord or its representative may be present to observe any testing or other inspection performed on the Property. right to enter upon the Premises or allow any of Agents to enter upon the Premises to perform the due diligence investigations contemplated in this Section 33, shall be commercial general liability insurance and any of its activities or those of its representatives, agents or contractors. If the same is not already in effect pursuant to this Lease, then at least two (2) business days before commencing such due diligence investigations on the Premises, Tenant shall deliver to Landlord a certificate of insurance evidencing insurance coverage in compliance with the terms of this subsection. Tenant shall maintain and keep in escrow, a general commercial liability insurance policy and other insurance Tenant is required to carry under Section 19 herein. 33.3 Actions of Parties. Purchase Option Notice, the parties shall proceed to open an escrow for the purchase and sale of the Escrow Escrow Holder a fully executed copy of a definitive Purchase and Sale Agreement and Joint Escrow Purchase Agreement Agreement to Escrow Holder, Tenant shall deliver to Escrow Holder, in cash, the balance of the Purchase Price (as defined below). The Purchase Agreement shall incorporate the terms and provisions set forth in this Section 33. Option to Purchase, as applicable, and any other provisions reasonably approved by the parties. 33.4 Close of Escrow. The close of Escrow shall occur receipt of the Purchase Option Notice but in no event earlier than the first business day following the expiration of the 252nd full month of the Lease Term Close of Escrow Date 33.5 Purchase Option Notice, there shall be no contingencies or conditions precedent to on or before the Closing Date of a duly executed and acknowledged grant deed conveying fee title to the Premises to Tenant and (ii) the agreement by a title company reasonably acceptable to Landlord and Tenant to deliver to Tenant, on the Closing Date, the Title Policy described below. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 28 542841v1 33.6 Title. Policy of Title Insurance issued by a title company reasonably acceptable to Landlord Title Policy of the Purchase Price showing fee title to the Premises vested in Tenant. Title to the Premises shall be subject to all matters of record, matters apparent by an inspection or survey, and any other matters created or approved by, or consented to by Tenant. Notwithstanding the foregoing, title to the Premises shall be free and clear of any monetary encumbrances (other than liens for property taxes sole cost and expense prior to the close of Escrow. 33.7 Costs and Prorations. Closing, title, and escrow costs shall be paid as follows: (a) The cost of the Preliminary Title Reports and any other required title work shall be paid by Tenant. (b) The premium for the cost of the Title Policy shall be paid by Landlord. Tenant will pay for the cost of extended coverage (if required by Tenant) and the cost of any title endorsements. (c) Recording fees and transfer taxes, shall be paid by Landlord. Escrow document preparation fees shall be paid by Tenant, 50% and by Landlord, 50%. (d) Escrow fees and any and all other costs necessary to achieve a successful closing of Escrow shall be paid by Tenant, 50% and by Landlord, 50%. (e) Each Party shall bear its own legal and accounting fees and costs. (f) Prorations to the Date of Closing shall include: all current taxes and assessments including ad valorem taxes, charges for solid waste removal and sewage, utilities, assessments for maintenance, Rent paid under the Lease, and other charges attributable to the Property. The basis for proration of taxes shall be the last known actual taxes and assessments payable unless the current year tax amounts are known and shall be based on the assessed value as shown on the time of settlement. Landlord and Tenant agree to adjust the tax proration post-Closing once the final tax bill for the tax year of Closing has been received. This Section shall survive the expiration of the Lease and the Closing. Prorations shall be calculated based on a thirty (30) day month and three hundred sixty (360) day year. 33.8 Representations. Tenant acknowledges that the Purchase Option has been granted by Landlord to Tenant based on the understanding that exercise of the Purchase Option is entirely voluntary by Tenant, and that the conveyance of the representations or warranties, express or implied, regarding the Premises. 33.9 Deliveries to Tenant Upon Close of Escrow. Landlord shall deliver to Tenant upon the Close of Escrow, originals or copies of all drawings, plans, licenses, permits and other documents pertaining to the Premises. 34. Recordation of Memorandum of Lease. Tenant and Landlord agree to execute a Memorandum of this Lease in the form of thereto, which is attached hereto and incorporated herein by this reference, no later than 45 days following the Effective Date. City Manager, or his/her designee, shall be authorized to execute the Memorandum of this Lease for Tenant. Tenant shall be authorized to record the executed Memorandum of this Lease in the Office of the Fresno County Recorder following such execution of the Memorandum of Lease. Tenant and Landlord shall cause their respective signatures on the Memorandum of this Lease to be notarized to of this Lease shall be payable by Tenant. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 29 542841v1 35. Work. Tenant will construct, the tenant improvements in the Building in accordance with plans and specifications to be agreed upon by Landlord and Tenant (Tenant Improvements which shall include but not limited to the programming list attached to this Lease as Exhibit H . Said Tenant Improvements shall be completed in accordance with the plans and specifications by Tenant. Landlord and Tenant will fully and reasonably cooperate with each other to cause the Tenant Improvements to be completed in accordance with the mutually approved construction schedule. Landlord shall provide a PDF of stamped and signed as-built drawings of the building for use by the Tenant and Professional Consultants/Contractors hired by Tenant to prepare the Tenant Improvement plans. Prior to commencing Tenant Improvements, Tenant shall provide to Landlord all Plans of Improvement days of receipt. Landlord agrees to keep all plans, emails, communications, writings, etc., relating to Tenant Improvements Confidential. Landlord agrees that the Tenant Improvements will not be published or shared without the prior written approval of both the City of Fre the confidentiality is to safeguard all parties occupying the Premises upon completion. Within thirty (30) days following the completion of the Tenant Improvements, Tenant will provide Landlord with copies of the following: 1) a s on account have approved (and, in connection therewith, Tenant shall provide to Landlord a list of all subcontractors and materialmen utilized by Tenant or its contractor in connection with [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 30 542841v1 IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. TENANT CITY OF FRESNO, A California municipal corporation By: Georgeanne A. White City Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Kelsey A. Seib Date Deputy City Attorney ATTEST: TODD STERMER, MMC City Clerk By: Date Deputy LANDLORD RIVER PARK PROPERTIES III, a California limited partnership By: Lance-Kashian & Company, a California corporation, general partner By: Name: Edward M. Kashian Title: Chief Executive Officer (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 542841v1 LEGAL DESCRIPTION OF PREMISES The land referred to is situated in the County of Fresno, City of Fresno, State of California, and is described as follows: The Northwesterly half of Lot 26 and all of Lots 27 to 32, inclusive, in Block 116 of the Town of Fresno, according to the Map thereof filed for record in Book 1, Page 2 of Plats, Fresno County Records. APN: 466-122-09, (formerly 466-122-03) City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 542841v1 RENT SCHEDULE RENTABLE SF Years Rate SF Months Annual 1 0.00 50,545 12 $0.00 2 1.76 50,545 12 $1,067,510.40 3 1.76 50,545 12 $1,067,510.40 4 1.76 50,545 12 $1,067,510.40 5 1.76 50,545 12 $1,067,510.40 6 1.76 50,545 12 $1,067,510.40 7 1.94 50,545 12 $1,176,687.60 8 1.94 50,545 12 $1,176,687.60 9 1.94 50,545 12 $1,176,687.60 10 1.94 50,545 12 $1,176,687.60 11 1.94 50,545 12 $1,176,687.60 12 2.13 50,545 12 $1,291,930.20 13 2.13 50,545 12 $1,291,930.20 14 2.13 50,545 12 $1,291,930.20 15 2.13 50,545 12 $1,291,930.20 16 2.13 50,545 12 $1,291,930.20 17 2.34 50,545 12 $1,419,303.60 18 2.34 50,545 12 $1,419,303.60 19 2.34 50,545 12 $1,419,303.60 20 2.34 50,545 12 $1,419,303.60 21 2.34 50,545 12 $1,419,303.60 PARKING SF Years Rate SF Months Annual 1 0.00 15,145 12 $0.00 2 1.20 15,145 12 $218,088.00 3 1.20 15,145 12 $218,088.00 4 1.20 15,145 12 $218,088.00 5 1.20 15,145 12 $218,088.00 6 1.20 15,145 12 $218,088.00 7 1.32 15,145 12 $239,896.80 8 1.32 15,145 12 $239,896.80 9 1.32 15,145 12 $239,896.80 10 1.32 15,145 12 $239,896.80 11 1.32 15,145 12 $239,896.80 12 1.45 15,145 12 $263,523.00 13 1.45 15,145 12 $263,523.00 14 1.45 15,145 12 $263,523.00 15 1.45 15,145 12 $263,523.00 16 1.45 15,145 12 $263,523.00 17 1.60 15,145 12 $290,784.00 18 1.60 15,145 12 $290,784.00 19 1.60 15,145 12 $290,784.00 20 1.60 15,145 12 $290,784.00 21 1.60 15,145 12 $290,784.00 City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 542841v1 TOTAL ANNUAL RENT Years Monthly Annual 1 $0.00 $0.00 2 $107,133.20 $1,285,598.40 3 $107,133.20 $1,285,598.40 4 $107,133.20 $1,285,598.40 5 $107,133.20 $1,285,598.40 6 $107,133.20 $1,285,598.40 7 $118,048.70 $1,416,584.40 8 $118,048.70 $1,416,584.40 9 $118,048.70 $1,416,584.40 10 $118,048.70 $1,416,584.40 11 $118,048.70 $1,416,584.40 12 $129,621.10 $1,555,453.20 13 $129,621.10 $1,555,453.20 14 $129,621.10 $1,555,453.20 15 $129,621.10 $1,555,453.20 16 $129,621.10 $1,555,453.20 17 $142,507.30 $1,710,087.60 18 $142,507.30 $1,710,087.60 19 $142,507.30 $1,710,087.60 20 $142,507.30 $1,710,087.60 21 $142,507.30 $1,710,087.60 Total $29,838,618.00 City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 542841v1 NOTICE OF LEASE TERM DATES To: City of Fresno Date: To Be Determined Re: Lease dated , 2025, between River Park Properties II, a California limited partnership (Landlord), and City of Fresno (Tenant), concerning 2314 Mariposa Street, Fresno, California (Premises). In accordance with the subject Lease, we wish to advise and/or confirm as follows: 1. That on the date of , 2025 (Commencement Date), the Tenant has taken possession of the Premises under the provisions of the subject Lease and the Premises have been accepted herewith by the Tenant containing 63,035 total rentable 100%. 2. That under the provisions of the subject Lease, the Lease Expiration Date is , 202__, subject to Section 33 of the Lease (Option to Purchase). 3. That in accordance with the subject Lease, Rent commenced to accrue on __________, 202__. 4. If the Commencement Date of the subject Lease is other than the first day of the month, the first billing will contain a pro rata adjustment for Rent. Each billing thereafter shall be for the full amount of the Rent as provided for in said Lease. Rent is due and payable in accordance with the subject Lease. All Rent checks should be payable to: River Park Properties III 255 E. River Park Circle, Suite 120 Fresno, CA 93711 AGREED AND ACCEPTED: LANDLORD: TENANT: RIVER PARK PROPERTIES III, CITY OF FRESNO a California limited partnership By: By: _________________________ Name: Title: Title: _________________________ Address: 255 E River Park Circle, Suite 120 Address: Fresno, CA 93711 Phone: (559) 438-4800 Phone: Date of execution: Date of execution: SAMPLE ONLY [NOT FOR EXECUTION] City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5LL redline 7-31-25 542841v1 ENVIRONMENTAL REPORTS Phase I Environmental Site Assessment prepared by Technicon Engineering Services, dated October 16, 2016. Phase I Environmental Site Assessment prepared by Partner Engineering and Science, Inc., dated August 24, 2011. Asbestos and Lead Survey Report by Leon Environmental, dated August 5, 2016. Asbestos Survey Report by Krazan & Associates, Inc., dated April 2, 2014. Final Asbestos Air Clearance Report by Bovee Environmental Management, dated May 22, 2017. Notice of Completion of work completed per asbestos survey by Leon Environmental Services, dated May 10, 2018. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 1 542841v1 SAMPLE FORM OF TENANT ESTOPPEL CERTIFICATE The undersigned Tenant hereby certifies to _______________________ Landlord and _________________________, as follows: 1. Attached hereto is a true, correct and complete copy of that certain Lease dated demises Premises which are located at __________________________. The Lease is now in full force and effect and has not been amended, modified or supplemented, except as set forth in Section 6 below. 2. The term of the Lease commenced on . 3. The term of the Lease is currently scheduled to expire on . 4. Tenant has no option to renew or extend the Term of the Lease except: . 5. Tenant has an option to purchase the Premises. 6. The Lease has: (Initial One) ( ) not been amended, modified, supplemented, extended, renewed or assigned. ( ) been amended, modified, supplemented, extended, renewed or assigned by the following described agreements, copies of which are attached hereto: . 7. Tenant has accepted and is now in possession of the Premises and has not sublet, assigned or encumbered the Lease, the Premises or any portion thereof except as follows: . 8. The current Monthly Rent is $ . 9. The amount of Security Deposit (if any) is $ . No other security deposits have been made. 10. All rental payments payable by Tenant have been paid in full as of the date hereof. No rent under the Lease has been paid for more than thirty (30) days in advance of its due date. 11. All work required to be performed by Landlord under the Lease has been completed and has been accepted by Tenant, and all tenant improvement allowances have been paid in full. 12. on the part of Landlord or Tenant under the Lease. 13. Tenant has no defense as to its obligations under the Lease and claims no set- off or counterclaim against Landlord. 14. Tenant has no right to any concession (rental or otherwise) or similar compensation in connection with renting the space it occupies, except as expressly provided in the Lease. 15. All insurance required of Tenant under the Lease has been provided by Tenant and all premiums have been paid. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 2 542841v1 16. There has not been filed by or against Tenant a petition in bankruptcy, voluntary or otherwise, any assignment for the benefit of creditors, any petition seeking reorganization or arrangement under the bankruptcy laws of the United States or any state thereof, or any other action brought pursuant to such bankruptcy laws with respect to Tenant. 17. Tenant pays rent due Landlord under the Lease to Landlord and does not have any knowledge of any other person who has any right to such rents by collateral assignment or otherwise. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 3 542841v1 The foregoing certification is made with the knowledge that is about to [fund a loan to Landlord or purchase the Premises from Landlord], and that i s relying upon the representations herein made in [funding such loan or purchasing the Premises]. Dated: , . By: By: SAMPLE ONLY (NOT FOR EXECUTION) City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LLredline 7-31-25 3 542841v1 City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 1 542841v1 MEMORANDUM OF LEASE as of , 2025, by and between RIVER PARK PROPERTIES III, a California limited partnership ITY OF FRESNO, a California municipal corporation 1. This Memorandum is executed in connection with that certain Single- Tenant Lease (Triple Net) dated , 2025 Tenant. 2. The real property which is the subject of this Memorandum and of the Lease is described on 3. Landlord hereby leases to Tenant a total of approximately 63,035 rentable square feet Real Property, and Tenant hereby leases said premises from Landlord, for the rent and on the terms and conditions set forth in the Lease. 4. The term of the Lease is twenty-one (21) years following the Lease Commencement Date (as defined in the Lease). 5. The Lease grants to Tenant a one-time Option to Purchase the Real Property and Building at the 252nd month of the Lease term. 6. The terms and conditions of the Lease are incorporated herein by reference. This Memorandum is prepared for the purpose of recordation and in no way modifies the terms and conditions of the Lease. If there is any inconsistency between the terms and conditions of this Memorandum and the terms and conditions of the Lease, the terms and conditions of the Lease shall control. IN WITNESS WHEREOF, the parties executed this Memorandum on the date first above written. RIVER PARK PROPERTIES III, a California limited partnership By: Lance-Kashian & Company, a California corporation, general partner By: Name: Edward M. Kashian Title: Chief Executive Officer CITY OF FRESNO, a California municipal corporation By: Name: Title: City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 2 542841v1 [Signatures must be acknowledged by a notary- Notary acknowledgements on the following page] City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 3 542841v1 STATE OF ) )ss. COUNTY OF ) On , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [seal] STATE OF ) )ss. COUNTY OF ) On , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the documents, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the documents, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 4 542841v1 Signature [seal] City of Fresno PD0ac2de49-83b1-4e31-8870-A0bbd29e1fc5 LL redline 7-31-25 542841v1 TENANT IMPROVEMENT PROGRAMMING The below represents a draft of the potential tenant improvement programing for the Premises. The programming may include but is not limited to the following items: 1. Public Areas Public Lobby / Reception Public Restrooms Records Counter / Report Writing Area Waiting Area Public Interview Rooms 2. Administrative and Staff Areas Deputy Chief / Command Staff Offices Administrative Support Offices Conference Rooms Break Rooms Restrooms / Showers / Locker Rooms Wellness Room / Quiet Rooms Training Rooms Copy / Mail / Supply Rooms 3. Patrol Operations Shared Workstations Evidence Drop / Temporary Lockers 4. Investigations Cubicles Interview Rooms Case File Storage 5. Evidence and Property Evidence Intake Rooms Secure Evidence Storage Drug Storage Vault Firearms Storage Property Rooms Evidence Processing / Lab Area 6. Detention and Processing Sally Port Booking Area Holding Cells Interview / Interrogation Rooms Fingerprinting & Mugshot Station Prisoner Search / Processing Detainee Restrooms Secure Detainee Corridor / Circulation 7. Specialized Units Special Investigations Unit Offices 8. IT and Equipment Support IT Server Rooms / MDF / IDF AV Equipment Rooms Tech Workshop / Maintenance Rooms 9. Building Support & Utilities Mechanical / Electrical / HVAC Rooms General Storage Loading Dock / Receiving Records Archive / Long-Term Storage Emergency Generator Room (external or secure enclosure) Roof Mounted Equipment Telecommunication / Radio Equipment File #:ID 25-1071 Agenda Date:8/14/2025 Agenda #: 2.-H. would begin in Fall 2025 and would end in March 2029. The City has requested $500,000 to provide underserved youth with access to Camp Fresno. This item has been reviewed by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Based upon the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this item does not qualify as a “project”. LOCAL PREFERENCE Local preference is not applicable as this resolution does not include a bid, or an award of a construction or services contract. FISCAL IMPACT This resolution will have no immediate impact on the General Fund. The YCA grant requires a $100,000 match. Match will be achieved using in-kind labor and funding which is already appropriated in the City of Fresno’s FY2026 adopted budget. Following the execution of the grant agreement, staff will bring an AAR before Council to appropriate the grant funds into the budget. Attachment: Resolution City of Fresno Printed on 8/19/2025Page 2 of 2 powered by Legistar™ 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ 538088v1 Resolution No. RESOLUTION NO. ____________ RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR THEIR DESIGNEE TO ACCEPT $500,000 IN TOTAL GRANT FUNDS AND APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH COMMUNITY ACCESS (YCA) PROGRAM WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission of said application(s) to the State; and WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the project. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Fresno 1.Approves the filing of an application for the Camp Fresno for All project; and 2.Certifies that Applicant understands the assurances and certification in the application package; and 3.Certifies that Applicant or title holder will have sufficient funds to operate and maintain the project consistent with the grant guidelines requirements or will secure the resources to do so; and 2 of 3 538088v1 4. Certifies that it will comply with the provisions of Section 1771.5 of the California Labor Code; and 5. If applicable, certifies that the project will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, and disabled access laws, and that prior to commencement of construction all applicable licenses and permits will have been obtained; and 6. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). 3 of 3 538088v1 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2025. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2025 Mayor Approval/No Return: , 2025 Mayor Veto: , 2025 Council Override Vote: , 2025 TODD STERMER, MMC City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Jennifer M. Wharton Date Deputy City Attorney File #:ID 25-881 Agenda Date:8/14/2025 Agenda #:2.-I. regulations. The projects include, but are not limited to, site development projects, infrastructure improvements, demolitions, street vacations, hotel/motel acquisitions, affordable housing developments, and home rehabilitations. To stay in compliance with federal regulations and support the continued development projects in the community, staff released a Request for Proposals (RFP) seeking Professional Consultant Services for NEPA Assessment and Compliance Documents on May 9, 2025. Responses to the RFP were received from the following consultants: ·Dudek ·E2 Consulting Engineers ·Impact Sciences ·Oneida Environmental ·Raney Planning & Management, Inc. ·Soar Environmental Consulting ·SWCA Environmental Consultants ·UltraSystems Environmental, Inc. A committee consisting of staff with relevant environmental experience reviewed and scored the proposals based on the criteria included in the RFP. SWCA received the highest average score overall as its response demonstrated a clear understanding of NEPA policies and regulations; familiarity with federal, state, and local rules and agencies; and directly aligned with the request. Staff conducted an interview with SWCA to discuss the proposal and negotiate the fee schedule for the duration of the contract. Based on SWCA receiving the highest score by the evaluation committee and its competitive price, staff found its proposal to be the most advantageous for the City. Staff recommends awarding the Consultant Services Agreement to SWCA, for an amount not to exceed $500,000, with payment based solely on actual work performed. The term of the agreement extends through June 30, 2030. This agreement will ensure compliance with all federal environmental regulations, prevent delays in project execution, and safeguard the City’s eligibility for and continued access to federal funds. ENVIRONMENTAL FINDINGS The award of a Consultant Services Agreement for environmental review services is not a Project for the purposes of the California Environmental Quality Act (CEQA). Additionally, the environmental consultant services agreement is an exempt activity under Federal Regulations, 24 CFR Part 58.34: Environmental and Other Studies. LOCAL PREFERENCE Local preference was not implemented based on the conditions of federal funding. FISCAL IMPACT There is no impact on the City’s General Fund as a result of this action. The agreement will be City of Fresno Printed on 8/19/2025Page 2 of 3 powered by Legistar™ File #:ID 25-881 Agenda Date:8/14/2025 Agenda #:2.-I. funded through federal entitlement funds. ATTACHMENTS Environmental Consultant Services Agreement - SWCA, Inc. City of Fresno Printed on 8/19/2025Page 3 of 3 powered by Legistar™ File #:ID 25-1003 Agenda Date:8/14/2025 Agenda #:2.-J. On December 29, 2023, HCD released the Notice of Funding Availability (NOFA) for the 2024 PLHA Program Local Government Formula Component, funded by Senate Bill 2 (SB 2), which imposes a real estate document recording fee to support affordable housing programs. The NOFA was thereafter amended on October 15, 2024, January 15, 2025, and May 12, 2025. Since 2019, the City of Fresno has received four PLHA allocations totaling $17,454,985, with a five- year cap of approximately $20,445,618. This fifth allocation of $2,239,084 completes the City’s five- year entitlement. Yearly PLHA allocations received: • 2019: $3,407,603 • 2020: $5,296,470 • 2021: $5,828,601 • 2022: $2,921,311 • 2023 (current): $2,239,084 On August 20, 2020, City Council approved the City’s PLHA 5-Year Plan focusing on affordable housing development, home rehabilitation, and down payment assistance for low- and moderate- income households. On April 21, 2022, the Plan was amended to increase the income eligibility limit to 80% AMI to address rising construction costs. These changes do not alter the Plan’s core goals. To access the 2023 allocation, the City must submit a streamlined application to HCD. Staff seeks Council authority to submit this application and accept the funding. ENVIRONMENTAL FINDINGS This resolution is not considered a project under the California Environmental Quality Act (CEQA) and therefore is exempt from environmental review. LOCAL PREFERENCE Local preference is not applicable since this resolution supports a State funding application. FISCAL IMPACT This action will not impact the City’s General Fund. Approval allows the City to receive $2,239,084 in PLHA grant funds for CY 2023, completing the City’s five-year PLHA funding cycle. Attachment: Resolution - 2024 PLHA NOFA City of Fresno Printed on 8/19/2025Page 2 of 2 powered by Legistar™ File #:ID 25-1058 Agenda Date:8/14/2025 Agenda #: 2.-K. EXECUTIVE SUMMARY The City of Fresno has filed Annexation Application No. P25-00756 pertaining to approximately 2.00 acres of the East Belmont and North Minnewawa Avenues right-of-way between North Dewitt and North Bush Avenues (Exhibit C). Annexation Application No. P25-00756 proposes to initiate annexation proceedings for the Belmont- Minnewawa Avenues Reorganization proposing incorporation of right-of-way within the City of Fresno, and detachment from the Kings River Conservation District and Fresno County Fire Protection District. BACKGROUND The subject area is located in the County of Fresno, but within the City of Fresno’s Sphere of Influence (SOI). The SOI is a boundary for land that is expected to be annexed by the City as development is proposed, but until then remains under the jurisdiction of the County of Fresno. The proposed annexation will take in effect once the annexation is approved and recorded by the Fresno Local Agency Formation Commission (LAFCo). The area proposed for annexation only includes public street right-of-way. The land surrounding the subject area in all directions consists of single-family and multi-family residential properties. The proposed annexation of the public street right-of-way is intended to support the City of Fresno’s efforts to improve and maintain public street infrastructure. City-County Memorandum of Understanding (MOU) Pursuant to Section 8.5 of the Memorandum of Understanding (MOU) between the County of Fresno and the City of Fresno, adopted on December 13, 2024, the subject area was identified for the City to annex, accept, and/or otherwise acquire title of the subject area within 12 months of the MOU’s execution (December 13, 2025). Should the City not annex, accept, and/or otherwise acquire title to the subject County rights-of-way within 12 months of the execution of the MOU, the MOU provides that the tax apportionment ratio for real property lying within the Southeast Development Area (SEDA) shall be an even 50% - 50% split between County and City, rather than the County 49% and City 51% split identified in Section 3.2 of the MOU. Pre-zone LAFCo policy mandates that all properties within an annexation area be pre-zoned, unless satisfactory evidence is presented demonstrating that the current use aligns with the City of Fresno General Plan and the relevant community plan prior to annexation. In accordance with Fresno Municipal Code Sections 15-108.A and 15-203, because the proposed annexation pertains solely to the annexation of public street right-of-way, the Director has determined that the annexation area is not subject to pre-zoning requirements. Planning staff has confirmed with Fresno LAFCO that it does not require a pre-zone in the case of public rights-of-way. City of Fresno Printed on 8/19/2025Page 2 of 3 powered by Legistar™ File #:ID 25-1058 Agenda Date:8/14/2025 Agenda #: 2.-K. ENVIRONMENTAL FINDINGS The California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption from CEQA was made pursuant to CEQA Guidelines Section 15061(b)(3) as a Common Sense Exemption was made and Environmental Assessment No. P25-00756 was completed for this project (Exhibit E). FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the application, staff concludes that the required findings contained within FMC Section 15-6104 can be made. These findings are attached as Exhibit D. LOCAL PREFERENCE Local preference was not considered because this project does not include a bid or award of a construction or service contract. FISCAL IMPACT Failure to take this action by December 13, 2025 will result in a tax apportionment ratio for real property lying within the SEDA of 50% - 50% split between County and City, rather than the County 49% and City 51% split identified in Section 3.2 of the MOU. Attachments: Exhibit A - Aerial Map Exhibit B - Vicinity Map Exhibit C - Proposed Annexation Boundary Exhibit Exhibit D - Fresno Municipal Code Findings Exhibit E - Environmental Assessment No. P25-00756 Exhibit F - City Council Resolution for Annexation Application No. P25-00756 City of Fresno Printed on 8/19/2025Page 3 of 3 powered by Legistar™ FRESNO MUNICIPAL CODE FINDINGS ANNEXATION CRITERIA Section 15-6104 of the Fresno Municipal Code (FMC) provides that annexation shall not be approved unless the proposed annexation meets all of the following criteria : Findings Criteria per Fresno Municipal Code Section 15-6104 A. Concept Plan. If land proposed for annexation is required to create a Concept Plan per Section 15-6102, the Concept Plan must be created and adopted prior to annexation; and, Finding A: The proposed project does not include any application for development. Subject to FMC Section 15-6102(B)(2)(a) (Exceptions), “With the exception of the proposed project, there is no more undeveloped land within the Concept Plan Area with a residential land use designation.” The proposed project includes the entirety of the annexation area and no development is proposed because the entirety of the annexation area is made up of a public right of way thus a Concept Plan is not required for Annexation Application No. P25-00756. B. Plan Consistency. The proposed annexation and parcel configuration is consistent with the General Plan, the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5, Concept Plan, and any applicable operative plan; and Finding B: The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form: Goal 13: Emphasize the City as a role model for good growth management planning, efficient processing and permit streamlining, effective urban development policies, environmental quality, and a strong economy. Work collaboratively with other jurisdictions and institutions to further these values throughout the region. Objective LU-1: Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with Goal 13 of the Fresno General Plan (see above). Policy PU-3-h calls for developing annexation strategies to include the appropriate rights-of-way and easements necessary to provide cost effective emergency services. The subject area is located within the area of influence under the Fresno County Airport Land Use Compatibility Plan (ALUCP). The project is in Traffic Pattern Zone 6. Zone 6 requires review for structures over 100 feet tall. The project does not propose any construction of buildings , because the annexation area only includes a public right of way which is already developed. Therefore, the proposed project is compatible and in compliance with the Fresno County ALUCP. The subject area proposed for annexation only includes public street right-of-way. The land surrounding the subject area in all directions are single-family residential and multi-family properties. The proposed annexation of the public street right-of-way is intended to support the City of Fresno’s efforts to improve and maintain public street infrastructure. Pursuant to Section 8.5 of the Memorandum of Understanding (MOU) between the County of Fresno and the City of Fresno, adopted on December 13, 2024, the subject area was identified for the City to annex, accept, and/or otherwise acquire title of the subject area within 12 months of the MOU’s execution (December 13, 2025). Therefore, it is staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. C. Revenue Neutrality. 1. Public Services, Facilities, and Utilities. Adequate public services, facilities, and utilities meeting City standards are available to the lands proposed for annexation or will be provided within a specific period of time, with financial guarantees and performance requirements, to ensure this will occur. 2. Fair and Proportional Payments. Projects requiring annexation will not negatively impact City finances. a. No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project. b. The development project will fully fund public facilities and infrastructure as necessary to mitigate any impacts arising from the new development. c. The development project will pay for public facilities and infrastructure improvements in proportion to the development’s neighborhood and citywide impacts. d. The development will fund its proportionate share of public facility infrastructure, maintenance and public service costs according to the City Council approved Development Impact Fee Schedule and through a uniform application of community facilities district fees. Finding C: Annexation Application No. P25-00756 proposes the annexation of existing street right-of-way with no development proposed, thus no connections to City utilities are required. Additionally, because the annexation area is an existing right of way (1) No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project; and (2) No future private development of the annexation area is proposed or likely. D. Disadvantaged Unincorporated Communities. The City will partner with the community, if there is wide support for annexation, to coordinate terms to initiate and support the annexation process; and, Finding D: The proposed project is not located within a Disadvantaged Unincorporated Community, as shown in Figure LU-3: Disadvantaged Unincorporated Communities of the Fresno General Plan. E. LAFCO Approval. The annexation shall be approved by the Local Agency Formation Commission (LAFCO) of Fresno. Finding E: The proposed Annexation Application No. P25-00756 has been filed to facilitate annexation of approximately 2.00 acres of land within the subject boundary to the City of Fresno as well as detachment from the Kings River Conservation District and the Fresno County Fire Protection District. This action comprises the proposed Belmont- Minnewawa Avenues Reorganization and ultimately fall under the jurisdiction of the Fresno Local Area Formation Commission (LAFCO). An affirmative action by the Fresno City Council regarding Annexation Application No. P25-00756 will authorize the filing of an application with LAFCO to initiate proceedings for the consideration of the proposed Belmont-Minnewawa Avenues Reorganization. 1 | P a g e 522402v1 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. P25-00756 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 5 OF THE STATE CEQA GUIDELINES. APPLICANT: City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: East Belmont and North Minnewawa Avenues right-of-way between North Dewitt and North Bush Avenues PROJECT DESCRIPTION: The City of Fresno has filed Annexation Application No. P25 -00756 pertaining to approximately 2.00 acres of East Belmont and North Minnewaw Avenues right-of-way between North Dewitt and North Bush Avenues. Annexation Application No. P25 -00756 proposes to initiate annexation proceedings for the Belmont-Minnewawa Avenues Reorganization proposing incorporation of right -of-way within the City of Fresno, and detachment from the Kings River Conservation District a nd Fresno County Fire Protection District. This project is exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines as follows: Staff has determined that the proposed Annexation is exempt from CEQA pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) under the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed annexation involves the annexation of approximately 2.00 total acres of existing public street right-of-way with no proposed development or alteration. There will be no physical change to the environment as a result of the approval of the annexation as it only involves annexation of existing public street right-of-way with no proposed development or alteration Conclusion: Annexation No. P25-00756 is exempt from CEQA pursuant to the common sense exemption set forth in Section 15061(b)(3) of the CEQA Guidelines because the project involves the annexation of approximately 2.00 total acres of existing public street right -of-way with no proposed development or alteration. 2 | P a g e 522402v1 Therefore, Annexation No. P25-00756 is exempt from CEQA pursuant to the common sense exemption set forth in Section 15061(b)(3) of the CEQA Guidelines. Date: August 14 2025 Submitted by: Juan Lara Planner III City of Fresno Planning and Development Department (559) 621-8039 File #:ID 25-1060 Agenda Date:8/14/2025 Agenda #: 2.-L. The City of Fresno has filed Annexation Application No. P25-00757 pertaining to approximately 0.84 acres of the East Clinton Avenue right-of-way between North Millbrook Avenue and North Sixth Street (Exhibit C). Annexation Application No. P25-00757 proposes to initiate annexation proceedings for the Clinton- Millbrook Avenues Reorganization proposing incorporation of right-of-way within the City of Fresno, and detachment from the Kings River Conservation District and Fresno County Fire Protection District. BACKGROUND The subject area is located in the County of Fresno, but within the City of Fresno’s Sphere of Influence (SOI). The SOI is a boundary for land that is expected to be annexed by the City as development is proposed, but until then remains under the jurisdiction of the County of Fresno. The proposed annexation will take in effect once the annexation is approved and recorded by the Fresno Local Agency Formation Commission (LAFCo). The subject area proposed for annexation only includes public street right-of-way. The land surrounding the subject area in all directions consist of single-family residential properties. The proposed annexation of the public street right-of-way is intended to support the City of Fresno’s efforts to improve and maintain public street infrastructure. City-County Memorandum of Understanding (MOU) Pursuant to Section 8.5 of the Memorandum of Understanding (MOU) between the County of Fresno and the City of Fresno, adopted on December 13, 2024, the subject area was identified for the City to annex, accept, and/or otherwise acquire title of the subject area within 12 months of the MOU’s execution (December 13, 2025). Per the requirements of MOU Section 8.5(b), the area proposed for the City’s Mid Town Trail is included in this Annexation, which has been confirmed by both the County of Fresno and Fresno LAFCO. Please see attached Exhibit C. Should the City not annex, accept, and/or otherwise acquire title to the subject County rights-of-way within 12 months of the execution of the MOU, the tax apportionment ratio for real property lying within the SEDA shall be an even 50% - 50% split between County and City, rather than the County 49% and City 51% ratio identified in Section 3.2. Pre-zone LAFCo policy mandates that all properties within an annexation area be pre-zoned, unless satisfactory evidence is presented demonstrating that the current use aligns with the City of Fresno General Plan and the relevant community plan prior to annexation. In accordance with Fresno Municipal Code (FMC) Sections 15-108.A and 15-203, because the proposed annexation pertains solely to the annexation of public street right-of-way, the Director has determined that the annexation area is not subject to pre-zoning requirements. Planning staff has confirmed with Fresno LAFCO that it does not require a pre-zone in the case of public rights of way. City of Fresno Printed on 8/19/2025Page 2 of 3 powered by Legistar™ File #:ID 25-1060 Agenda Date:8/14/2025 Agenda #: 2.-L. ENVIRONMENTAL FINDINGS The California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption from CEQA was made pursuant to CEQA Guidelines Section 15061(b)(3) as a Common Sense Exemption was made and Environmental Assessment No. P25-00757 was completed for this project (Exhibit E). FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the application, staff concludes that the required findings contained within FMC Section 15-6104 can be made. These findings are attached as Exhibit D. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals, objectives and policies of the Fresno General Plan and the McLane Community Plan; compliance with the provisions of the FMC; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment and exhibits. Staff concludes that the required findings contained with FMC Section 15- 6104 can be made. Based upon this evaluation, it can be concluded that the proposed project is appropriate for the subject area. LOCAL PREFERENCE Local preference was not considered because this project does not include a bid or award of a construction or service contract. FISCAL IMPACT Failure to take this action by December 13, 2025 will result in a tax apportionment ratio for real property lying within the SEDA of 50% - 50% split between County and City, rather than the County 49% and City 51% split identified in Section 3.2 of the MOU. Attachments: Exhibit A - Aerial Map Exhibit B - Vicinity Map Exhibit C - Proposed Annexation Boundary Exhibit Exhibit D - Fresno Municipal Code Findings Exhibit E - Environmental Assessment No. P25-00757 Exhibit F - City Council Resolution for Annexation Application No. P25-00757 City of Fresno Printed on 8/19/2025Page 3 of 3 powered by Legistar™ 522393v1 FRESNO MUNICIPAL CODE FINDINGS ANNEXATION CRITERIA Section 15-6104 of the Fresno Municipal Code (FMC) provides that annexation shall not be approved unless the proposed annexation meets all of the following criteria : Findings Criteria per Fresno Municipal Code Section 15-6104 A. Concept Plan. If land proposed for annexation is required to create a Concept Plan per Section 15-6102, the Concept Plan must be created and adopted prior to annexation; and, Finding A: The proposed project does not include any application for development. Subject to FMC Section 15-6102(B)(2)(a), Exceptions, “With the exception of the proposed project, there is no more undeveloped land within the Concept Plan Area with a residential land use designation.” The proposed project includes the entirety of the annexation area and no development is proposed because the entirety of the annexation area is made up of a public right of way, thus a Concept Plan is not required for Annexation Application No. P25-00757. B. Plan Consistency. The proposed annexation and parcel configuration is consistent with the General Plan, the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5, Concept Plan, and any applicable operative plan; and Finding B: The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form: Goal 13: Emphasize the City as a role model for good growth management planning, efficient processing and permit streamlining, effective urban development policies, environmental quality, and a strong economy. Work collaboratively with other jurisdictions and institutions to further these values throughout the region. Objective LU-1: Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with Goal 13 of the Fresno General Plan (see above). Policy PU-3-h calls for developing annexation strategies to include the appropriate rights-of-way and easements necessary to provide cost effective emergency services. 522393v1 The subject area is located within the area of influence under the Fresno County Airport Land Use Compatibility Plan (ALUCP). The project is in Traffic Pattern Zone 6. Zone 6 requires review for structures over 100 feet tall. The project does not propose any construction of buildings , because the annexation area only includes a public right of way which is already developed. Therefore, the proposed project is compatible and in compliance with the Fresno County ALUCP. The subject area proposed for annexation only includes public street right-of-way. The land surrounding the subject area in all directions are single-family residential properties. The proposed annexation of the public street right-of-way is intended to support the City of Fresno’s efforts to improve and maintain public street infrastructure. Pursuant to Section 8.5 of the Memorandum of Understanding (MOU) between the County of Fresno and the City of Fresno, adopted on December 13, 2024, the subject area was identified for the City to annex, accept, and/or otherwise acquire title of the subject area within 12 months of the MOU’s execution (December 13, 2025). Therefore, it is staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. C. Revenue Neutrality. 1. Public Services, Facilities, and Utilities. Adequate public services, facilities, and utilities meeting City standards are available to the lands proposed for annexation or will be provided within a specific period of time, with financial guarantees and performance requirements, to ensure this will occur. 2. Fair and Proportional Payments. Projects requiring annexation will not negatively impact City finances. a. No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project. b. The development project will fully fund public facilities and infrastructure as necessary to mitigate any impacts arising from the new development. c. The development project will pay for public facilities and infrastructure improvements in proportion to the development’s neighborhood and citywide impacts. d. The development will fund its proportionate share of public facility infrastructure, maintenance and public service costs according to 522393v1 the City Council approved Development Impact Fee Schedule and through a uniform application of community facilities district fees. Finding C: Annexation Application No. P25-00757 proposes the annexation of existing street right-of-way with no development proposed, thus no connections to City utilities are required. Additionally, because the annexation area is an existing right of way (1) No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project; and (2) No future private development of the annexation area is proposed or likely. D. Disadvantaged Unincorporated Communities. The City will partner with the community, if there is wide support for annexation, to coordinate terms to initiate and support the annexation process; and, Finding D: The proposed project is not located within a Disadvantaged Unincorporated Community, as shown in Figure LU-3: Disadvantaged Unincorporated Communities of the Fresno General Plan. E. LAFCO Approval. The annexation shall be approved by the Local Agency Formation Commission (LAFCO) of Fresno. Finding E: The proposed Annexation Application No. P25-00757 has been filed to facilitate annexation of approximately 0.84 acres of land within the subject boundary to the City of Fresno as well as detachment from the Kings River Conservation District and the Fresno County Fire Protection District. This action comprises the proposed Clinton- Millbrook Avenues Reorganization and ultimately fall under the jurisdiction of the Fresno Local Area Formation Commission (LAFCO). An affirmative action by the Fresno City Council regarding Annexation Application No. P25-00757 will authorize the filing of an application with LAFCO to initiate proceedings for the consideration of the proposed Clinton-Millbrook Avenues Reorganization. 1 | P a g e 521190v1 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. P25-00757 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 5 OF THE STATE CEQA GUIDELINES. APPLICANT: City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: East Clinton Avenue right-of-way between North Millbrook Avenue and North Sixth Street PROJECT DESCRIPTION: The City of Fresno has filed Annexation Application No. P25 -00757 pertaining to approximately 0.84 acres of East Clinton Avenue right -of-way between North Millbrook Avenue and North Sixth Street. Annexation Application No. P25 -00757 proposes to initiate annexation proceedings for the Clinton-Millbrook Avenues Reorganization proposing incorporation of right-of-way within the City of Fresno, and detachment from the Kings River Conservation District and Fresno County Fire Protection District. This project is exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines as follows: Staff has determined that the proposed Annexation is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) under the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment . The proposed annexation involves the annexation of approximately 0.84 total acres of existing public street right-of-way with no proposed development or alteration. There will be no physical change to the environment as a result of the approval of the annexation as it only involves annexation of existing public street right-of-way with no proposed development or alteration. Conclusion: Annexation No. P25-00757 is exempt from CEQA pursuant to the common sense exemption set forth in Section 15061(b)(3) of the CEQA Guidelines because the project involves the annexation of approximately 0.84 total acres of existing public street right-of-way with no proposed development or alteration. 2 | P a g e 521190v1 Therefore, Annexation No. P25-00757 is exempt from CEQA pursuant to the common sense exemption set forth in Section 15061(b)(3) of the CEQA Guidelines. Date: August 14 2025 Submitted by: Juan Lara Planner III City of Fresno Planning and Development Department (559) 621-8039 File #:ID 25-1069 Agenda Date:8/14/2025 Agenda #: 2.-M. BACKGROUND The Regional Wastewater Reclamation Facility (RWRF) currently treats approximately 60 million gallons of wastewater per day from Fresno, Clovis, and some unincorporated areas of Fresno County. The wastewater takes approximately 8 to 10 hours to reach the RWRF, and it arrives in a septic condition containing hydrogen sulfide. Hydrogen sulfide is a toxic and malodorous gas, and ferric chloride is used to control hydrogen sulfide concentrations in the liquid waste stream. Ferric chloride is added at the headworks as part of the odor control strategy to reduce the release of hydrogen sulfide in the headworks building, and adding it at the start of the liquid treatment process ultimately controls emissions of hydrogen sulfide in the digester gas. Control of hydrogen sulfide emissions is required as part of the RWRF air permit requirements. The original Requirements Contract with Kemira was awarded by City Council on January 28, 2021, following a competitive bid process (Bid File 9562). Two bids were received, with Kemira submitting the lowest responsive and responsible bid proposal for $1,218,821.80 based on estimated annual usage. On November 4, 2021, City Council approved the first amendment, which increased the not-to- exceed amount for the initial year to $1,798,821.80 and $1,554,840.00 for contract years two through five, resulting in an amended contract not-to-exceed total of $8,018,181.80. Since the award of the Contract, actual ferric chloride usage has exceeded initial estimates due to unanticipated operational demands. Ferric chloride prices have also been subject to cost escalation driven by inflationary pressures, raw material price increases, and supply chain disruptions. The current unit price for ferric chloride has escalated at a rate higher than initially projected at the start of the contract term. With the unit price increase and higher actual usage, the total cost of ferric chloride under the Contract is projected to exceed the contract amount. Sufficient product supply is essential to maintain compliance with regulatory permit conditions for air emissions, and the contract needs to be amended to maintain adequate supply of ferric chloride. This second amendment requests an additional $1,703,279.59 to cover increased costs and secure sufficient ferric chloride supply for the fifth and final year of the Contract. With this amendment, the revised total not-to-exceed contract amount will be $9,721,461.39. The City Attorney has reviewed and approved as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378, the increase to the requirements contract does not qualify as a “project”. LOCAL PREFERENCE Local preference is not applicable because this is an increase to an existing contract. FISCAL IMPACT City of Fresno Printed on 8/19/2025Page 2 of 3 powered by Legistar™ File #:ID 25-1069 Agenda Date:8/14/2025 Agenda #: 2.-M. The General Fund is not impacted by this expenditure, as the appropriations for the purchase of Ferric Chloride are included in FY2025 and FY2026 Enterprise Fund operating budget. Attachments: Second Amendment to the Requirements Contract First Amendment to the Requirements Contract Requirements Contract Vicinity Map City of Fresno Printed on 8/19/2025Page 3 of 3 powered by Legistar™ SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this __ day of __ , 2025 (Effective Date), amends the Requirements Contract entered into between the CITY OF FRESNO, a California municipal corporation (City), and KEMIRA WATER SOLUTIONS, INC., a Delaware corporation (Contractor). RECITALS 1. City and Contractor entered into a three-year Requirements Contract dated February 8, 2021, to provide ferric chloride for use at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) in the amount of $1,218,821.80, with a provision for two one-year extensions (Agreement). 2. City now requires additional ferric chloride for use at the RWRF. The parties have agreed that Contractor will provide additional ferric chloride for an increase in the contract cost. 3. On November 4, 2021, the City and Contractor entered into Amendment No. 1, which increased the not-to-exceed amount for the initial year to $1,798,821.80 and $1,554,840.00 for contract years two through five, resulting in an amended contract not-to-exceed total of $8,018,181.80. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. The recitals set forth above are incorporated herein by this reference and made part of this Amendment. 2. City shall pay to Contractor the additional cost of One Million, Seven Hundred Three Thousand, Two Hundred Seventy Nine Dollars and Fifty Nine Cents ($1,703,279.59) for the fifth and final year of the Contract for a total not-to- exceed amount of Nine Million, Seven Hundred Twenty One Thousand, Four Hundred Sixty One Dollars and Thirty Nine Cents. ($9,721,461.39) 3. Except as otherwise provided herein, the Agreement as amended remains in full force and effect. [SIGNATURES FOLLOW ON NEXT PAGE.] &+)" % %,#&' IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. City of Fresno, a California municipal corporation By: Paul Amico, Interim Director of Public Utilities APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brent Richardson Date Deputy City Attorney ATTEST: TODD STERMER, MMC Interim City Clerk By: Date Deputy Kemira Water Solutions, Inc. a Delaware corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO., Treasurer, Secretary or Assistant Secretary) Addresses: CITY: CONTRACTOR: City of Fresno Kemira Water Solutions, Inc. Department of Public Utilities Attention: Christina Imbrogno Attention: Cory Asher 4321 W. 6th Street 5607 W Jensen Ave. Lawrence, KS 66049 Fresno, CA 93706 Telephone No. 785-842-7424 Telephone No. 559-621-5110 E-mail: tina.imbrogno@kemira.com E-Mail: Cory.Asher@fresno.gov Attachments: &+)" % %,#&' &$$("# +''&(* % ( !(")*"% $(& %& &$$("# +''&(* '"#")* FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into on November __, 2021 (Effective Date), amends the Requirements Contract entered into between the City of Fresno, a California municipal corporation (City), and Kemira Water Solutions, Inc., a Delaware corporation (Contractor). RECITALS 1. City and Contractor entered into a three-year Requirements Contract dated February 8, 2021, to provide ferric chloride for use at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) in the amount of $1,218,821.80, with a provision for two one-year extensions (Agreement). 2. City now requires additional ferric chloride for use at the RWRF. The parties have agreed that Contractor will provide additional ferric chloride for an increase in the contract cost. 3. With entry into this Amendment, Contractor agrees it has no claim, demand, or dispute against City. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. The recitals set forth above are incorporated herein by this reference and made part of this Amendment. 2. Contractor shall provide additional ferric chloride for use at the RWRF. 3. City shall pay to Contractor the additional cost of $580,000, for a total cost in the first year of the contract of $1,798,821.80. In the remaining two years of the contract with Contractor, City shall pay the additional cost of $336,018.20 for a total cost in the second and third years of the contract of $1,554,840. 4. Except as otherwise provided herein, the Agreement remains in full force and effect. [SIGNATURES FOLLOW ON NEXT PAGE.] IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. City of Fresno, a California municipal corporation By: Michael Carbajal, Director Department of Public Utilities APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Pauline Brickey Date Deputy City Attorney ATTEST: BRIANA PARRA, CMC Interim City Clerk By: Date Deputy Kemira Water Solutions, Inc. a Delaware corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO., Treasurer, Secretary or Assistant Secretary) Addresses: CITY: CONTRACTOR: City of Fresno Kemira Water Solutions, Inc. Attention: Cory Asher Attention: Christina Imbrogno 5607 W Jensen Ave. 4321 W. 6th Street Fresno, CA 93706 Lawrence, KS 66049 Telephone No. 559-621-5170 Telephone No. 785-842-7424 FAX: 559-498-1700 Attachments: Original Requirements Contract ! " FIN 4.0/11-26-12 - 1 - PRODUCT REQUIREMENTS CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation, hereinafter called the "City," and KEMIRA WATER SOLUTIONS, INC., hereinafter called the "Contractor," as follows: 1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to Bidders," "Bid Proposal," and the "Specifications" including "General Conditions", "Special Conditions" and "Technical Specifications" for the following: REQUIREMENTS CONTRACT FOR FERRIC CHLORIDE (Bid File No. 9562) , copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. PRICE. For the estimated monetary consideration of ONE MILLION TWO HUNDRED AND EIGHTEEN THOUSAND EIGHT HUNDRED AND TWENTY-ONE DOLLARS AND EIGHTY CENTS ($1,218,821.80), as set forth in the Bid Proposal, Contractor promises and agrees to furnish or cause to be furnished, in a new and working condition, and to the satisfaction of City, and in strict accordance with the Specifications, all of the items as set forth in the Contract Documents. 3. PAYMENT. City accepts Contractor's Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil Code section 2782 (if applicable), Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or by the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. / / / / / / FIN 4.0/11-26-12 -2 - IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. KEMIRA WATER SOLUTIONS, INC. By: Name: (Type or print written signature.) Title: Dated: By: Name: (Type or print written signature.) Title: Dated: CITY OF FRESNO, a Calif rni m ni i l rporation By: Melissa Perales, Purchasing Manager Finance Department Dated: ATTEST: YVONNE SPENCE, CMC City Cl rk By: Deputy No signature of City Attorney required. Standard Document #FIN 4.0 has been used without modification, as certified by the undersi n d By: Sandra Gamez Senior Procurement Specialist Finance Department City address: City of Fresno Attention: Sandra Gamez, Senior Procurement Specialist 2600 Fresno Street, Room 2156 Fresno, CA 93721 File #:ID 25-1033 Agenda Date:8/14/2025 Agenda #: 2.-N. Landfill History The City operated the Fresno Sanitary Landfill (FSL) from 1935 to 1987. The FSL is regulated under the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). In compliance with CERCLA Section 103(c) requirements, the City notified EPA of the existence of the FSL in May 1981. A preliminary assessment conducted by the California Department of Health Services (now the California Department of Toxic Substances Control) in June 1984 found evidence of offsite migration of methane and volatile organic compounds (VOC) contamination of groundwater. The City began addressing methane gas migration in 1988 through the construction of a landfill gas (LFG) extraction and energy recovery system (the LFG System). The FSL was placed on the USEPA’s National Priorities List in 1989. Concurrent with the landfill gas work, the City began investigating the VOC contamination of groundwater. The City requested that the groundwater investigation be conducted separately and in parallel to the landfill gas investigation to reach a decision on groundwater remediation more quickly than on landfill gas source control. USEPA approved dividing the efforts and classified the investigation and remediation into two operable units. Operable Unit 1 (OU-1) addresses the landfill trash prism, which is the source of emissions, and Operable Unit 2 (OU-2) addresses the groundwater impacted by the landfill contaminants. The feasibility study for OU-1 was completed in September 1992. The USEPA issued a Record of Decision (ROD) in 1993 that included a landfill cover to prevent stormwater intrusion into the trash prism, a landfill gas extraction and destruction system, and a stormwater runoff collection system. The OU-2 remedial investigation and feasibility study efforts were subsequently conducted concurrently with the OU-1 investigation and remediation efforts. The OU-2 Remedial Investigation was completed in May 1994, the Risk Assessment was completed in September 1994, and the Feasibility Study was completed in July 1996. The USEPA ROD for OU-2 was issued in September 1996, and it directed restoration of the groundwater aquifer. The major components of the selected remedy are groundwater monitoring, construction of a phased groundwater extraction system, and an onsite treatment system for the extracted groundwater. A five-year review, pursuant to Section 121(c) of CERCLA, 42 U.S.C. §9621 (c), is required to be conducted at least once every five years after the initiation of the remedial action to ensure the remedy provides adequate protection of human health and the environment. CDM Smith, Inc. City Council approved the Agreement with CDM on February 1, 2022 in the amount of $429,850, based on a uniquely qualified determination dated January 27, 2022. CDM was determined to be uniquely qualified due to their extensive knowledge of the FSL, overall firm and staff experience, and their specific experience with groundwater monitoring, remedial action services, and overall regrading and rehabilitation at the FSL. The Agreement term was through December 31, 2022, and the scope of work included: 1. Providing groundwater monitoring and remedial action services. 2. Preparing construction documents for the east slope regrading and rehabilitation of the landfill gas collection system. 3. Providing support services for groundwater treatment plant operations. City of Fresno Printed on 8/19/2025Page 2 of 4 powered by Legistar™ File #:ID 25-1033 Agenda Date:8/14/2025 Agenda #: 2.-N. 4. Developing a surface emissions testing program. 5. Preparing quarterly and annual reports, system performance technical memorandums, work plans, and monitoring plans. 6. Performing groundwater modeling and evaluation of proposed new water supply wells (agricultural and residential) in the vicinity of the FSL. 7. Performing soil vapor sampling and surface emissions monitoring activities. 8. Providing project management assistance services related to other key landfill issues. City Council has approved four amendments since the original Agreement was executed: 1. On December 20, 2022, the First Amendment to the Agreement was approved to extend the contract term to December 31, 2023 and increase compensation by $230,600, for a total contract amount of $660,450. The scope of work included additional compensation for continuing the services included in the original Agreement, and the soil vapor sampling and monitoring task was expanded to include additional locations in and around the FSL. 2. On March 31, 2023, the Second Amendment to the Agreement was approved to increase compensation by $85,200, for a total contract amount of $745,650. The scope of work included additional compensation for expanding emissions sampling and monitoring at additional locations around the FSL. 3. On October 27, 2023, the Third Amendment to the Agreement was approved to extend the contract term to June 30, 2025 and increase compensation by $644,753, for a total contract amount of $1,390,403. The scope of work included additional compensation for continuing services included in the original Agreement and amendments, and for sampling and monitoring additional locations around the FSL. The scope of work also added bid phase services and engineering services during construction for the East Slope Regrading Project. 4. On November 6, 2024, the Fourth Amendment to the Agreement was approved to increase compensation by $526,490, for a total contract amount of $1,916,893. The scope of work included additional compensation for continuing services included in the original Agreement and amendments, field investigation reporting, preparing the annual Groundwater Technical Memorandum, and providing additional project management support for the East Slope Regrading Project during construction. The Fifth Amendment to the Agreement is needed to extend the contract term to January 31, 2026 to continue services included in the original Agreement and amendments to address additional USEPA requirements for sampling, monitoring, and reporting, and provide support activities for USEPA’s five- year review. The City Attorney’s Office has reviewed and approved this Fifth Amendment to the Consultant Services Agreement as to form. ENVIRONMENTAL FINDINGS An Environmental Assessment was adopted for the original contract on January 27, 2022, by the City Council via a Categorical Exemption pursuant to Sections 15306/Class 6 (Information Collection) and 15309/Class 9 (Inspections) of the California Environmental Quality Act (CEQA) Guidelines. The City of Fresno Printed on 8/19/2025Page 3 of 4 powered by Legistar™ File #:ID 25-1033 Agenda Date:8/14/2025 Agenda #: 2.-N. proposed amendment to the Consultant Services Agreement is not expected to have a significant effect on the environment. LOCAL PREFERENCE Local preference does not apply to this action because this is an amendment to an existing Consultant Services Agreement. FISCAL IMPACT The Project is located in Council District 3. The FSL is funded by both the Solid Waste Enterprise Fund and the General Fund. The total funding for the Contract is included in the Fiscal Year 2026 Solid Waste Enterprise Fund. Fifty percent of the actual cost of work performed is reimbursed through an annual revenue transfer from the General Fund. The use of the General Fund is because when the FSL was in operation, both residential and commercial customers utilized it. Since that time, the commercial services have been franchised and current revenues received are located within the General Fund. Attachments: Fifth Amendment to Agreement Fourth Amendment to Agreement Third Amendment to Agreement Second Amendment to Agreement First Amendment to Agreement Consultant Services Agreement Vicinity Map City of Fresno Printed on 8/19/2025Page 4 of 4 powered by Legistar™ FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this _____ day of ____________, 2025, amends the Consultant Services Agreement entered into between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as CITY), and CDM Smith, Inc., a Massachusetts Corporation (hereinafter referred to as Consultant). RECITALS WHEREAS, the CITY and CONSULTANT entered into a Consultant Services Agreement on February 1, 2022 (Agreement), to provide professional consulting services for Environmental Groundwater Remedial Action and Regrading Design for the Fresno Sanitary Landfill Superfund Site for a total fee of $429,850; and WHEREAS, the CITY and CONSULTANT entered into a First Amendment to the Agreement on December 20, 2022 (First Amendment) to expand the scope of services and increase monetary consideration in the amount of $230,600, for a revised total contract value of $660,450; and WHEREAS, the CITY and CONSULTANT entered into a Second Amendment to the Agreement on March 31, 2023 (Second Amendment) to expand the scope of services and increase monetary consideration in the amount of $85,200, for a revised total contract value of $745,650; and WHEREAS, the CITY and CONSULTANT entered into a Third Amendment to the Agreement on October 27, 2023 (Third Amendment) to expand the scope of services and increase monetary consideration in the amount of $644,753, for a revised total contract value of $1,390,403; and WHEREAS, the CITY and CONSULTANT entered into a Fourth Amendment to the Agreement on November 6, 2024 (Fourth Amendment) to expand the scope of services and increase monetary consideration in the amount of $526,490 for a revised total contract value of $1,916,893; and WHEREAS, ongoing services have become necessary at the Fresno Sanitary Landfill Superfund Site; and WHEREAS, the CITY and CONSULTANT now desire to enter into this Fifth Amendment to expand the scope of services, increase monetary consideration in the amount of $383,798, for a revised total contract value of $2,300,691, and extend the term of the Agreement from June 30, 2025 to 31, 202 to complete the expanded scope of services; and WHEREAS, with entry into this Amendment, CONSULTANT agrees that it has no claim, demands, or disputes against the CITY. AGREEMENT NOW, THEREFORE, the CITY and the CONSULTANT agree that the aforesaid Agreement be amended as follows: 1 3 IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this Third Amendment at Fresno, California, the day, and year first above written. CITY OF FRESNO, a California municipal corporation By: Nicholas D. Mascia, PE, TE,PTOE Assistant City Manager Public Works, Utilities, and Capital Projects APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Senior Deputy City Attorney ATTEST: TODD STERMER, MMC City Clerk By: Deputy Date CDM Smith, Inc., a Massachusetts corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO., Treasurer, Secretary or Assistant Secretary) REVIEWED BY: Sarah J. Lambeth Senior Management Analyst Capital Projects Department COMPENSATION CDM Smith, Inc., will complete the Fifth Amendment scope of Services for a total fee not to exceed the values below: Fifth Amendment Compensation Task 1 – Performance Monitoring Task 2 – Remedial Action Systems Operations Assistance Task 3 – Site Delisting Discussions Task 4 – Site Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 6 – Landfill Regrading Design Services $135,948.00 $133,492.00 $0.00 $38,572.00 $90,725.00 $-14,939.00 TOTAL PROFESSIONAL SERVICES FEE $383,798.00 Fourth Amendment Task 1 – Performance Monitoring Task 2 – Remedial Action Systems Operations Assistance Task 3 – Site Delisting Discussions Task 4 – Site Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 6 – Landfill Regrading Design Services $146,500.00 $190,690.00 $0.00 $76,800.00 $65,000.00 $47,500.00 TOTAL PROFESSIONAL SERVICES FEE $526,490.00 Third Amendment Task 1 – Performance Monitoring Task 2 – Remedial Action Systems Operations Assistance Task 3 – Site Delisting Discussions Task 4 – Site Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 6 – Landfill Regrading Design Services $286,747.00 $79,940.00 $0.00 $121,400.00 $95,446.00 $61,220.00 TOTAL PROFESSIONAL SERVICES FEE $644,753.00 Second Amendment Task 1 – Performance Monitoring Task 2 – Remedial Action Systems Operations Assistance Task 3 – Site Delisting Discussions Task 4 – Site Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 6 – Landfill Regrading Design Services $0.00 $0.00 $0.00 $75,200.00 $10,000.00 $0.00 TOTAL PROFESSIONAL SERVICES FEE $85,200 First Amendment Task 1 – Performance Monitoring Task 2 – Remedial Action Systems Operations Assistance Task 3 – Site Delisting Discussions Task 4 – Site Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 6 – Landfill Regrading Design Services $65,850.00 $61,230.00 $0.00 $52,200.00 $44,320.00 $7,000.00 TOTAL PROFESSIONAL SERVICES FEE $230,600.00 Original Contract Amount Task 1 – Performance Monitoring Task 2 – Remedial Action Systems Operations Assistance Task 3 – Site Delisting Discussions Task 4 – Site Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 6 – Landfill Regrading Design Services $56,160.00 $87,490.00 $0.00 $51,570.00 $62,870.00 $171,760.00 TOTAL PROFESSIONAL SERVICES FEE $429,850.00 TOTAL AMENDED CONTRACT AMOUNT: $2,300,691.00 SCHEDULE Completion of Services 31, 202 1 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this _____ day of _________ 2024, amends the Consultant Services Agreement entered into between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as CITY), and CDM Smith, Inc., a Massachusetts Corporation (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, the CITY and CONSULTANT entered into a Consultant Services Agreement on February 1, 2022 (Agreement), as amended on December 20, 2022 (First Amendment) to provide professional consulting services for Environmental Groundwater Remedial Action and Regrading Design for the Fresno Sanitary Landfill Superfund Site for a total fee of $660,450; and WHEREAS, the CITY and CONSULTANT entered into a Second Amendment to the Agreement on March 31, 2023 (Second Amendment) to expand the scope of services for a total fee of $745,650; and WHEREAS, the CITY and CONSULTANT entered into a Third Amendment to the Agreement on October 19, 2023 (Third Amendment) to expand the scope of services for a total fee of $1,390,403; and WHEREAS, due to the need for additional services, the parties desire to increase the total compensation by an additional $526,490 to complete the expanded Scope of Services; and WHEREAS, with entry into this Amendment, CONSULTANT agrees that it has no claim, demands, or disputes against the CITY. AGREEMENT NOW, THEREFORE, the CITY and the CONSULTANT agree that the aforesaid Agreement be amended as follows: 1. Exhibit A of the Agreement is amended to expand the scope of services as indicated in Exhibit A, attached hereto, and incorporated herein by reference. 2. Section 3(a) of the Agreement is amended in its entirety to read as follows: “(a) CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of One Million, Nine Hundred Sixteen Thousand and Eight Hundred Ninety-Three Dollars ($1,916,893). Such fee includes all expenses incurred by CONSULTANT in performance of the services.” 3. Except as otherwise provided herein, the Agreement, First Amendment, Second Amendment, and Third Amendment entered into by the City and Consultant, remain in full force and effect. [SIGNATURES FOLLOW ON THE NEXT PAGE.] " 2 IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this Third Amendment at Fresno, California, the day, and year first above written. CITY OF FRESNO, a California municipal corporation By ______________ Brock D. Buche, PE, PLS Director of Public Utilities APPROVED AS TO FORM: ANDREW JANZ City Attorney By:___________ Angela M. Karst Date Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By _____________ Deputy Date CDM Smith, Inc., a Massachusetts corporation By _____________ Name:___________________________ Title:_____________________________ (If corporation or LLC., Board Chair, Pres. Or Vice Pres.) By:_________________ Name:___________________________ Title:_____________________________ (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Attachment: Exhibit A – Scope of Services " ! # ! ϭ Exhibit A SCOPE OF SERVICES Consultant Services Agreement between City of Fresno (“City”) And CDM Smith Inc. (“Consultant”) Fresno Sanitary Landfill Groundwater and Landfill Remediation Services Fresno Sanitary Landfill Scope of Work and Budget for Year 2024 (Supplemental) through June 2025 Introduction Provided below are descriptions of work tasks to be performed by CDM Smith Inc. (Consultant) on behalf of the City of Fresno (City) as part of ongoing operations at the Fresno Sanitary Landfill Superfund Site (“FSL” or “Site”). Ongoing activities are being performed as part of Operable Unit No. 1 (OU-1 – landfill control system operations, maintenance, and reporting) and OU-2 (groundwater remediation system operations, maintenance, and reporting). The ultimate objective of the continued work is to achieve formal regulatory closure of the FSL Superfund Site. The U.S. Environmental Protection Agency (EPA) is the lead regulatory agency on the FSL project. This scope of work presented below describes work to be performed during the third and fourth quarters of 2024 and through June 2025. The description also outlines supplemental activities during the past eight months that arose from requirements from the U.S. Environmental Protection Agency and unanticipated complications in landfill operations. The Consultant is currently performing work for the City under Amendments No. 1, No. 2, and No. 3 to the existing agreement (dated February 1, 2022). Amendment No. 1 reflected 2023 work activities to support the monitoring program, system operations assistance, and ongoing reporting required for the FSL and the ongoing groundwater remediation. Amendment No. 2 covered work activities for planning and implementation of the second round of the vapor intrusion (VI) investigation, which was performed in March 2023. Amendment No. 3 included planning and field work for round 3 of VI investigation activities, quarterly groundwater sampling activities starting in October 2023, and bid period and construction period services in support of the Landfill Regrading Design #1. This Amendment No. 4 includes supplemental budget to address the following scope changes over the past eight months: The Groundwater Technical Memorandum (Groundwater TM) is a new report required by the EPA in Fall 2023 that includes groundwater modeling and an updated conceptual site model. During a conference call with the City on December 21, 2023, CDM Smith informed the City that this Groundwater TM was not included in the budget and to complete it within the existing budget, other project tasks (e.g., routine reports for early 2025) would need to be descoped. The City concurred with this approach noting that additional contract funding could be requested when Design #1 was issued for bid. The Groundwater TM activity Ϯ started being tracked as an as-needed task in December 2023 (under Task 2 described below). Surface Emissions Monitoring (SEM) was originally assumed to require 3 quarterly reports during the 21-month period of performance because Federal guidelines allow a reduction in frequency of annual monitoring if methane is not detected above 500 ppm for three consecutive quarters. In addition, it was anticipated that preparation of the reports would require minimal effort (i.e., a cover letter transmitting a data table). However, the quarterly SEM results have been greater than 500 ppm requiring resurveys during each quarterly reporting period. Correspondingly, the quarterly reports are more complex with discussions and figure presentations of the resurveys. In addition, it is anticipated that surveys and reports will need to be conducted every quarter through the contracting period due to the past SEM exceedances, requiring an additional 5 reports. (Under Task 4.) The Landfill Regrading Design #1 plans and specifications and the Design #1 bid schedule (design documents) were originally finalized in 2022 so the current contract (Am. 3 2023 through Jan 2025) did not include scope/budget to revise these design documents. Before issuing the request-for-bid in July 2024, the City’s Capital Projects Department - Construction Management requested revisions to the Design #1 design documents. and requested an updated opinion of probable construction cost (OPCC). Several iterations of these documents were prepared by CDM Smith in response to reviews conducted separately by multiple Fresno departments. (Under Subtask 6.1.) Groundwater sampling event costs were higher due to site issues encountered during the monitoring events performed in October 2023, January 2024, and April 2024 [e.g., wells being not found or unable to be sampled, extraction well pump failure, and extended oversight (April event required two mobilizations)]. (Under Task 1.) Monitoring assistance costs were higher due to maintenance issues and additional EPA requests [e.g., pump replacement support for PW-6B2 and PW-1C, analytical reporting letters for residential wells, support for issues regarding the incorrect construction of private water supply wells at 2429 North Avenue and 3165 Hughes Avenue, and discussions with vendors (e.g., Calgon) to research possible implementation of activated carbon to provide groundwater treatment during bypass events]. (Under Task 1.) Responses to comments costs are higher due to increased number of deliverables [e.g., additional quarterly SEM reports, EPA comments, and EPA requests for information during monthly technical informational exchange (TIE) meetings]. (Under Task 1.) Soil gas field investigation costs are higher due to the delay in execution of the field event to June 2024. Budget was originally estimated for September 2023. (Under Task 4.) Project management costs (under Task 5) are higher due to: o increased EPA meetings (e.g., EPA added monthly groundwater remedial action meetings in October 2023). ϯ o preparation of EPA notifications (e.g., emission calculations for notifications of modified LFG flare by-pass mode, grass fires, vandalism, and calculations for PW-6B2 extraction well downtime). o landfill gas flare maintenance support. In October 2023, issues with the landfill gas flare operation arose when EPA required all of the landfill gas wells to be operated under negative pressure per landfill regulations. CDM Smith conducted a site visit in December 2023 and assisted the City with contract review and onboarding of Tetra Tech to resolve operational issues and conduct maintenance of the landfill gas flare system. The LFG system was previously maintained by City staff, who are no longer available to support this effort, and current City staff were not equipped to troubleshoot the problems with the system. This Amendment No. 4 also includes added scope/budget for the following new activities: Groundwater Model Recalibration – During groundwater modeling in support of the Groundwater Technical Memorandum, it was determined that model results are highly sensitive to the pumping rates of the surrounding Cities’ systems. The model was last calibrated in 2018. During a call on June 10, 2024, the Fresno City Water Department revealed significant changes to the City water supply system with transition to surface water in place of groundwater. The transition to surface water use is a regional change, thus the pumping rates of the other nearby cities likely also have changed. This boundary condition change will require the groundwater model to be recalibrated. (Under Task 2.) VI Investigation - Scope/budget for preparation of the gas report documenting the 2024 sampling event. Scope/budget for this report had not been included in the previous budget. (Under Task 4.) These scope of work activities are a continuation of work performed under the existing contract with the City (dated 2022) and under Amendment No. 1 (for work performed in 2023), Amendment No. 2 (for the Spring 2023 VI investigation), and Amendment No. 3 (for the June 2024 VI investigation and October 2023 - October 2024 groundwater monitoring). Work described below is defined in terms of the five project tasks listed below: Task 1 – Performance Monitoring Program Task 2 – Remedial Action Systems Operations Assistance Task 3 – Site Delisting Discussions (no work is planned under this Task 3 during 2023 through 2025) Task 4 – Field Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 6 – Landfill Regrading Program – Bid Period and Construction Period Services ϰ Table A-1 consists of a summary of the estimated costs for this scope of work. The total cost for this work is $526,490 for the remaining 12-month period of performance (July 2024 through June 2025). Task 1 – Performance Monitoring Program Objectives Perform groundwater monitoring activities for the annual performance monitoring program, including 2024 (Q3-July, and Q4- October) and 2025 (Q1-January and Q2-April) as part of the Groundwater Remedial Action at the FSL. Monitor and evaluate progress of groundwater remediation. Document the performance monitoring activities and laboratory analytical results in an annual report (July 31, 2024) and an interim data transmittal (February 28, 2025) to the EPA. Prepare responses to review comments from EPA (and other State regulatory agencies). Activities Groundwater Monitoring Activities - The Groundwater Monitoring Program at the FSL has been ongoing for many years. The City requested that Consultant perform groundwater monitoring activities (quarterly, semi-annual, and annual monitoring events). Consultant has enlisted a subcontractor to assist with sampling services. Task activities will include coordinating with analytical laboratories (e.g., analyses to be performed, numbers and types of sampling containers, delivery of sampling containers to the Site), and sample collection from the groundwater monitoring wells, groundwater extraction wells, residential water supply wells, and the groundwater treatment plant (GTP) influent and effluent sampling ports. Consultant will coordinate with the City in the ongoing implementation of this program. Field activities to be performed, laboratory analysis, and regulatory agency reporting are described below: Field Activities. CDM Smith will perform groundwater monitoring, utilizing Blaine Tech Services, Inc (Blaine Tech), with assistance from City staff. The plan for sampling and analysis (Table 4-1 of the Spring 2023 Annual Performance Monitoring Program Report ) defines the sampling schedule, number of samples and analytical methods for this quarterly sampling event. Schedule. Monitoring events will be performed during 2024 (July and October), and during 2025 (January and April). Listing of the sampling locations are defined in Table 4- 1 of the Annual Performance Monitoring Program Report (July 2023 submittal to EPA). Laboratory Analysis. Analysis of water samples will be performed by two laboratories, including Fresno Wastewater Management Division Analytical Laboratory (WMD; analysis for inorganic compounds) and BSK Associates Engineers & Laboratories (BSK- Fresno) under direct bill contract with the City (analysis for volatile organic compounds). ϱ Reporting. On an annual basis, CDM Smith will prepare two deliverables associated with the Groundwater Monitoring Program, including Interim Data Transmittal (January 2025) and the Annual Performance Monitoring Program Report (July 2024). These deliverables are described below (under Deliverables). Coordinate with Laboratories. Identify and work to resolve issues that arise regarding laboratory analytical results (e.g., apparent mislabeling between 2 sample locations, investigate what appears to be anomalous analytical data, etc.). Environmental Database – Maintain the environmental database, including upload of analytical data upon receipt from the analytical laboratory following each quarterly sampling round. Database management will include performing data queries and preparing data summary tables that will be included in the interim data transmittal (electronic transmittal) and the annual performance monitoring program report (electronic transmittal). Responses to Regulatory Agency Review Comments (RTCs) – EPA and the State regulatory agencies typically submit review comments on a range of project submittals. This task will involve preparing RTCs (electronic submittals) for technical deliverables scheduled for submittal to EPA including the OU-1 Annual Report, OU-2 Interim Data Transmittal, OU-2 Annual Performance Monitoring Program Report, quarterly landfill progress reports and quarterly SEM reports. OU-2 Operations Assistance – CDM Smith provides miscellaneous support activities to assist the City in the operations and maintenance of the groundwater monitoring wells, groundwater extraction wells, residential water supply wells, and the groundwater treatment plant (GTP). In the past year, support activities have included: groundwater extraction well pump replacement support for PW-6B2 and PW-1C, analytical reporting letters for residential wells, support for issues regarding the incorrect construction of private wells at 2429 North Avenue and 3165 Hughes Avenue, and discussions with vendors (e.g., Calgon) to research possible implementation of activated carbon to provide groundwater treatment during LFG flare bypass mode events. The effort for these activities were previously tracked under Monitoring Assistance with the groundwater monitoring activities. However, given the recent need for these activities, we recommend tracking these efforts under this subtask with its own budget. The monitoring assistance task will be closed and replaced with this subtask. Under this subtask, Consultant staff will be available to address questions raised by City staff in optimizing operations of the groundwater collection and treatment system (including extraction pump operations, GTP operations, and monitoring of instrumentation and controls). Consultant staff will also be available to respond to requests for assistance from the City to address GTP operational problems or to respond to questions regarding technical or regulatory issues or to develop an estimate of future costs associated with GTP operations under various operational scenarios. Consultant staff will also be available to review and evaluate analytical data from supplemental samples collected from the groundwater monitoring wells or the GTP. The City will request in writing that Consultant ϲ perform these tasks prior to initiating work. It is assumed that this as-needed task is limited to 50 hours through June 2025. Assumptions Consultant will utilize a subcontractor (Blaine Tech) to assist in the groundwater monitoring rounds (July and October 2024; and January and April 2025). City staff will assist in several groundwater monitoring activities, including: Assist in locating on-site and off-site groundwater monitoring well locations, as requested. Ensure access agreements are in-place for off-site monitoring wells and residential wells. Coordinate with off-site property owners to allow access to groundwater monitoring wells and residential water supply wells included in the monitoring program. City staff will be responsible for ensuring access agreements are in-place for off-site monitoring wells and residential wells. Analysis of organic constituents is currently being performed by BSK Associates Engineers & Laboratories (BSK) in Fresno, CA under direct bill contract with the City. The analytical laboratory may be changed at the discretion of the City. Analysis of inorganic constituents is currently being performed by the City of Fresno Wastewater Management Division Analytical Laboratory (WMD) in Fresno, CA, under direct bill arrangements with the City. Under the OU-2 Operations Assistance subtask, CDM Smith is currently assisting the City in discussions with the County regarding the incorrect construction of wells at 2429 North Avenue and 3165 Hughes Avenue. EPA has indicated that these wells should be decommissioned and replaced. Deliverables 1.OU-2 Interim Data Transmittal (Annual Submittal) – The Interim Data Transmittal will consist of data summary tables and figures for the July and October groundwater monitoring events. The Interim Data Transmittal will be submitted directly to EPA via e-mail in January 2025. 2.OU-2 Annual Performance Monitoring Program Report (Annual Report) – The Annual Report will cover the July and October 2023 and the January and April 2024 groundwater monitoring events. A draft document will be submitted to City staff for review. Consultant will incorporate revisions from City staff and prepare final report for submittal to the EPA. The Annual Report will be submitted to EPA in July 2024. Work activities for the Annual Report will include the following elements: ϳ Compilation of quarterly monitoring data (field and analytical laboratory data) and GTP operational data. Preparation of data summary tables and graphics. Data summary tables will include groundwater extraction well operational data, groundwater treatment unit performance monitoring data, volatile organic compound (VOC) mass removal, groundwater level measurements, head differential measurements (well clusters), VOC analytical data, inorganic constituent data, and quality control data. Graphics will include groundwater elevation contours for 2 of the quarterly monitoring events and VOC concentration trend plots. Based on the Long-Term Monitoring Optimization Plan (Plan) (CDM Smith, 2007), Consultant will perform an evaluation of the groundwater monitoring wells included in the monitoring program and will propose changes to the monitoring program in accordance with the criteria defined in the Plan. This evaluation will be completed following each April groundwater monitoring event. The results of this evaluation will be documented in the July Annual Report. Task 2 – Remedial Action Systems Operations Assistance Objectives Support the City’s high-quality performance of the landfill environmental control systems, including the landfill cover, landfill gas (LFG) control, and stormwater management systems. Assist City staff in the ongoing operations, monitoring, and maintenance of the groundwater remediation system and the landfill control systems at the FSL. Activities Under this task, Consultant will assist the City in ongoing operations and maintenance activities associated with the groundwater treatment system and the landfill control systems. This task will consist of on-site and office activities necessary to maintain effective operation of the groundwater collection and treatment system, the LFG control system, and the function of the final landfill cover/stormwater management systems. This task includes the following activities: Operable Unit 1 Annual Report (Annual Activity) – Consultant will prepare a report, which is intended to document operations and maintenance activities associated with the landfill (LFG) control elements, including the landfill cover, stormwater management, and LFG control systems. The OU-1 Annual Report, to be submitted to EPA in February 2025, will address operations during the prior year. The OU-1 Annual Report will consist of the following elements: Summary of LFG flare operating data. This summary would include a listing of the LFG flare downtimes, including downtimes resulting in operation of the GTP in LFG flare bypass mode. Compilation of perimeter LFG monitoring probe data. ϴ Assessment of the condition of the landfill cover system and the stormwater management system. The assessment would rely on information generated during inspections of the landfill cover and stormwater management system performed by Consultant and/or City staff. Of particular importance is the inspection scheduled early fall, prior to onset of rainy weather. Overview of maintenance activities performed on the landfill control systems and description of repairs or equipment replacements. OU-1 Operations Assistance –This subtask will be used for the Consultant to assist the City with activities such as the landfill gas flare operation issue that arose in October 2023 with maintaining methane concentrations high enough to keep the flare operating. On an as- needed basis, Consultant will assist the City with landfill-related operations activities that cannot specifically be identified at this time. Currently, the Consultant is supporting the City with addressing the perimeter probe exceedance that was detected in June 2024. For budgeting purposes, this task is estimated at 100 labor hours. Landfill Inspection and Maintenance Assistance – Activities to be performed under this subtask will be focused on assisting the City in planning and performing landfill inspection and maintenance activities. Annual Landfill Inspection (Annual Activity) – The annual landfill inspection will be performed during the Fall of 2024. At the request of the City, additional inspections may be performed by CDM Smith following heavy precipitation events that could impact landfill control systems function. However, City staff are responsible for conducting the monthly and wet weather (considered to be October through March) inspections and completing the inspection forms that will be attached to the quarterly progress reports for submittal to EPA. A description of landfill inspection activities/procedures is provided below: x Focus of the inspections will be on the landfill control system elements, including landfill cover system, surface water management system, and LFG control system. x Highlight the need for performing routine maintenance activities related to the landfill control systems. x Highlight the need for performing corrective action activities to address damage, inoperable conditions, or failure of the landfill control systems. The descriptions will be specific to each of the landfill control system elements. x Prepare report to document inspection and to describe maintenance, repair, and corrective actions. x Identify landfill regrading needs identified as part of the landfill inspections. Due to the extensive subsidence on the landfill, the City currently are not completing monthly inspection forms. After construction of Design #1, CDM Smith will assist the City in developing updated inspection forms to be used during monthly inspections. The draft inspection forms will be submitted to the EPA for review and comment before finalization and implementation. ϵ Annual Evaluation of Extraction Well Performance (Annual Activity) – Consultant will perform an evaluation of the performance of each extraction well on an annual basis. Performance factors to be considered during the performance evaluation will include specific capacity (pumping rate per foot of drawdown) and changes in pumping rate and drawdown over time, with comparison to historical data. The last report submitted in February 2024 covered operations up through the First Quarter 2023. With the recent replacements of PW-6B2 (December 2023) and PW-1C (June 2024), an evaluation of the extraction well system performance is not needed in 2024. The next extraction well performance assessment will be submitted in 2025. New Well Evaluations (Periodic Activity) – Consultant will perform groundwater modeling evaluations of proposed new water supply wells (agricultural and residential) in the vicinity of the FSL. The purpose of the new well evaluations is to assess the potential for impact to the existing groundwater remediation system at the FSL from operation of proposed new wells. Under the current arrangement, the County of Fresno, Department of Public Health, Environmental Health Division (Fresno County) notifies the City when a permit application for a new or replacement water supply well is submitted in a location within the well assessment zone. Based on groundwater modeling results, Consultant will either recommend that the well not be installed or recommend design modifications for the proposed well (e.g., depth of well, depth of annular seal, and length of screen zone). It is assumed that Consultant will perform two evaluations per year for the duration of the period of performance. This task is dependent on whether well permit requests within the well assessment zone are submitted to the County. Support for currently identified issues regarding the incorrect construction of residential wells at 2429 North Avenue and 3165 Hughes Avenue will be provided under Task 1 Monitoring Assistance. Groundwater Modeling – Based on discussions during a series of OU-2 Phase 3 Remedial Action Performance Evaluation technical meetings with EPA (starting in August 23, 2023), the EPA requested that the City submit a Groundwater Technical Memorandum that would provide an evaluation of the performance of the remedial action using a groundwater model calibrated with the groundwater sampling data collected since implementation of the remedy. The TM should also include an updated conceptual site model. With the City’s approval in December 2023 to commence work on this TM, CDM Smith began work on this TM, with efforts on this new activity tracked as an as-needed task. In Addendum No. 3, it was assumed that this task would be 100 labor hours during the period October 2023 through June 2025. However, as of May 2024, the as-needed task has logged over 400 hours and additional work is still required to complete this task to produce a draft report that addresses the EPA’s requests. This Addendum No. 4 budget includes funding to complete a draft groundwater TM for submittal to the EPA. Budget for completing further versions of the TM (e.g., draft finals and final reports) cannot be estimated at this time and are not included in this amendment. In addition, a sensitivity analysis of the groundwater model revealed that the model results are highly sensitive to the pumping rates of the water supply wells operated by the City and other public agencies. Since the model was last calibrated in 2018, CDM Smith contacted ϭϬ the City of Fresno Water Department on June 10, 2024, to determine if updated pumping rates were available. The City Water Department revealed significant changes to the City water supply system with transition to surface water supplies in place of groundwater. Since the transition to surface water use is a regional change, the pumping rates of other surrounding cities likely also have changed. This boundary condition change will require the groundwater model to be recalibrated. The recalibration budget is listed under the Groundwater Modeling task, separate from the draft groundwater TM. Assumptions With monthly requests from Consultant, City staff will provide Consultant with information listed below in a timely manner. The requested information constitutes critical information for reporting to EPA (e.g., Quarterly Progress Reports, OU-2 Annual Performance Monitoring Report, OU-1 Annual Report). Downloads of the SCADA system in Excel with operations data for the groundwater remediation system (data from extraction well operations and groundwater treatment plant operations) and for the landfill gas (LFG) flare system (LFG flare operations). Consultant will compile these data and make necessary assumptions and calculations for filling data gaps. Weekly maintenance summaries for the groundwater remediation system and the LFG flare. City staff will provide Consultant with information required for completion of the Groundwater TM in a timely manner. Deliverables 1.OU-1 Annual Report (Annual Deliverable) - A draft report will be submitted to the City for review. The report will be revised based on review comments from the City and finalized for submittal to EPA. One OU-1 Annual Reports will be prepared under this scope of work, with a submittal date of February 2025. 2.Annual Extraction Well Performance Evaluation Technical Memorandum (Annual Deliverable) - The technical memorandum, which will document the performance evaluation on each of the groundwater extraction wells, will be submitted to the City. This technical memorandum is not intended as a formal submittal to EPA. One Extraction Well Performance Evaluation will be prepared under this scope of work, with a submittal date of June 2025. 3.New Well Evaluations (Periodic Deliverables) - At the conclusion of each new well evaluation that is performed, a letter to the City will be prepared for submittal to the City which documents groundwater modeling results and provides well construction recommendations. This deliverable is only required if the County receives new well requests within the well assessment zone during the contract period. Task 3 – Superfund Site Delisting Pathway – Planning and Implementation There will be no Task 3 services performed during 2023, 2024, or 2025. ϭϭ Task 4 – Vapor Intrusion Investigation – Round 3 (OU-1) The two subtasks included under Task 4 are briefly described below. Subtask 4.1 – Soil Gas Sampling Program. During 2021, EPA directed the City to perform soil gas sampling from selected LFG perimeter monitoring probes (located along the perimeter of the landfill). Three rounds of vapor intrusion (VI) sampling have been conducted: Round 1 (Fall 2022) and Round 2 (Spring 2023), as defined in the VI Investigation Work Plan (approved by EPA in October 2022) and Round 3 (Summer 2024) as defined in the Vapor Intrusion Investigation Work Plan Addendum for the Fresno Municipal Sanitary Landfill Superfund Site, dated September 15, 2023 (approved by EPA on September 21, 2023). Subtask 4.2 – Landfill Surface Emissions (SEM) Testing. Consultant prepared the SEM Work Plan in October 2022, and the City started performing SEM in May 2023. SEM results collected over the past year indicate that SEM monitoring will be required quarterly. Consultant will assist the City in preparing quarterly reports summarizing surface emissions monitoring activities and presenting the results of the emissions testing. City staff will be responsible for performing the SEM on a quarterly basis. Subtask 4.1 – Soil Gas Sampling Program Objective Prepare a Vapor Intrusion Evaluation Report documenting the third round of vapor intrusion (VI) sampling to further assess the risk to human health from migrating LFG at locations in the areas of concern near the landfill identified in the July 2023 VI report. Activities The Consultant will prepare a Vapor Intrusion Evaluation Report describing the investigation activities performed during Round 3 (in June 2024) and presenting data generated during the investigation activities. The analytical results will be compared to ESLs and RSLs, and an evaluation of the potential risk to human health. Assumptions EPA will not require additional indoor air or soil gas sampling beyond the third round of sampling conducted in June 2024. EPA will have one round of review comments in response to the VI Evaluation Report. These comments will include a compilation of comments from the State regulatory agencies. Technical calls/meetings with EPA. Consultant will participate in calls with EPA to discuss the evaluation of data and responses to EPA review comments on the VI Evaluation Report, under Task 5. Formal written responses to EPA comments (RTCs) on the VI Evaluation Report will be prepared under Task 1. Based on the results of Round 3 sampling activities, EPA is expected to direct the City to plan and implement additional soil gas investigation. However, the level of effort for future investigation cannot be estimated at this time. The VI report needs to be completed and the results discussed with the EPA before the scope for Round 4 can be determined. For ϭϮ budgeting purposes, it is assumed that additional VI consulting for planning of a future VI investigation and discussions with the EPA will be limited to 50 labor hours. Deliverables Vapor Intrusion Evaluation Report (One-Time deliverable). A draft report will be submitted to EPA. If requested from EPA, a final report that incorporates EPA’s input will be prepared for submittal to EPA. Subtask 4.2 – Landfill Surface Emissions Testing Objective Prepare quarterly report to EPA documenting the field activities and presenting the results of the emissions testing. Activities Federal guidelines allow a reduction in frequency of SEM to annual monitoring if methane is not detected above 500 ppm for three consecutive quarters. However, past SEM results (Q2 2023, Q4 2023, and Q1 2024) consistently recorded detections above 500 ppm indicating that SEM monitoring will be required quarterly. Consultant will prepare quarterly reports for the period March 2024 through June 2025 (Q Q2, Q3, and Q4 2024; and Q1 2025). The objectives of the technical memorandum are to document the SEM program activities and to present the monitoring data. Each technical memorandum will be submitted to EPA, following draft document submittal to City staff for review and Consultant incorporation of revisions from City staff. City staff will be responsible for performing the SEM on a quarterly basis. Assumptions City staff will perform quarterly field methane surface emissions monitoring activities. Monitoring data will be provided to Consultant following each quarterly monitoring event. Deliverables SEM Technical Memorandum (Periodic Deliverables) – A technical memorandum will be prepared to document each quarterly monitoring event. Three technical memoranda have already been prepared (Q2 2023, Q4 2023, and Q1 2024). It is expected that four more SEM technical memoranda will be prepared (Q2, Q3, and Q4 2024 and Q1 2025). Since quarterly reports are being prepared, an annual report is no longer needed. Task 5 –Project Management/Project Meetings Objectives Meet project scope, schedule, and budget requirements. Maintain effective communication with the City, EPA, and other regulatory agency staff on key project issues. Activities The activities described below are to be performed during 2023 through June 2025. ϭϯ Perform routine project management activities, which will include staff oversight, budget management, invoicing, and coordination with the City on budget and scope of work development. Prepare schedule updates, as needed. Participate in project meetings and project conference calls, including prepare meeting presentation materials and other handouts responding to EPA requests. Prepare quarterly reports providing status updates regarding remedial actions implemented at the FSL. Consultant will submit draft quarterly reports to the City. Prepare contracting documents for multiple subcontractors. Interact with EPA in preparation for and during implementation of the field activities. Assumptions The City will finalize the quarterly reports with transmittal of the reports to EPA. The budget reflects participation in only one monthly project conference call during 2024 and 2025. In addition, there will be one project status meeting at the FSL Site during 2024. Deliverables 1.Monthly invoices and Email Progress Reports (Periodic Deliverables) - to the City documenting Consultant work performed. 2.Presentation materials and handouts (As-needed Deliverables) - responding to EPA requests for periodic project meetings or teleconferences. 3.Quarterly Project Reports (Periodic Deliverables) - prepared during 2024 (July, and October), and 2025 (January and April). Task 6 – Landfill Regrading/Landfill Control Systems Repair – Design, Bid Period, and Construction Period Services (OU-1) The City began implementation of a Landfill Regrading Program to address differential settlement that has occurred on the landfill. The Landfill Regrading Program was developed as two design projects described below: Landfill Regrading Design #1 – The Design #1 addresses settlement along the eastern side slopes, eastern perimeter drainage channel and eastern access road. Repairs of the landfill gas control system are also included. Landfill Regrading Design #2 – Design #2 addresses settlement of the remaining portions of the FSL, including the southern, northern, and western side slopes and the top deck of the landfill. Design #2 activities are not included in this current scope and budget for 2024. ϭϰ Subtask 6.1 – Landfill Regrading Program – Design #1: Drainage Channel Regrading and Gas Control System Maintenance Subtask 6.1 – Landfill Regrading Program Design #1– Design for the project titled East Slope Drainage Regrading and Gas System Upgrades Project was initiated in 2021 and completed in 2022 with submittal of the 100% design documents in June 2022. Objectives Provide revised design documents of the original submittal in June 2022 to address City comments before issuing the contract out for bid in July 2024. Provide bid period and construction period support services associated with construction of Design #1. Activities Pre-Bid Period Services The City’s Capital Improvements Department requested modifications to the Design #1 plans and specifications and an updated OPCC before issuing the contract out for bid in July 2024. Several iterations of these documents were prepared by CDM Smith (in March, April, May, June, and July 2024) in response to reviews conducted separately by different Fresno department entities. Bid Period Services Bid Period Services for Design #1 is expected to be performed during August 2024. This subtask will include participation in the City’s pre-bid conference and preparation of responses to Bid Period requests-for-information (RFIs). It is assumed that this task will be limited to 50 labor hours. Construction Period Services Construction Period Services are expected to be performed beginning in Fall 2024. This subtask will consist of Contractor submittal review, preparing responses to construction RFIs, and periodic construction oversight. Construction oversight can include specialty inspection, targeted participation in construction meetings, assistance in change order preparation, assistance in claims support, and assistance in preparation of a project punch list. It is assumed that this task is limited to 100 labor hours. Reporting This subtask will consist of preparing a Tech Memo to document the Task 6 construction efforts. The Tech Memo is intended for submittal to the EPA. Given that this construction project is a maintenance project, the report will be less detailed than the Interim Remedial Action Report that had been prepared to document past remedial action construction activities performed at the FSL. Assumptions No additional revisions of the Design #1 documents will be required. Up to two visits to the FSL by CDM Smith staff during the Bid Period. ϭϱ Up to five visits to the FSL by CDM Smith staff during the Construction Period. Deliverables Prepare responses to Contractor RFIs during and following the bid period. Prepare a tech memo to document the Design #1 construction activities. Schedule The scope of work and budget presented above reflects project duration from August 2024 through June 2025. All deliverables will be electronic deliverables; no print copies will be produced. The schedule for project deliverables is provided below: Annual and or Periodic Deliverables 1. Landfill Quarterly Progress Reports (Q2, Q3, and Q4 2024; and Q1 2025) – July and October 2024; and January and April 2025. 2. SEM Quarterly Reports (Q2, Q3, and Q4 2024; and Q1, Q2, and Q3 2025) – July and October 2024; and January and April 2025. 3. OU-2 Regulatory Interim Data Transmittal – January 31, 2025 4. OU-1 Annual Report –February 28, 2025. 5. Technical Memorandum to document the annual well performance evaluation – September 2025. 6. OU-2 Annual Performance Monitoring Program Report – July 31, 2024. 7. New Well Evaluations – The results of groundwater modeling to evaluate proposed new agricultural or domestic water supply wells will be documented in a brief letter report to the City. This work will be performed on an as-needed basis throughout the contract period. – As needed. 8. Responses to Comments from EPA on technical deliverables – As needed. 9. Monthly invoices and progress reports. One-time Deliverables 1. Vapor Intrusion Evaluation Report of Findings – Within 3 months following receipt of all analytical data. 2. Task 6.1 Design Deliverables: Responses to Construction Contractor Requests for Information (RFIs) during pre- construction activities – As needed. ϭϲ Design #1 Construction Completion Tech Memo Budget – 2 months following construction completion. The cost for the work described above is $526,490. A cost breakdown is shown on Table 1 – Proposed Adjustment for Amendment #4, Revision 1 (August 2024), Groundwater and Landfill Remediation Services, Fresno Sanitary Landfill (OU-1 and OU-2). This estimate constitutes the budget for services during Year 2024 (Supplemental) through June 2025. THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this _____ day of _________ 2023, amends the Consultant Services Agreement entered into between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as CITY), and CDM Smith, Inc., a Massachusetts Corporation (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, the CITY and CONSULTANT entered into a Consultant Services Agreement on February 1, 2022 (Agreement), as amended on December 20, 2022 (First Amendment) to provide professional consulting services for Environmental Groundwater Remedial Action and Regrading Design for the Fresno Sanitary Landfill Superfund Site for a total fee of $660,450; and WHEREAS, the CITY and CONSULTANT entered into a Second Amendment to the Agreement on March 31, 2023 (Second Amendment) to expand the scope of services for a total fee of $745,650; and WHEREAS, the CITY and CONSULTANT desire to expand the scope of services and extend the agreement to June 30, 2025, to complete the expanded requirements from the US Environmental Protection Agency; and WHEREAS, due to the need for additional services, the parties desire to increase the total compensation by an additional $644,753 to complete the expanded Scope of Services; and WHEREAS, with entry into this Amendment, CONSULTANT agrees that it has no claim, demands, or disputes against the CITY. AGREEMENT NOW, THEREFORE, the CITY and the CONSULTANT agree that the aforesaid Agreement be amended as follows: 1. Exhibit A of the Agreement is amended to expand the scope of services as indicated in Exhibit A, attached hereto, and incorporated herein by reference. 2. Section 3(a) of the Agreement is amended in its entirety to read as follows: “(a) CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of One Million Three Hundred Ninety Thousand Four Hundred and Three Dollars ($1,390,403). Such fee includes all expenses incurred by CONSULTANT in performance of the services.” 3. Except as otherwise provided herein, the Agreement, First Amendment and Second Amendment entered into by the City and Consultant, remain in full force and effect. [SIGNATURES FOLLOW ON THE NEXT PAGE.] SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ______ day of _________________, 2023, amends the Consultant Services Agreement entered into between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as CITY), and CDM Smith, Inc., a Massachusetts Corporation (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, the CITY and the CONSULTANT entered into a Consultant Services Agreement on February 1, 2022 (Agreement), as amended on December , 2022 (First Amendment) to provide professional consulting services for Environmental Groundwater Remedial Action and Regrading Design for the Fresno Sanitary Landfill Superfund Site for a total fee of $660,450; and WHEREAS, the CITY and the CONSULTANT expanded the scope of services and extend the agreement to December 31, 2023, to expand requirements from the US Environmental Protection Agency; and WHEREAS, due to the need for additional services, the parties desire to increase the total compensation by an additional $85,200 to complete the expanded Scope of Services; and WHEREAS, with entry into this Amendment, CONSULTANT agrees that it has no claim, demands, or disputes against the CITY. AGREEMENT NOW, THEREFORE, the CITY and the CONSULTANT agree that the aforesaid Agreement be amended as follows: 1. Exhibit A of the Agreement is amended to expand the scope of services as indicated in Exhibit A2, attached hereto, and incorporated herein by reference. Section 3(a) of the Agreement is amended in its entirety to read as follows: “(a)CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of Seven Hundred Forty Five Thousand Six-Hundred Fifty Dollars ($745,650.00). Such fee includes all expenses incurred by CONSULTANT in performance of the services.” Except as otherwise provided herein, the Agreement and First Amendment entered into by the City and Consultant, remain in full force and effect. [SIGNATURES FOLLOW ON THE NEXT PAGE.] IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this Second Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Brock D. Buche, PE, PLS Director of Public Utilities APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Date CDM Smith, Inc., a Massachusetts corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres Or Vice Pres ) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Attachment: Exhibit A2 –Supplemental Scope of Services 1 Exhibit A SUPPLEMENTAL SCOPE OF SERVICES Consultant Services Agreement between City of Fresno (“City”) And CDM Smith Inc. (“Consultant”) 5RXQG 9DSRU ,QWUXVLRQ ,QYHVWLJDWLRQ )resno Sanitary Landfill PROJECT TITLE Supplemental Scope of Work and Budget for 2023 Fresno Sanitary Landfill Introduction Provided below are descriptions of work tasks to be performed by CDM Smith Inc. (Consultant) on behalf of the City of Fresno (City) as part of ongoing operations at the Fresno Sanitary Landfill Superfund Site (“FSL” or “Site”). Ongoing activities are being performed as part of Operable Unit No. 1 (OU-1 – landfill control system operations and maintenance) and OU-2 (groundwater remediation system operations and maintenance). The ultimate objective of the continued work is to achieve formal closure of the FSL Superfund Site under the oversight of the U.S. Environmental Protection Agency (EPA). The existing agreement between the City and Consultant includes work activities to be performed during 2023 (City Council approval on December 15, 2022). This Supplemental scope of work and budget consists of planning and implementation of a second round of a vapor intrusion investigation. The first round had been performed October 2022. Additional scope and budget for the Project Management task is also included. Work described below is defined in terms of the two of the existing five project tasks: Task 4 – Vapor Intrusion Investigation – Round 2 (OU-1) Task 5 – Project Management/Project Meetings Table A-1 consists of a summary of the estimated costs for this scope of work. The total cost for this work is $85,200. Task 4 – Vapor Intrusion Investigation – Round 2 (OU-1) Objective Plan and implement the second round of vapor intrusion sampling to assess the risk to human health from migrating LFG at locations near the landfill. Activities The second round of sampling will be consistent with air sample collection performed during Round 1 (implemented in October 2022), as defined in the Vapor Intrusion (VI) Investigation Work Plan (approved by EPA in October 2022). 2 Collect indoor air samples at the Groundwater Treatment System (GTP)/Landfill Gas (LFG) Flare Control Building and an elevated trailer used by the City P$5&6 Department (located north of the FSL near Jensen Avenue). Sample collection will be performed under conditions of HVAC system operating and HVAC system not operating. Outdoor air samples will also be collected in conjunction with indoor air samples to assess ambient and background air conditions. Drill and install a 15-foot deep soil gas probe near the southeast corner of the landfill property near North Avenue (at the SG-5 location). The soil gas probe will be installed by a California C-57 licensed drilling subcontractor using a hollow-stem auger drill rig. No soil or groundwater samples will be collected and submitted for laboratory analysis. Collect a soil gas sample from SG-5 at 15-foot depth. In addition to the newly installed soil gas probe described above, soil gas samples will be collected from SG-2 at 5-foot and 15-foot depths, SG-3 at 5-foot and 15-foot depths, and SG-5 at 5-foot depth. Indoor air and outdoor air samples will be collected by CRQVXOWDQW V personnel, while soil gas samples will be collected by &RQVXOWDQW V subcontractor H&P Mobile Geochemistry of Carlsbad, California. Indoor air samples and soil gas samples will be collected in laboratory-supplied Summa canisters and analyzed in accordance with the following methods: Indoor air and outdoor air samples for VOCs by Environmental Protection Agency Method TO-15 (SIM). Soil gas samples for VOCs by EPA Method TO-15. Soil gas samples for Helium by modified ASTM D-1945 – atmospheric gas analysis Deliverables Round 2 VI Investigation Work Plan. This work plan will consist of an e-mail describing the Round 2 VI activities Vapor Intrusion Evaluation Report. This Report will describe the investigation activities performed during Round 1 (2022) and Round 2 (2023) and present data generated during these investigation activities. The analytical results will be compared to ESLs and RSLs, and an evaluation of the potential risk to human health. The Report will be submitted to EPA. Technical calls/meetings with EPA. Consultant will participate in calls with EPA during preparation for field activities, evaluation of data, and preparing responses to EPA review comments on the VI Evaluation Report. Formal written responses to EPA comments (RTCs) 3 on the VI Evaluation Report will be prepared. If requested from EPA, a final report that incorporates EPA’s input will be prepared for submittal to EPA. Assumptions EPA will not require additional indoor air or soil gas sampling beyond the second round of sampling described above. EPA will have one round of review comments in response to the VI Evaluation Report. These comments will include a compilation of comments from the State regulatory agencies. Task 5 –Project Management/Project Meetings The Task 5 activities are supplemental to the Project Management activity descriptions provided in the existing agreement between the City and WKH &RQVXOWDQW. Budget was added to account for additional project management effort associated with the VI Investigation planning, implementation, reporting, and meeting with EPA. Schedule The schedule information presented below applies to the scope of work associated with the VI Investigation described above. Deliverables and Activities Associated with the VI Investigation Round 2 Work Plan for the VI Investigation – March 2023 Round 2 VI Investigation – March 31, 2023 VI Evaluation Report – 60 days following receipt of final analytical reports Response to EPA Comments on the VI Evaluation Report – 30 days following receipt of compiled regulatory agency comments from EPA Budget The cost for the work described above is $85,200. A cost breakdown is provided on Table A-1 – Groundwater and Landfill Remediation Services, Supplemental Budget for Year 2023 – Round 2 VI Investigation. This cost estimate constitutes the budget for the supplemental services associated with Round 2 of the VI Investigation during 2023. Table A-1Groundwater and Landfill Remediation ServicesSupplemental Budget for Year 2023 - Round 2 Vapor Intrusion InvestigationFresno Sanitary Landfill (Operable Unit-1 and Operable Unit-2)Task DescriptionLabor ODCs OPs Total$$$$Task 1 Performance Monitoring Program$0$0$0 $0Task 2 Remedial Action Systems Operations Assistance0000Task 3 Superfund Site Delisting Pathway -- Planning$0$0$0 $0Task 4 Field Investigation Activities$47,900 $5,250 $22,050 $75,200Subtask 4.1Vapor Intrusion Investigation - Round 2Round 2 - Field Activities$20,900 $5,250 $22,050 $48,200Vapor Intrusion Evaluation Report$20,000$0$0 $20,000Meetings with EPA$7,000$0$0 $7,000Task 5 Project Management/Project Meetings$10,000 $0$0 $10,000Project Management -- March through August$10,000$0$0 $10,000Project Meetings -- March through August$0$0$0$0TOTALS$57,900 $5,250 $22,050 $85,200Notes:CRQVXOWDQW will complete the tasks listed in the table on a time and materials basis, not to exceed a total of $85,200.Labor costs will be billed at actual salary rates times a 3.05 multiplier.'Other Direct Costs' (ODCs) and 'Outside Professional' (OPs) charges will be billed with a 5% mark-up. 1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of ____________, 2022, amends the Consultant Services Agreement entered into between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as CITY), and CDM Smith, Inc., a Massachusetts Corporation (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, the CITY and the CONSULTANT entered into a Consultant Services Agreement on February 1, 2022 (Agreement) to provide professional consulting services for Environmental Groundwater Remedial Action and Regrading Design for the Fresno Sanitary Landfill Superfund Site for a total fee of $429,850; and WHEREAS, the CITY and the CONSULTANT now desire to expand the scope of services and extend the agreement to December 31, 2023, to expand requirements from the US Environmental Protection Agency; and WHEREAS, due to the need for additional services, the parties desire to increase the total compensation by an additional $230,600 to complete the expanded Scope of Services; and WHEREAS, with entry into this Amendment, CONSULTANT agrees that it has no claim, demands, or disputes against the CITY. AGREEMENT NOW, THEREFORE, the CITY and the CONSULTANT agree that the aforesaid Agreement be amended as follows: 1. Exhibit A of the Agreement is amended to expand the scope of services and extend the Agreement to December 31, 2023, as indicated in Exhibit A2, attached hereto and incorporated herein by reference. 2. Section 3(a) of the Agreement is amended in its entirety to read as follows: “(a) CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of Six Hundred Sixty Thousand Four-Hundred Fifty Dollars ($660,450.00). Such fee includes all expenses incurred by CONSULTANT in performance of the services.” 3. Except as otherwise provided herein, the Agreement entered into by the CITY and the CONSULTANT on February 01, 2022, remains in full force and effect. [SIGNATURES FOLLOW ON THE NEXT PAGE.] 2 IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this First Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Brock D. Buche, PE PLS Director of Public Utilities APPROVED AS TO FORM: RINA M. GONZALES Interim City Attorney By: Angela M. Karst Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Date CDM Smith, Inc., a Massachusetts corporation By: Name: Title: (If corporation or LLC., Board Chair, Pr Or Vi Pr ) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Attachment: Exhibit A2 – Additional Professional Services 1 EXHIBIT A2 ADDITIONAL PROFESSIONAL SERVICES Supplemental Scope of Work and Budget for Year 2022 (supplemental) and Budget for Year 2023 - Revised Fresno Sanitary Landfill Introduction Provided below are descriptions of work tasks to be performed by CDM Smith Inc. (Consultant) on behalf of the City of Fresno (City) as part of ongoing operations at the Fresno Sanitary Landfill Superfund Site (“FSL” or “Site”). Ongoing activities are being performed as part of Operable Unit No. 1 (OU-1 – landfill control system operations and maintenance) and OU-2 (groundwater remediation system operations and maintenance). The ultimate objective of the continued work is to achieve formal closure of the FSL Superfund Site under the oversight of the U.S. Environmental Protection Agency (EPA). This scope of work presented below describes work to be performed during the fourth quarter of 2022 and extends through the end of 2023. The existing agreement between the City and Consultant reflects work activities to be performed during 2022. One of these work activities consisted of planning and implementation of a vapor intrusion investigation to be performed in the vicinity of the FSL. During development of the work plan for this field investigation, EPA required an expansion of the scope for the field investigation with the addition of several work elements. The scope of work presented below reflects the expanded investigation requirements. Additionally, this scope of work includes work activities to be performed during Year 2023. These scope of work activities are a continuation of work performed under the previous contract with the City during the four-year period 2016 through 2019 and during the Year 1 Extension (2020) and the Year 2 Extension (2021). Work described below is defined in terms of the five project tasks listed below: Task 1 – Performance Monitoring Program Task 2 – Remedial Action Systems Operations Assistance Task 3 – This task will not be used during 2023. Task 4 – Field Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 6 – Landfill Regrading Program – Pre-Construction Period Services Table A-1 consists of a summary of the estimated costs for this scope of work. The total cost for this work is $230,600 for the fourteen-month period of performance (November 2022 through December 2023). Task 1 – Performance Monitoring Program Objectives Provide oversight during implementation of the annual performance monitoring program as part of the Groundwater Remedial Action at the FSL. Monitor and evaluate progress of groundwater remediation. 2 Document the performance monitoring activities and laboratory analytical results in an annual report and an interim data transmittal to the EPA. Prepare responses to review comments from EPA (and other State regulatory agencies). Activities Groundwater Monitoring Program – The Groundwater Monitoring Program at the FSL has been ongoing for several years. City personnel performs the quarterly field sampling activities, including making arrangements with the analytical laboratory (e.g., analyses to be performed, sampling containers, delivery of sampling containers to the Site) and sample collection from the groundwater monitoring wells, groundwater extraction wells, and the groundwater treatment plant (GTP) influent and effluent sampling ports. Consultant will coordinate with the City in the ongoing implementation of this program. The activities described below are to be performed during the year 2023. Quarterly sampling events are scheduled to be performed during January, April, July, and October. As part of this task, Consultant will be responsible for the following activities: Coordinate with City field personnel during field sampling events to be performed in January, April, July, and October. This includes making City staff aware of modifications to the performance monitoring program activities. Recommended modifications to the sampling program (e.g., increasing/decreasing frequency of sampling for individual monitoring wells) are to be proposed as part of the annual performance monitoring report. Identify and work to resolve issues that come up regarding laboratory analytical results (e.g., apparent mislabeling between two sample locations, investigate what appears to be anomalous analytical data, etc.). Prepare the two deliverables associated with the Groundwater Monitoring Program, including the Interim Data Transmittal and the Annual Performance Monitoring Program Report. These deliverables are described below. Environmental Database – Maintain the environmental database, including upload of analytical data upon receipt from the analytical laboratory following each quarterly sampling round. Database management will include performing data queries and preparing data summary tables that will be included in the interim data transmittal (electronic transmittal) and the annual performance monitoring program report (hard copy submittal and/or electronic transmittal). Responses to Regulatory Agency Review Comments (RTCs) – EPA and the State regulatory agencies typically submit review comments on a range of project submittals. This task will involve preparing RTCs for technical deliverables scheduled for submittal to EPA including the OU-1 Annual Report, OU-2 Interim Data Transmittal, and OU-2 Annual Performance Monitoring Program Report. 3 Assumptions Analysis of organic constituents is currently being performed by BSK Associates Engineers & Laboratories (BSK) in Fresno, CA under direct bill contract with the City. The analytical laboratory may be changed at the discretion of the City. Analysis of inorganic constituents is currently being performed by the City of Fresno Wastewater Management Division Analytical Laboratory (WMD) in Fresno, CA, under direct bill arrangements with the City. Deliverables 1. Interim Data Transmittal – The Interim Data Transmittal will consist of data summary tables and figures for the July and October groundwater monitoring events. The Interim Data Transmittal will be submitted directly to EPA via e-mail in January 2022. 2. Annual Performance Monitoring Program Report (Annual Report) – The Annual Report will cover the July and October 2022 and the January and April 2023 groundwater monitoring events. A draft document will be submitted to City staff for review. Consultant will incorporate revisions from City staff and prepare final report for submittal to the EPA. The Annual Report, to be submitted to EPA in July 2023, will include the following elements: Compilation of quarterly monitoring data (field and analytical laboratory data) and GTP operational data. Preparation of data summary tables and graphics. Data summary tables will include groundwater extraction well operational data, groundwater treatment unit performance monitoring data, volatile organic compound (VOC) mass removal, groundwater level measurements, head differential measurements (well clusters), VOC analytical data, inorganic constituent data, and quality control data. Graphics will include groundwater elevation contours for two of the quarterly monitoring events and VOC concentration trend plots. Based on the Long Term Monitoring Optimization Plan (Plan) (CDM Smith, 2007), Consultant will perform an evaluation of the groundwater monitoring wells included in the monitoring program and will make recommendations in accordance with the criteria defined in the Plan. This evaluation will be completed following the April performance groundwater monitoring event. The results of this evaluation will be documented in the Annual Report. Task 2 – Remedial Action Systems Operations Assistance Objectives Support the high-quality performance of the landfill environmental control systems, including the landfill cover, landfill gas (LFG) control, and stormwater management systems. Assist City staff in the ongoing operations, monitoring, and maintenance of the groundwater remediation system and the landfill control systems at the FSL. 4 Activities Under this task, Consultant will assist the City in ongoing operations and maintenance of the groundwater treatment system and the landfill control systems. This task will consist of on-site and office activities necessary to maintain effective operation of the groundwater collection and treatment system, the LFG control system, and the function of the final landfill cover/stormwater management systems. This task includes the following activities: Operable Unit 1 Annual Report (Annual Activity) – Consultant will prepare a report, which is intended to document operations and maintenance activities associated with the landfill (LFG) control elements, including the landfill cover, stormwater management, and LFG control systems. The OU-1 Annual Report, to be submitted to EPA in February, will address operations during the prior year. The OU-1 Annual Report will consist of the following elements: Summary of LFG flare operating data. This summary would include a listing of the LFG flare downtimes, including downtimes resulting in operation of the GTP in LFG flare bypass mode. Compilation of perimeter LFG monitoring probe data. Assessment of the condition of the landfill cover system and the stormwater management system. The assessment would rely on information generated during inspections of the landfill cover and stormwater management system performed by Consultant and/or City staff. Of particular importance is the inspection scheduled early fall, prior to onset of rainy weather. Overview of maintenance activities performed on the landfill control systems and description of repairs or equipment replacements. Surface Emissions Monitoring (SEM) – Consultant is currently preparing the SEM Work Plan (to be submitted in October 2022) for the City’s use in implementation of the SEM program at the FSL. City staff will be responsible for performing the SEM on a quarterly basis. Federal guidelines allow a reduction in frequency to annual monitoring if methane is not detected above 500 ppm for three consecutive quarters. Consultant will be available to provide input to City staff in terms of refinements to the SEM program at the FSL and to prepare a brief technical memorandum following each monitoring period. The objectives of the technical memorandum are to document the SEM program activities and to present the monitoring data. The technical memorandum will be submitted to EPA. Landfill Inspection and Maintenance Assistance – Activities to be performed under this subtask will be focused on assisting the City in planning and performing landfill inspection and maintenance activities. Annual Landfill Inspection (Annual Activity) – The annual landfill inspection will be performed during the Fall of 2023. At the request of the City, additional inspections may be performed following heavy precipitation events that could impact landfill control systems function. A description of landfill inspection activities/procedures is provided below: 5 x Focus of the inspections will be on the landfill control system elements, including landfill cover system, surface water management system, and LFG control system. x Highlight the need for performing routine maintenance activities related to the landfill control systems. x Highlight the need for performing corrective action activities to address damage, inoperable conditions, or failure of the landfill control systems. The descriptions will be specific to each of the landfill control system elements. x Prepare report to document inspection and to describe maintenance, repair, and corrective actions. x Identify landfill regrading needs identified as part of the landfill inspections. Wet Weather Inspections – Inspections will be performed during wet weather months (considered to be October through March). City staff will be responsible for performing these inspections, including completing the inspection form for submittal to Consultant who will review and submit to EPA. Quarterly Inspections – Given overlap with the other scheduled landfill inspections (Annual and wet weather Inspections, only one quarterly inspection during the year (June). City staff will be responsible for performing this inspection, including completing the inspection form for submittal to Consultant who will review and submit to EPA. Annual Evaluation of Extraction Well Performance (Annual Activity) – Consultant will perform an evaluation of the performance of each extraction well on an annual basis. Performance factors to be considered during the performance evaluation will include specific capacity (pumping rate per foot of drawdown) and changes in pumping rate and drawdown over time, with comparison to historical data. New Well Evaluations (Periodic Activity) – Consultant will perform groundwater modeling evaluations of proposed new water supply wells (agricultural and residential) in the vicinity of the FSL. The purpose of the new well evaluations is to assess the potential for impact to the existing groundwater remediation system at the FSL from operation of proposed new wells. Under the current arrangement, the County of Fresno, Department of Public Health, Environmental Health Division (Fresno County) notifies the City when a permit application for a new or replacement water supply well is submitted in a location within the well assessment zone. Based on groundwater modeling results, Consultant will either recommend that the well not be installed or recommend design modifications for the proposed well (e.g., depth of well, depth of annular seal, and length of screen zone). It is assumed that Consultant will perform two evaluations per year for the duration of the period of performance. Assumptions 1. With requests from Consultant, City staff will provide Consultant with information listed below in a timely manner. The requested information constitutes critical 6 information for reporting to EPA (e.g., Quarterly Progress Reports, OU-2 Annual Performance Monitoring Report, OU-1 Annual Report). Downloads of the SCADA system with operations data for the groundwater remediation system (data from extraction well operations and groundwater treatment plant operations) and for the landfill gas (LFG) flare system (LFG flare operations). Consultant will compile these data and make necessary assumptions and calculations for filling data gaps. Weekly maintenance summaries for the groundwater remediation system and the LFG flare. Deliverables 1. OU-1 Annual Report (Annual Deliverable). A draft report will be submitted to the City for review. The report will be revised based on review comments from the City and finalized for submittal to EPA. 2. Annual Extraction Well Performance Evaluation Technical Memorandum (Annual Deliverable). The technical memorandum, which will document the performance evaluation on each of the groundwater extraction wells, will be submitted to the City. This technical memorandum is not intended as a formal submittal to EPA. 3. New Well Evaluations (Periodic Deliverables). At the conclusion of each new well evaluation that is performed, a letter to the City will be prepared for submittal to the City which documents groundwater modeling results and provides well construction recommendations. 4. There may be deliverables associated with As-needed services that are authorized by the City under Task 2. Task 3 – Superfund Site Delisting Pathway – Planning and Implementation There will be no Task 3 services performed during 2023. Task 4 – Field Investigation Activities (Operable Unit 1) Objective Provide funding for supplemental field activities performed during the initial round of sampling. Activities The initial round of the vapor intrusion investigation sampling was performed during October 2022. EPA required a number of field investigation activities that expanded Consultant’s scope of work for the soil vapor intrusion field activities during 2022. Added elements of work included indoor air sampling in both the Control Building located in the groundwater treatment plant yard and the City’s elevated trailer (located on Jensen Avenue, outdoor air samples (collected both 7 with HVAC system operating and with HVAC system not operating), background air samples, and a second round of sampling for the landfill perimeter monitoring probes. 7 Assumptions Budget for this Task 4 consists of funding for supplemental work elements required by EPA as part of the vapor intrusion sampling program performed in October 2022. EPA will not require additional sampling beyond the second round of sampling described above. EPA will have one round of comments in response to information provided in the Vapor Intrusion Investigation Data Transmittal (Data Transmittal). Deliverables 1. Data Transmittal. Analytical data summary from the initial round of the vapor intrusion investigation. Data Transmittal will describe the investigation program details for 2022 and present the analytical results. The Data Transmittal will be submitted to EPA. 2. RTCs to EPA comments will be prepared. Activities The activities described below are to be performed during 2023. Perform routine project management activities, which will include staff oversight, budget management, invoicing and coordination with the City on budget and scope of work development. Prepare schedule updates, as needed. Participate in project meetings and project conference calls, including prepare meeting agendas and other handouts. Prepare quarterly reports providing status updates regarding remedial actions implemented at the FSL. Consultant will submit draft quarterly reports to the City. Assumptions The City will finalize the quarterly reports with transmittal to EPA. The budget reflects participation in monthly project conference calls for the first quarter of 2023 followed by quarterly project conference calls. In addition, there will be one project status meeting at the FSL Site during 2023. Deliverables 1. Project Quarterly Reports prepare during January, April, July, and October during 2023. 2. Monthly invoices to the City documenting Consultant work performed. 3. Agenda and handouts for periodic project meetings or teleconferences. Task 6 – Landfill Regrading Program – Pre-Construction Period Services (OU-1) for Design #1 8 During 2021, the City began implementation of a Landfill Regrading Program to address differential settlement that has occurred on the landfill. The Landfill Regrading Program was developed as two design projects. During 2023, Consultant will provide pre-construction period services associated with Design #1. Design #1 was focused on regrading the eastern side of the landfill, addressing settlement along the eastern side slopes, eastern perimeter drainage channel and eastern access road. Additionally, repairs were required of the landfill gas control system. Objectives Provide pre-construction period support services associated with construction of Design #1. Activities Pre-construction support services will consist of review of requests-for-information (RFIs) from prospective Contractors and participation in pre-construction meetings at the FSL. It is assumed that this task is limited to 40 labor hours. Assumptions This task is limited to pre-construction activities leading up to the construction project for Design #1. The City intends to provide additional scope and budget for Consultant prior to the beginning of construction activities for the Design #1 project. Deliverables Prepare responses to Contractor RFIs during or following the bid period. Schedule The scope of work and budget presented above reflects project duration from January through December 2023. The schedule for project deliverables is provided below: Annual and or Periodic Deliverables 1. Quarterly Reports – January, April, July, and October during 2023. 2. Interim Data Transmittal – January 31, 2023. 3. OU-1 Annual Report – February 31, 2023. 4. Technical Memorandum to document the annual well performance evaluation – June 2023. 5. Spring 2023 Annual Performance Monitoring Program Report – July 31, 2023. 6. New Well Evaluations – The results of groundwater modeling to evaluate proposed new agricultural or domestic water supply wells will be documented in a brief letter report to the City. This work will be performed on an as-needed basis throughout 2023. One-time Deliverables 1. Vapor Intrusion Evaluation Report of Findings – June 30, 2023 2. Task 6.1 Design Deliverables: 9 Responses to Construction Contractor Requests for Information (RFIs) during pre-construction activities As needed Budget The cost for the work described above is $230,600. A cost breakdown is provided on Table 1 – Groundwater and Landfill Remediation Services, Budget for Year 2022 (Supplemental) and Year 2023, Fresno Sanitary Landfill (OU-1 and OU-2). This estimate constitutes the budget for services during Year 2022 (Supplemental) and Year 2023. Table 1. Groundwater and Landfill Remediation Services Budget for Year 2022 (Supplemental) and Year 2023 Fresno Sanitary Landfill (Operable Unit-1 and Operable Unit-2 Task Description Fee 1 Performance Monitoring Program $65,850 2 Remedial Action Systems Operations Assistance $61,230 3 Superfund Site Delisting Pathway – Planning $0 4 Field Investigation Activities $52,200 5 Monthly Meetings $44,320 6 Landfill Regrading/Control Systems Repair Design $7,000 TOTALS $230,600 ALL-S 3.0/12-2021 -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective on _________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and CDM Smith, Inc., a Massachusetts Corporation (Consultant). RECITALS WHEREAS, City desires to obtain professional Groundwater Remedial Action services for Fresno Sanitary Landfill Groundwater Remediation Services (Project); and WHEREAS, Consultant is engaged in the business of furnishing services as a Consulting Engineer and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for City by its Director of Public Utilities(Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. Consultant shall perform to the satisfaction of City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through December 31, 2022, subject to any earlier termination in accordance with this Agreement. The services of Consultant as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3. Compensation. (a) Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of $429,850. Such fee includes all expenses incurred by Consultant in performance of the services. (b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business. &)&+ ALL-S 3.0/12-2021 -2- (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies and Force Majeure. (a) This Agreement shall terminate without any liability of City to Consultant upon the earlier of: (i) Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Consultant; (ii) seven calendar days prior written notice with or without cause by City to Consultant; (iii) City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to City any and all unearned payments and all properties and materials in the possession of Consultant that are owned by City. Subject to the terms of this Agreement, Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of Consultant to satisfactorily perform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, City’s damages caused by such failure. In no event shall any payment by City pursuant to this Agreement constitute a waiver by City of any breach of this Agreement which may then exist on the part of Consultant, nor shall such payment impair or prejudice any remedy available to City with respect to the breach. (d) Upon any breach of this Agreement by Consultant, City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) Consultant shall provide City with adequate written assurances of future performance, upon Administrator’s request, in the event Consultant fails to comply with any terms or conditions of this Agreement. (f) Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual ALL-S 3.0/12-2021 -3- capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Consultant shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. 5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by Consultant pursuant to this Agreement shall not be made available to any individual or organization by Consultant without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Consultant shall not, without the prior written consent of City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in City. (b) Any and all writings and documents prepared or provided by Consultant pursuant to this Agreement are the property of City at the time of preparation and shall be turned over to City upon expiration or termination of the Agreement. Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Consultant represents to City that Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Consultant and any subcontractors to do and perform such services in a skillful manner and Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by City shall not operate as a release of Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, Consultant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation ALL-S 3.0/12-2021 -4- expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. ALL-S 3.0/12-2021 -5- (d) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor/sub- consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with Consultant and City prior to the commencement of any services by the subcontractor. Consultant and any subcontractor/sub-consultant shall establish additional insured status for City, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to City’s execution of this Agreement, Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, Consultant shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Consultant in such statement. (b) Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, Consultant shall immediately notify City of these facts in writing. (c) In performing the work or services to be provided hereunder, Consultant shall not employ or retain the services of any person while such person either is employed by City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither Consultant, nor any of Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. Consultant and any of its subcontractors shall have no interest, direct or indirect, ALL-S 3.0/12-2021 -6- in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Consultant shall remain responsible for complying with Section 9(b), above. (f) If Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by City’s Solid Waste Management Division, for each office and facility. Literature describing City recycling programs is available from City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (b) Immediately contact City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. (b) Records of Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to City until such action is resolved, or until the end of said time period whichever shall later occur. If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. ALL-S 3.0/12-2021 -7- (c) Prior to execution of this Agreement by City, Consultant shall have provided evidence to City that Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, Consultant shall require each subcontractor to provide evidence to City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, Consultant agrees as follows: (a) Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of Consultant’s commitment ALL-S 3.0/12-2021 -8- under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, Consultant is acting solely as an independent contractor. Neither Consultant, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of City for any purpose. City shall have no right to control or supervise or direct the manner or method by which Consultant shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between Consultant and City. Consultant shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, Consultant and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Consultant shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Consultant's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, Consultant may be providing services to others unrelated to City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. ALL-S 3.0/12-2021 -9- 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 16. Assignment. (a) This Agreement is personal to Consultant and there shall be no assignment by Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) Consultant hereby agrees not to assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). City retains the right to pay any and all monies due Consultant directly to Consultant. 17. Compliance With Law. In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. ALL-S 3.0/12-2021 -10- 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Consultant. [Signatures follow on the next page.] ALL-S 3.0/12-2021 -11- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Georgeanne A. White, Assistant City Manager ATTEST: TODD STERMER, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #ALL-S 3.0 has been used without modification, as certified by the undersigned. By: Rosa Lau-Staggs Wastewater Manager Addresses: City: City of Fresno Attention: Rosa Lau-Staggs, Wastewater Manager 5607 W. Jensen Ave Fresno, CA 93706 Phone: (559) 621-5130 FAX: (559) 498-1700 CDM Smith, Inc., A Massachusetts Corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres or Vice Pres ) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: Name: Date of Issuance: Consultant: CDM Smith, Inc. Attention: John (Yash) Nyznyk, Associate 2300 Clayton Road # 950 Concord, CA 94520 Phone: (925) 296-8065 FAX: (925) 933-4174 Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form $!%& ! &'!$( " !()' ! &'!$( &*$% %"!$ &$& $, ALL-S 3.0 /06-2021 Page 1 of 15 EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and CDM Smith, Inc. (Consultant) Fresno Sanitary Lanfill Groundwater Monitoring and Remedial Action Services Scope of Work and Budget for 2022 Fresno Sanitary Landfill Introduction Provided below are descriptions of work tasks to be performed by CDM Smith Inc. (Consultant) on behalf of the City of Fresno (City) as part of ongoing operations at the Fresno Sanitary Landfill Superfund Site (“FSL” or “Site”). Ongoing activities are being performed as part of Operable Unit No. 1 (OU-1 –landfill control system operations and maintenance) and OU-2 (groundwater remediation system operations and maintenance). The ultimate objective of the continued work is to achieve formal closure of the FSL Superfund Site under the oversight of the U.S. Environmental Protection Agency (USEPA). This scope of work presented below describes work to be performed during 2022. This scope of work is a continuation of work performed under the previous contract with the City during the four-year period 2016 through 2019 and during the Year 1 Extension (2020) and the Year 2 Extension (2021). Work on the project is defined in terms of the five project tasks listed below: Task 1 –Performance Monitoring Program Task 2 –Remedial Action Systems Operations Assistance Task 3 –This task will not be used during 2022 Task 4 –Field Investigation Activities (OU-1) Task 5 –Project Management/Project Meetings Task 6 –Landfill Regrading/Landfill Control Systems Repair –Design, Bid Period, and Construction Period Services (OU-1) Table A-1 consists of a summary of the estimated costs for this scope of work. The total cost for this work is $429,850 for the one-year period of performance (2022). Task 1 –Performance Monitoring Program Objectives Provide oversight during implementation of the annual performance monitoring program as part of the Groundwater Remedial Action at the FSL. Monitor and evaluate progress of groundwater remediation. Document the performance monitoring activities and laboratory analytical results in an annual report and an interim data transmittal to the USEPA. ALL-S 3.0 /06-2021 Page 2 of 15 Prepare responses to review comments from USEPA (and other State regulatory agencies). Activities Groundwater Monitoring Program –The Groundwater Monitoring Program at the FSL has been ongoing for a number of years. City personnel have assumed primary responsibility for performing the quarterly field sampling activities, including making arrangements with the analytical laboratory (e.g., analyses to be performed, sampling containers, delivery of sampling containers to the Site) and sample collection from the groundwater monitoring wells and the groundwater treatment plant (GTP) influent and effluent sampling ports. Consultant will coordinate with the City in the ongoing implementation of this program. The activities described below are to be performed during the year 2022. Quarterly sampling events are scheduled to be performed during January, April, July, and October. As part of this task, Consultant will be responsible for the following activities: - Coordinate with City field personnel during field sampling events to be performed in January, April, July, and October. This includes making City staff aware of modifications to the performance monitoring program activities. Recommended modifications to the sampling program (e.g., increasing/decreasing frequency of sampling for individual monitoring wells) are to be proposed as part of the annual performance monitoring report. - Identify and work to resolve issues that come up regarding laboratory analytical results (e.g., apparent mislabeling between 2 sample locations, investigate what appears to be anomalous analytical data, etc.). - Prepare the two deliverables associated with the Groundwater Monitoring Program, including the Interim Data Transmittal and the Annual Performance Monitoring Program Report. These deliverables are described below. Environmental Database –Maintain the environmental database, including upload of analytical data upon receipt from the analytical laboratory following each quarterly sampling round. Database management will include performing queries on the data and preparing data summary tables that will be included in the interim data transmittal (electronic transmittal) and the annual performance monitoring program report (hard copy submittal and/or electronic transmittal). Responses to Regulatory Agency Review Comments (RTCs) –USEPA and the State regulatory agencies have submitted review comments on a range of submittals during the past year (2021). This task will involve preparing RTCs for technical deliverables scheduled for submittal to USEPA (including the OU-1 Annual Report, Interim Data Transmittal, and Annual Performance Monitoring Program Report. Assumptions Analysis of organic constituents is currently being performed by BSK Associates Engineers & Laboratories (BSK) in Fresno, CA under direct bill contract with the City. The analytical laboratory may be changed at the discretion of the City. ALL-S 3.0 /06-2021 Page 3 of 15 Analysis of inorganic constituents is currently being performed by the City of Fresno Wastewater Management Division Analytical Laboratory (WMD) in Fresno, CA, under direct bill arrangement with the City. Deliverables 1. Interim Data Transmittal –The Interim Data Transmittal will consist of data summary tables and figures for the July and October groundwater monitoring events. The Interim Data Transmittal will be submitted directly to USEPA via e-mail in January 2022. 2. Annual Performance Monitoring Program Report (Annual Report) –The Annual Report will cover the July and October 2021 and the January and April 2022 groundwater monitoring events. A draft document will be submitted to City staff for review. Consultant will incorporate revisions from City staff and prepare final report for submittal to the USEPA. The Annual Report, to be submitted to USEPA in July 2022, will include the following elements: - Compilation of quarterly monitoring data (field and analytical laboratory data) and GTP operational data. - Preparation of data summary tables and graphics. Data summary tables will include groundwater extraction well operational data, groundwater treatment unit performance monitoring data, volatile organic compound (VOC) mass removal, groundwater level measurements, head differential measurements (well clusters), VOC analytical data, inorganic constituent data, and quality control data. Graphics will include groundwater elevation contours for 2 of the quarterly monitoring events and VOC concentration trend plots. - Based on the Long Term Monitoring Optimization Plan (Plan) (CDM Smith, 2007), Consultant will perform an evaluation of the groundwater monitoring wells included in the monitoring program and will make recommendations in accordance with the criteria defined in the Plan. This evaluation will be completed following the April performance groundwater monitoring event. The results of this evaluation will be documented in the Annual Report. Task 2 –Remedial Action Systems Operations Assistance Objectives Support the high-quality performance of the landfill environmental control systems, including the landfill gas (LFG) control, landfill cover, and stormwater management systems. Assist City staff in the ongoing operations, monitoring, and maintenance of the groundwater remediation system and the landfill control systems at the FSL. Activities Under this task, Consultant will assist the City in ongoing operations and maintenance of the groundwater treatment system and the landfill control systems. This task will consist of on-site and office activities necessary to maintain effective operation of the groundwater collection and treatment system, the LFG control system, and the function of the final landfill cover/stormwater management systems. This task includes the following activities: ALL-S 3.0 /06-2021 Page 4 of 15 Operable Unit 1 Annual Report (Annual Activity) –Consultant will prepare a report, which is intended to document operations and maintenance activities associated with the landfill (LFG) control elements, including the landfill cover, stormwater management, and LFG control systems. The OU-1 Annual Report, to be submitted to USEPA in February, will address operations during the prior year. The OU-1 Annual Report will consist of the following elements: - Summary of LFG flare operating data. This summary would include a listing of the LFG flare downtimes, resulting in operation of the GTP in LFG flare bypass mode. - Compilation of perimeter LFG monitoring probe data. - Assessment of the condition of the landfill cover system and the stormwater management system. The assessment would rely on information generated during inspections of the landfill cover and stormwater management system performed by Consultant and/or City staff. Of particular importance is the inspection scheduled early fall, prior to onset of rainy weather. - Overview of maintenance activities performed on the landfill control systems and description of repairs or equipment replacements. Landfill Inspection and Maintenance Assistance –Activities to be performed under this subtask will be focused on assisting the City in planning and performing landfill inspection and maintenance activities. - Annual Landfill Inspection (Annual Activity) –The annual landfill inspection will be performed during the Fall of 2022. At the request of the City, additional inspections may be performed following heavy precipitation events that could impact landfill control systems function. A description of landfill inspection activities/procedures is provided below: • Focus of the inspections will be on the landfill control system elements, including landfill cover system, surface water management system, and LFG control system. •Highlight the need for performing routine maintenance activities related to the landfill control systems. •Highlight the need for performing corrective action activities to address damage, inoperable conditions, or failure of the landfill control systems. The descriptions will be specific to each of the landfill control system elements. •Prepare report to document inspection and to describe maintenance, repair, and corrective actions. •Identify landfill regrading needs identified as part of the landfill inspections. - Wet Weather Inspections –Inspections will be performed during wet weather months (considered to be October through March). City staff will be responsible for performing these inspections, including completing the inspection form for submittal to Consultant who will review and submit to USEPA. - Quarterly Inspections –Given overlap with the other scheduled landfill inspections (Annual and wet weather Inspections, only one quarterly inspection during the year (June). City staff will be responsible for performing this inspection, including completing the inspection form for submittal to Consultant who will review and submit to USEPA. ALL-S 3.0 /06-2021 Page 5 of 15 Annual Evaluation of Extraction Well Performance (Annual Activity) –Consultant will perform an evaluation of the performance of each extraction well on an annual basis. Performance factors to be considered during the performance evaluation will include specific capacity (pumping rate per foot of drawdown) and changes in pumping rate and drawdown over time, with comparison to historical data. New Well Evaluations (Periodic Activity) –Consultant will perform groundwater modeling evaluations of proposed new water supply wells (agricultural and residential) in the vicinity of the FSL. The purpose of the new well evaluations is to assess the potential for impact to the existing groundwater remediation system at the FSL from operation of proposed new wells. Under the current arrangement, the County of Fresno, Department of Public Health, Environmental Health Division (Fresno County) notifies the City when a permit application for a new or replacement water supply well is submitted in a location within the well assessment zone. Based on groundwater modeling results, Consultant will either recommend that the well not be installed or recommend design modifications for the proposed well (e.g., depth of well, depth of annular seal, and length of screen zone). It is assumed that CDM Smith will perform two evaluations per year for the duration of the period of performance. As-Needed Services (Annual Activities) –The budget includes funding for tasks that cannot specifically be identified at this time. The City will request in writing that Consultant perform these tasks prior to initiating work. Activities under this task will be performed on an as-needed basis. These currently undefined tasks may include, but are not limited to, the following: - GTP Operations Assistance –Consultant staff will be available to address questions raised by City staff in optimizing operations of the groundwater collection and treatment system (including extraction pump operations, GTP operations, and monitoring of instrumentation and controls). Consultant staff will also be available to respond to requests for assistance from the City to address GTP operational problems or to respond to questions regarding technical or regulatory issues. - Evaluate the feasibility of performing innovative remediation technologies to address VOC-impacted groundwater with the objective of reducing localized high VOC concentration locations. Over the last 10 to 15 years, significant progress has been made in reducing and/or eliminating VOC groundwater concentrations using a range of innovative remedial technologies (e.g., in situ bioremediation, chemical oxidation, etc.). The focus of such a task would be to engage with commercial vendors to gain an understanding regarding the feasibility and effectiveness of innovative technologies for use at landfill sites. - Respond to requests from the USEPA to perform field investigation activities at the landfill site. - Develop an estimate of future costs associated with GTP operations under various operational scenarios. - Review and evaluate analytical data from supplemental samples collected from the groundwater monitoring wells or the GTP. - Respond to requests for information from the USEPA, or other regulatory agencies involved in oversight at the FSL. ALL-S 3.0 /06-2021 Page 6 of 15 Assumptions With requests from Consultant, City staff will provide Consultant with information listed below in a timely manner. The requested information constitutes critical information for reporting to USEPA (e.g., Quarterly Progress Reports, OU-2 Annual Performance Monitoring Report, OU-1 Annual Report). 1. Downloads of the SCADA system with operations data for the groundwater remediation system (data from extraction well operations and groundwater treatment plant operations) and for the landfill gas (LFG) flare system (LFG flare operations). Consultant will compile these data and make necessary assumptions and calculations for filling data gaps. 2. Weekly maintenance summaries for the groundwater remediation system and the LFG flare. Consultant will initiate efforts on as-needed tasks upon request from the City. The cost associated with the individual subtasks will include expenses for travel to the Site. Deliverables OU-1 Annual Report (Annual Deliverable). A draft report will be submitted to the City for review. The report will be revised based on review comments from the City and finalized for submittal to USEPA. Annual Extraction Well Performance Evaluation Technical Memorandum (Annual Deliverable). The technical memorandum, which will document the performance evaluation on each of the groundwater extraction wells, will be submitted to the City. This technical memorandum is not intended as a formal submittal to USEPA. New Well Evaluations (Periodic Deliverables). At the conclusion of each new well evaluation that is performed, a letter to the City will be prepared for submittal to the City which documents groundwater modeling results and provides well construction recommendations. There may be deliverables associated with As-needed services that are authorized by the City under Task 2. Task 3 –Superfund Site Delisting Pathway –Planning There will be no Task 3 services performed during 2022. Task 4 –Field Investigation Activities (Operable Unit 1) The two subtasks included under Task 4 are briefly described below. Subtask 4.1 –Soil Gas Sampling Program. During 2021, USEPA had directed the City to perform soil gas sampling from selected LFG perimeter monitoring probes (located along the perimeter of the landfill). Based on the results of these sampling activities, USEPA is expected to direct the City to plan and implement a soil gas investigation on City property located beyond the perimeter monitoring probe locations along potential exposure pathways to assess the potential risk to park visitors or to local residents along Jensen Avenue (north of the landfill) or along North Avenue (south of the landfill). Subtask 4.2 –Landfill surface Emissions Testing. USEPA is requiring the City to implement a surface emissions testing program on the FSL. Consultant will assist the City ALL-S 3.0 /06-2021 Page 7 of 15 in developing the emissions testing program and in preparing reports to document field activities and present the results of the emissions testing. Subtask 4.1 –Soil Gas Sampling Program Objective Collect soil gas data to assess the risk to human health from migrating LFG at locations near the landfill. Activities Prepare a Draft Soil Gas Investigation Work Plan (Work Plan) defining the remedial action objectives, detailing soil gas sample probe installation and soil gas sample collection procedures and identifying laboratory analytical methods. Prepare RTCs to USEPA review comments on the Work Plan and prepare a Final Work Plan which incorporates input from USEPA. A description of the Soil Gas Investigation activities is provided below: - Consultant will hire a subcontractor to provide soil gas probe installation and soil gas sampling services. - Soil gas probes will be installed by a California C-57 licensed drilling subcontractor using a direct push technology drill rig. No soil or groundwater samples will be submitted for laboratory analysis. The probes will be placed in locations near utility trenches as potential migration pathways. A targeted screen interval of 4.5 to 5.5 feet bgs has been selected for each of the soil gas. Once installed, the soil gas probes will be allowed to equilibrate for a two hour time period before shut in, leak testing, purging and sampling will occur. - Following a two hour equilibration period after probe installation, shut-in testing, leak testing, and purging will be performed followed by soil gas sample collection. Samples will be collected in laboratory supplied Summa canisters with the following analyses: 1. VOCs by Environmental Protection Agency Method TO-15 (Full Scan). 2. Helium by modified ASTM D-1946 –atmospheric gas analysis In addition to samples to be collected from the newly installed soil gas probe locations, samples will be collected at five of the existing landfill perimeter monitoring probe locations 9 NNW2m CMW6, MMW4, MMW5, MMW6. Helium shroud leak testing will be implemented during sampling at the perimeter monitoring probes. A second round of sampling is expected to be required by USEPA to evaluate whether there are seasonal variations of VOC constituent concentrations in the soil vapor samples. The soil gas sample collection detailed above will be repeated. Following completion of two rounds of soil gas sample collection, prepare a technical memorandum to document data collection methods, and present analytical data from field sampling. Results will be compared with the San Francisco Regional Water Quality Control Board Environmental Screening Levels (ESLs) (Water Board, 2019). The technical memorandum will present a data evaluation to assess the potential risk to human health. Assumptions USEPA will not require more than the two sampling rounds described above. Deliverables ALL-S 3.0 /06-2021 Page 8 of 15 Soil Gas Investigation Work Plan. The Work Plan will describe the soil gas probe installation and soil gas sample collection procedures. The Work Plan will be submitted to USEPA Technical Memorandum –Soil Gas Investigation Findings Subtask 4.2 –Landfill Surface Emissions Testing In 2021, surface emissions testing was requested by USEPA, to be performed during 2022. Objective Develop a surface emissions testing program at the FSL. Prepare an annual report to USEPA which documents the field activities and presents the results of the emissions testing. Activities Consultant will develop a surface emissions monitoring plan (Plan) consistent with Title 17 California Code of Regulations (CCR), Section 95460. The surface emissions monitoring program will include Instantaneous Surface Monitoring and Integrated Surface Monitoring, as defined in the CCR, Section 95460. Consultant will prepare an annual report for submittal to USEPA covering the period January 1 through December 31, 2022. The report will provide a summary of the quarterly surface emissions monitoring activities and present field data collection data. LFG gas control system operations for the reporting period will be documented. Assumptions City staff will perform quarterly field methane surface emissions monitoring activities. Monitoring data will be provided to Consultant following each quarterly monitoring event. Deliverables Emissions Monitoring Work Plan. The Work Plan will describe the methane surface emissions monitoring procedures and reporting requirements. The Work Plan will be submitted to USEPA. Landfill Emissions Annual Report (for the period January 1 through December 31, 2022). The Landfill Emissions Annual Report will be a deliverable in March 2023 (regulatory-defined requirement). Preparation of the Annual Report will be included in the 2023 scope of work Task 5 –Project Management/Project Meetings Objectives Meet project scope, schedule, and budget requirements. Maintain effective communication with the City, USEPA, and other regulatory agency staff on key project issues. ALL-S 3.0 /06-2021 Page 9 of 15 Activities The activities described below are to be performed during 2022. Perform routine project management activities, which will include staff oversight, budget management, invoicing and coordination with the City on budget and scope of work development. Prepare schedule updates, as needed. Participate in project meetings and project conference calls, including preparing meeting agendas and other handouts. Prepare quarterly reports providing status updates regarding remedial actions implemented at the FSL. Consultant will submit draft quarterly reports to the City. Assumptions The City will finalize the quarterly reports with transmittal to USEPA. Cost estimate reflects participation in monthly project conference calls. In addition, there will be one project status meetings at the FSL Site during 2022. The budget assumes that up to one Consultant staff from outside the Concord office will participate in the project status meeting and includes travel and per diem expenses. Deliverables 1. Project Quarterly Reports prepared during January, April, July, and October during 2022. 2. Monthly invoices to the City documenting Consultant work performed. 3. Agenda and handouts for periodic project meetings or teleconferences. Task 6 –Landfill Regrading/Landfill Control Systems Repair –Design, Bid Period, and Construction Period Services (OU-1) The City initiated a landfill regrading program during 2021. Consultant prepared design documents which addressed settlement along the eastern side slopes, eastern perimeter drainage channel and eastern access road. The regrading program will continue during 2022. Design activities during 2022 will include completion of the Landfill Regrading Program Design #1 (initiated in 2021) and the Regrading Program Design #2 elements. The two Task 6 subtasks are briefly described below. Subtask 6.1 –Landfill Regrading Program Design #2–Design for the project titled Drainage Channel Regrading and Gas Control System Maintenance was initiated in 2021 (through completion of the 90% design). This subtask consists of completing the 95% design documents and the 100% design documents. Additionally, Consultant will provide bid period and construction period services. Subtask 6.2 –Landfill Regrading Program –Design #2: This subtask consists of developing detailed plans and specifications that will guide landfill regrading and repair of the southern side slopes, northern side slopes and perimeter drainage channel, top deck of the landfill, and perimeter access roads. Subtask 6.1 –Landfill Regrading Program - Design #1: Drainage Channel Regrading and Gas Control System Maintenance Objectives ALL-S 3.0 /06-2021 Page 10 of 15 Complete design documents (plans and technical specifications) for the Regrading Program Design #1. Provide bid period and construction period services. Activities The 90% design documents (submitted in October 2021) included relocation of the landfill gas (LFG) header associated with Condensate Sump #6 (CS-6). The City has expanded the Regrading Program Design #1 design activities to include relocation of the LFG header associated with CS-5. This element of work will be incorporated into the 95% design documents. Subtask 6.1 are described below: 95% design –This is a new design package that was added to the scope of work for 2022. Restore funding for Existing Tasks –During 2021, with approval by the City, funding was transferred from existing Task 6 subtasks to allow Consultant to address reporting requirements associated with the Landfill Regrading Program imposed by USEPA. Transfer of funding is described below: a. Bid Period Services –The $1,800 that was transferred from this subtask in 2021 is restored under this scope and budget for 2022. b. Reporting –The $6,000 that was transferred from this subtask in 2021 is restored under this scope and budget for 2022. Deliverables 1. 95% Perimeter Drainage Ditch Regrading and Repair Design. Comments from City staff on the 90% design package will be incorporated into the design drawings and specifications and the 100% design documents will be prepared. The stage of the design is considered final. The Engineer’s OPCC based on the 95% design documents will be developed and submitted for City review. 2. 100% Perimeter Drainage Ditch Regrading and Repair Design. Comments from City staff on the 95% design package will be incorporated into the design drawings and specifications and the 100% design documents will be prepared. The stage of the design is considered final. The Engineer’s OPCC based on the 100% design documents will be developed and submitted for City review (existing funding authorized in 2021). 3. The 100% design submittals will be stamped and sealed for distribution by the City to potential bidders. An electronic copy of the 100% drawings in AutoCAD version 2015 will be provided on CD-ROM. Electronic copy will be identical to bid set except Consultant will remove its logo, professional engineering stamps and signatures. Electronic copies of 100% technical specifications will be provided in MS Word on CD-ROM (existing funding authorized in 2021). 4. Electronic files of the design documents (plans and specifications) will be provided to the City (existing funding authorized in 2021). 5. Following completion of the landfill regrading and LFG collection system repair activities and the landfill perimeter drainage ditch regrading and repair activities, a Tech Memo will be prepared to document activities performed. The Tech Memo will be submitted to the USEPA (funding for this task is restored as part of this budget). ALL-S 3.0 /06-2021 Page 11 of 15 Bid Period Services This subtask will include participation in the City’s pre-bid conference and preparation of responses to Bid Period requests-for-information (RFIs). It is assumed that this task will be limited to 50 labor hours (funding for this task is restored as part of this budget). Construction Period Services This subtask will consist of Contractor submittal review, preparing responses to construction RFIs, and periodic construction oversight. Construction oversight can include specialty inspection, targeted participation in construction meetings, assistance in change order preparation, assistance in claims support, and assistance in preparation of a project punch list. It is assumed that this task is limited to 100 labor hours. (existing funding authorized in 2021). Reporting This subtask will consist of preparing a Tech Memo to document the Task 6 construction efforts. The Tech Memo is intended for submittal to the USEPA. Given that this construction project is a maintenance project, the report will be less detailed than the Interim Remedial Action Report that had been prepared to document past remedial action construction activities performed at the FSL (funding for this task is restored as part of this budget). Subtask 6.2 –Landfill Regrading Program - Design #2: Regrading and Landfill Control Systems Repair –Southern Side Slopes, Northern Side Slopes and Perimeter Drainage Channel, Top Deck, and Access Roads Objectives Prepare design documents (plans and technical specifications) to be used by the City to solicit bids from contractors for regrad ing landfill side slopes, perimeter drainage channel, and perimeter access roads as part of Regrading Design #2 of the Landfill Regrading Program. Provide bid period and construction period services. Activities Consultant will design drawings and specifications for use by the City to request Contractor bids to utilize in planning and implementing a regrading operation addressing differential settlement of landfill side slopes, top deck, and access roads. Additionally, the design will address maintenance and repair of landfill control system facilities during the fall of 2022. Task activities will include preparation of design documents (design plans and specifications), bid period services, and construction period services. Task activity descriptions, assumptions, and deliverables are provided below. Design Services Consultant will prepare the Landfill Regrading Program Basis of Design for submittal to USEPA. Consultant will also prepare three design packages, including the 60% design drawings with a listing of technical specifications sections, 90% design package (design drawings, specifications, and associated Engineer’s Opinion of Probable Construction ALL-S 3.0 /06-2021 Page 12 of 15 Cost (OPCC) and the 100% design package (specifications, design drawings, and associated OPCC). Activities to be performed during the design for the Regrading and Landfill Control System Repair are described below. Up to two visits to the FSL by key members of the design team to confirm conditions relative to as-built drawings for the landfill closure. Develop approximately fifteen (15) design drawings, including the following: - Five (5) general sheets –title page, general notes, general site layout, and settlement specific sheets. - Ten (10) civil detail sheets –sections/details showing typical settlement repair, ditch reconstruction and ditch lining, anchor trench, sand tube layout, and perimeter access road repair. Develop technical specifications based on the specifications prepared for the Drainage Channel Regrading and Landfill Gas Control System Maintenance project (90% design specifications completed in October 2021). Develop Engineer’s Opinion of Probable Construction Cost (OPCC) for the Perimeter Drainage Ditch and Repair project. The Engineer’s OPCC will be developed based o n the 90% design submittal and then updated for the 100% design submittal. Bid Period Services This subtask will include participation in the City’s pre -bid conference and preparation of responses to Bid Period requests-for-information (RFIs). It is assumed that this task will be limited to 50 labor hours. Construction Period Services This subtask will consist of Contractor submittal review, preparing responses to construction RFIs, and periodic construction oversight. Construction oversight can include specialty inspection, targeted participation in construction meetings, assistance in change order preparation, assistance in claims support, and assistance in preparation of a project punch list. It is assumed that this task is limited to 100 labor hours. Reporting This subtask will consist of preparing a Tech Memo to document the Task 6 construction efforts. The Tech Memo is intended for submittal to the USEPA. Given that this construction project is a maintenance project, the report will be less detailed than the Interim Remedial Action Report that had been prepared to document past remedial action construction activities performed at the FSL. Assumptions City survey crew will perform a survey of the landfill areas targeted for regrading during 2022, including landfill side slopes, perimeter drainage ditches, and landfill access roads. The City will provide to Consultant electronic files with topographic contour information by March 2022. Design documents will be based on design documents prepared for the Drainage Channel Regrading and landfill Gas Control system Maintenance project (90% design dated October 2021). ALL-S 3.0 /06-2021 Page 14 of 15 Schedule The scope of work and budget presented above reflects project duration from January through December 2020. The schedule for project deliverables is provided below: Annual and or Periodic Deliverables 1. Quarterly Reports –January, April, July, and October during 2022. 2. Interim Data Transmittal –January 31, 2022. 3. OU-1 Annual Report –February 31, 2022. 4. Technical Memorandum to document the annual well performance evaluation –June 2022. 5. Spring 2022 Annual Performance Monitoring Program Report –July 31, 2022. 6. New Well Evaluations –The results of groundwater modeling to evaluate proposed new agricultural or domestic water supply wells will be documented in a brief letter report to the City. This work will be performed on an as-needed basis throughout 2022. One-time Deliverables 1. Soil Gas Investigation Work Plan –February 2022 2. Soil Gas Investigation Findings –October/November 2022 3. Landfill Emissions Monitoring Work Plan –February 2022 4. Task 6.1 Design Deliverables: Landfill Regrading Basis of Design –first quarter 2022 Landfill Regrading Program 95% design documents –February 2022 Landfill Regrading Program 100% design documents - April 2022 Technical Memorandum documenting Landfill Regrading Program –Design #1– fourth quarter 2022 5. Task 6.2 Design Deliverables: Landfill Regrading Basis of Design –second quarter 2022 Landfill Regrading Program 60% design documents - third quarter 2022 Landfill Regrading Program 90% design documents - fourth quarter 2022 Landfill Regrading Program 100% design documents - fourth quarter 2022 Budget The cost for the work described above is $429,850. A cost breakdown is provided on Table 1 –Groundwater and Landfill Remediation Services During 2022, Fresno Sanitary Landfill (OU-1 and OU-2). This cost estimate constitutes the budget for services during 2022. ALL-S 3.0 /06-2021 Page 15 of 15 Table 1 Groundwater and Landfill Remediation Services during 2022 Fresno Sanitary Landfill (OU-1 and OU-2) Task Description Labor ODCs OPs Total Task 1Performance Monitoring Program $ 54,800 $ 1,360 $ - $ 56,160 Task 2 Remedial Action Systems Operations Assistance $ 85,810 $ 1,680 $ - $ 87,490 Task 3 (not utilized for Services during 2022) $ - $ - $ - $ - Task 4 Field Investigation Activities (OU-1) $ 28,430 $ 940 $ 22,200 $ 51,570 Task 5 Project Management/Project Meetings $ 60,710 $ 2,160 $ - $ 62,870 Task 6 Landfill Regrading/Landfill Control Systems Repair -- Design, Bid Period, and Construction Period Services (OU-1) $ 170,500 $ 1,260 $ - $ 171,760 TOTALS $ 400,250 $ 7,400 $ 22,200 $ 429,850 ALL-S 3.0/01.05.16 Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and CDM Smith, Inc. (Consultant) Fresno Sanitary Landfill Groundwater Monitoring and Remedial Action Service MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the City, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, ALL-S 3.0/01.05.16 Page 2 of 4 (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event Consultant 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. DEDUCTIBLES AND SELF-INSURED RETENTIONS Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, agents, and volunteers; or (ii) Consultant shall provide a financial guarantee, satisfactory to City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or ALL-S 3.0/01.05.16 Page 3 of 4 by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, Consultant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of Consultant’s insurance and shall not contribute with it. Consultant shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against City, its officers, officials, employees, agents, and volunteers. If the Professional (Errors and Omissions) policy is written on a claims-made form: The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant. 1. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five year discovery period. 2. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase “extended reporting” coverage for a minimum of five years completion of the Agreement work or termination of the Agreement, whichever occurs first. 3. A copy of the claims reporting requirements must be submitted to City for review. 4. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty calendar days’ written notice by certified mail, return receipt requested, has been given to City. Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of ALL-S 3.0/01.05.16 Page 4 of 4 cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. VERIFICATION OF COVERAGE Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. File #:ID 25-1036 Agenda Date:8/14/2025 Agenda #: 2.-O. BACKGROUND The SCADA systems utilized by the Water Division monitor and control the City’s groundwater and surface water production and treatment processes. Currently, the servers at the Southeast Surface Water Treatment Facility (SESWTF) have been in service for over eight years, with warranties expired, leaving the equipment vulnerable to failures without vendor support. Additionally, offsite storage appliances serving the SCADA systems at various water facilities have also reached EOL, with active service contracts expiring by June 2025. One of the units has already expired without renewal eligibility. To address these issues: 1. Three Enterprise-grade Servers will replace outdated SCADA servers at SESWTF, which will increase hardware reliability, firmware security, and compatibility with forthcoming SCADA software updates. 2. Three Enterprise-grade Storage Units will replace aging offsite storage appliances, bolstering SCADA system redundancy, data backup, and replication across facilities to reduce potential downtime during failures. 3. Support costs for existing units has increased 1000% and is not a viable option to maintain and continue using existing equipment. To ensure compliance with procurement regulations and achieve competitive pricing, the City will procure the equipment through the NASPO ValuePoint Cooperative Purchasing Program under California Participating Addendum No. 7-23-70-55-01, referring to Master Agreement No. 23026 with Dell Marketing L.P. The associated 10X form (9295) was submitted and approved on April 21, 2025. The Information Services Department (ISD) has reviewed and approved the procurement of this equipment. ENVIRONMENTAL FINDINGS In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15378, the approval of this purchase is not a “Project” for the purposes of CEQA. LOCAL PREFERENCE Local preference was not implemented because this item is a cooperative purchase. FISCAL IMPACT There is no fiscal impact to the General Fund. Funding for this purchase is included in the Fiscal Year 2025 Capital Improvement Program Budget within the Water Division’s Enterprise Fund 4000-4001 under Project 411500723 - SCADA Segregation. City of Fresno Printed on 8/19/2025Page 2 of 3 powered by Legistar™ File #:ID 25-1036 Agenda Date:8/14/2025 Agenda #: 2.-O. Attachments: Cooperative Purchase Agreement Quote Summary - SESWTF Refresh + Additional Storage 10X Form 9295 City of Fresno Printed on 8/19/2025Page 3 of 3 powered by Legistar™ Contract Code Description Qty Master Contract Code: California NASPO Participating Addendum No. 7-23-70-55-01 under the Master Agreement No. 23026 NASPO ValuePoint Cooperative Purchasing Program Contract Number: No. 23026 NASPO ValuePoint Cooperative Purchasing Program Contractor Name: Dell Marketing L.P. [re]DESIGN Unique Contract Number: C000001148050 Contact Website: Link to the California NASPO ValuePoint contract 2023-2025: https://s3-us-west- 2.amazonaws.com/naspovaluepoint/1706100617_PA%207-23-70-55-01.pdf Link to the Dell NASPO 23026 contract website: https://www.dell.com/en-us/lp/dt/naspo-computer?hve=learn+mor (3) Dell PowerEdge R660 Servers Description Price Qty Ext. Price BUILD (3) Dell PowerEdge R660 Servers with 60 Months ProSupport Plus $69,504.00 1 $69,504.00 GX4I5WF PowerEdge R660 Server 3 GGX1VDO Trusted Platform Module 2.0 V3 3 G658YZP 2.5" Chassis with up to 10 Hard Drives (SAS/SATA), PERC11, 1CPU 3 GBNLZ06 Intel® Xeon® Gold 6526Y 2.8G, 16C/32T, 20GT/s, 37.5M Cache, Turbo, HT (195W) DDR5-5200 3 GWSO9LE No Additional Processor 3 G68EUO7 No HBM 3 G1GVKUB Performance Heatsink for 1 CPU Configuration (CPU less than 250W) 3 GH9QBEI Performance Optimized 3 GYMX57Q 5600MT/s RDIMMs 3 G106RND 32GB RDIMM, 5600MT/s, Dual Rank 24 GJ45ICY C7, Unconfigured RAID for HDDs or SSDs (Mixed Drive Types Allowed) 3 GZH8DFJ PERC H755 with rear load Brackets 3 GB6HAM5 480GB SSD SATA Mixed Use 6Gbps 512 2.5in Hot-plug AG Drive, 3 DWPD 3 GJO594B Performance BIOS Setting 3 GSFTG4Y UEFI BIOS Boot Mode with GPT Partition 3 G9IONL3 No Energy Star 3 GFW1SJH 4 Very High Performance Fans 3 Page 2 of 9 (3) Dell PowerEdge R660 Servers Description Price Qty Ext. Price G7XCUQM Dual, Fully Redundant(1+1), Hot-Plug Power Supply,1100W MM (100-240Vac) Titanium 3 GC1DFVJ C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m) Power Cord, North America 6 GSK75JG Jumper Cord - C13/C14, 0.6M, 250V, 13A (North American, Guam, North Marianas, Philippines, Samoa) 6 GS4VHME Riser Config 4, Low Profile, 2x8 LP Slots (Gen5) + 1x16 LP Slot (Gen4), 1CPU 3 GCJTH3B Motherboard MLK supports ONLY CPUs below 250W. Cannot upgrade to CPUs 250W and above 3 G49EVUG iDRAC9 Datacenter 16G with OpenManage Enterprise Advanced Plus 3 G6HFUY9 Intel X710-T4L Quad Port 10GbE Base-T, OCP 3.0 Version 2 3 GY8XSA9 Broadcom 5720 Dual Port 1GbE LOM 3 G0KAZ5R Intel X710-T4L Quad Port 10GbE BASE-T Adapter, PCIe Low Profile 6 GE70543 PowerEdge 1U LCD Bezel 3 G61XLSC BOSS-N1 controller card + with 2 M.2 480GB (RAID 1)3 GHS6URQ Quick Sync 2 (At-the-box mgmt)3 G2T768J iDRAC,Factory Generated Password 3 GX95LG2 iDRAC Service Module (ISM), NOT Installed 3 GTVA94K iDRAC Group Manager, Disabled 3 G78MU35 No Operating System 3 GKH7AZI No Media Required 3 GSNQZP0 ReadyRails Sliding Rails With Cable Management Arm 3 GVRYSM7 No Systems Documentation, No OpenManage DVD Kit 3 GSE1MX3 PowerEdge R660 Shipping 3 GIE8RYJ PowerEdge R660 Shipping Material, 10x2.5", 8x2.5" Smart Flow or 16xEDSFF 3 G1PZ4TF PowerEdge R660 CCC and BIS Marking, No CE Marking on 2.5" Chassis 3 GRO1P6G Decline Selection 3 Page 3 of 9 (3) Dell PowerEdge R660 Servers Description Price Qty Ext. Price GSBL4M7 5 Years ProSupport Plus Mission Critical 4 Hour Onsite Service 3 GMDP4WI Certified Deployment Partner T1 or Distributors 3 GW39KL7 Configuration Services, Standard ISG Asset Service Report 3 ACON A/C Power Recovery On 3 PWRMAXP Power Management - Maximum Performance 3 Subtotal:$69,504.00 (3) Dell PowerStore 500T Description Price Qty Ext. Price BUILD (3) Dell PowerStore 500T Array with 60 Months ProSupport Plus $366,207.00 1 $366,207.00 G7D2GOU PowerStore 500T Base Dell Customer Racked 1 GF2MQ9H 192GB Appliance DIMM 96GB Per Node 1 GZ89W3K 2:1 1 G0EJS9H Yes 1 GP8Q5R4 3.84TB NVMe SSD 10 G8RY53G PowerStore Base SW 1 GP59QJZ 25GBE Optical 4 Port Card Pair (SFPs not included)1 G1HZ7M0 10GBASE-T 4 Port IO Module Pair (SFPs not included/not needed)2 G6UO290 Dual 1450W (100-120V) Native LOW Line Lot 9 Power Supply 1 G26JZCX C19 Power Cord Pair NEMA5-15 125V 10A 2Meter 1 GVH934G PowerStore Field Install Kit, includes C20/C19, C20/C13, C14/C14 pairs 1 GK3W7RV ISG Product (info)1 GGCDR8N 5 Years ProSupport Plus Mission Critical 4 Hour Onsite Service 1 G3J091Z 5 Years ProSupport Plus Mission Critical 4 Hour Low Capacity SSD Add-On 10 GIY80C2 Single Appliance 1 GMDP4WI Certified Deployment Partner T1 or Distributors 1 G7D2GOU PowerStore 500T Base Dell Customer Racked 1 Page 4 of 9 (3) Dell PowerStore 500T Description Price Qty Ext. Price GF2MQ9H 192GB Appliance DIMM 96GB Per Node 1 GZ89W3K 2:1 1 G0EJS9H Yes 1 GP8Q5R4 3.84TB NVMe SSD 10 G8RY53G PowerStore Base SW 1 GP59QJZ 25GBE Optical 4 Port Card Pair (SFPs not included)1 G1HZ7M0 10GBASE-T 4 Port IO Module Pair (SFPs not included/not needed)2 G6UO290 Dual 1450W (100-120V) Native LOW Line Lot 9 Power Supply 1 G26JZCX C19 Power Cord Pair NEMA5-15 125V 10A 2Meter 1 GVH934G PowerStore Field Install Kit, includes C20/C19, C20/C13, C14/C14 pairs 1 GK3W7RV ISG Product (info)1 GGCDR8N 5 Years ProSupport Plus Mission Critical 4 Hour Onsite Service 1 G3J091Z 5 Years ProSupport Plus Mission Critical 4 Hour Low Capacity SSD Add-On 10 GIY80C2 Single Appliance 1 GMDP4WI Certified Deployment Partner T1 or Distributors 1 G7D2GOU PowerStore 500T Base Dell Customer Racked 1 GF2MQ9H 192GB Appliance DIMM 96GB Per Node 1 GZ89W3K 2:1 1 G0EJS9H Yes 1 GP8Q5R4 3.84TB NVMe SSD 10 G8RY53G PowerStore Base SW 1 GP59QJZ 25GBE Optical 4 Port Card Pair (SFPs not included)1 G1HZ7M0 10GBASE-T 4 Port IO Module Pair (SFPs not included/not needed)2 G6UO290 Dual 1450W (100-120V) Native LOW Line Lot 9 Power Supply 1 G26JZCX C19 Power Cord Pair NEMA5-15 125V 10A 2Meter 1 GVH934G PowerStore Field Install Kit, includes C20/C19, C20/C13, C14/C14 pairs 1 Page 5 of 9 The [RE]DESIGN Group City of Fresno Signature: Name: Title: Date: Signature: Name: Title: Date: Page 8 of 9 Exhibit A Agreement Description Master Services Agreement General terms and conditions applicable to all Provider products and services Services Attachment for Managed Services Core managed services including monitoring, remote management, and help-desk Data Processing Agreement Data security and privacy agreement including statutorily required terms Service Level Objectives Targeted response times by tier of severity Schedule of Services Description of managed services offered by Provider Schedule of 3rd Party Services Notice of third-party services and waiver of claims Page 9 of 9 10x Order #9295 Printed: 04/22/2025 09:54:23 am Ciehoski,Stephanie Diane 10X Order #9295 - H2O: SESWTF Refresh + Additional Storage Project #9295 Requested Date 03/31/2025 Type of 10X Order Placed Fiscal Year 2025 Purchase Order AT 10x Creator Patrick Carter Contact Person Patrick Carter Supervisor Rios-Ramos,Juan Dept Budget Officer Rios-Ramos,Juan Organization 411501 - Water Capital Projects Fund Code 40101 Yearly Cost Project Code WC00023 Activity Code IS Resource Type SCADA GL String 4000-4001-4115-765-85 9333-41-0-0000-0000- Project String 411500723 -PHASE_2 -CMAT - Budget Type Unbudgeted Replacement?New Equipment Quote Qty Product Unit Amount 1 (3) Dell PowerEdge R660 Servers with 60 months ProSupport plus 69,504.00 75,307.58 1 (3) Dell PowerStore 500T Array with 60 Months ProSupport Plus 366,207.00 396,785.00 10% Contigency 47,209.26 Total 519,301.838 Current Approvals Approval Type Name Date Status 10x Created Patrick Carter 03-31-2025 Submitted Dept Budget Officer Rios-Ramos,Juan 03-31-2025 Approved ISD Quote Kavoian,Leonard Sonny 04-18-2025 Approved Manager Approval Rios-Ramos,Juan 04-21-2025 Approved Dept Budget Officer Rios-Ramos,Juan 04-21-2025 Approved ISD Places the order Equipment Deployed Location Jusification Water Division SCADA Use funding code: 4000-4001-4115-765-656116-41-0-0000-0000- 411500723-PHASE_2-CMAT - The three vendor provided servers running the SCADA system at the South East Surface Water Treatment facilities have been in service for over 8 years now and the Warranty for those devices have expired. We require three new servers to replace them. This will allow better support in terms of faster hardware, more secure firmware, and security software releases for the hardware. Having the new servers in place will facilitate a faster transition to the new SCADA software and environment that will eventually occur at the water plant. - We have three storage appliances for our offsite plant page 1 / 2 10x Order #9295 Printed: 04/22/2025 09:54:23 am Ciehoski,Stephanie Diane Location Jusification SCADA systems. All appliances are already EOL with contracts that will expire as of June 2025. One is EOL with an already expired contract. We will need to replace those appliances with ones provided by Dell. All storage units will be in separate facilities providing services to the three separate offsite SCADA environment. page 2 / 2 File #:ID 25-1023 Agenda Date:8/14/2025 Agenda #:2.-P. perimeters of these developments. On December 16, 2008, the Council of the City of Fresno adopted Council Resolution No. 2008-351, forming CFD No. 9 to provide funding for the Services for certain public improvements located within and adjacent to public streets on the perimeter of commercial, industrial, and multi-family subdivisions as described and permitted pursuant the Goals and Policies for CFD No. 9 and the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code (City Law) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code). The landowner, United Health Centers, whose ownership consists of Justin Preas, has petitioned the City to have APN 433-485-13 annexed to CFD No. 9 to provide funding for the operation and reserves for maintenance (Services) pertaining to certain above ground public improvements located within City street easements. These improvements include trees and irrigation systems; and sidewalks and curb ramps as associated with this development (Reference attached Location Map.) APN 433-485-13 is located entirely within City limits. The attached Resolution of Intention initiates the annexation process, sets the public hearing for Thursday, September 11, 2025, at 9:10 am, sets the Maximum Special Tax at a total of $999.00 to be apportioned proportionately for each assessor’s parcel within Annexation No. 70 annually for fiscal year 2025-2026, and sets the annual adjustment of the Special Tax to be adjusted upward annually by 3% or by the rise of the Construction Cost Index (CCI), if it exceeds 3% for the San Francisco Region. Annexations to existing community facilities districts are permitted under City Law. The legislative body must follow certain prescribed procedures as outlined below: ·Adoption of a Resolution of Intention to Annex to CFD No. 9 ·Required 7-day minimum Notice of Public Hearing ·Public hearing on Annexation and Levy of Special Tax ·Call a Special Mailed-Ballot Election on the proposed Special Tax ·Declare the Results of the Election ·Formal Adoption of Special Tax Levy (if election passes) The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378 this action does not qualify as a “project” and is therefore exempt from CEQA requirements. LOCAL PREFERENCE Local preference was not considered since this item does not include a bid or award of a construction or services contract. FISCAL IMPACT City of Fresno Printed on 8/19/2025Page 2 of 3 powered by Legistar™ File #:ID 25-1023 Agenda Date:8/14/2025 Agenda #:2.-P. No City funds will be involved. All costs will be borne by the landowner as set forth in Exhibit D of the Resolution of Intention attached herein. Attachments: Location Map Features Map Resolution of Intention City of Fresno Printed on 8/19/2025Page 3 of 3 powered by Legistar™ 2 of 6 WHEREAS, the landowner of the territory known as Assessor’s Parcel Number 433-485-13 has formally petitioned the City to annex the territory known as Assessor’s Parcel Number 433-485-13 to CFD No. 9, and the area proposed for annexation to CFD No. 9 is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the types of Services provided in the existing CFD No. 9 (Services) are specified in the document attached hereto as Exhibit C, Page C-1 and incorporated herein by this reference; and WHEREAS, the types of Services to be provided to Annexation No. 70 are specified in the document attached hereto as Exhibit C, Page C-2 and incorporated herein by this reference; and WHEREAS, CFD No. 9 and Annexation No. 70 will share costs proportionately for Services provided by the City; and WHEREAS, Assessor’s Parcel Number 433-485-13, Annexation No. 70 is located entirely within City limits; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. Recitals. The forgoing recitals are true and correct. 2. Proposed Annexation No. 70 Boundaries. The proposed boundaries of Annexation No. 70 are as shown on the map (attached as Exhibit B) on file in the Office of the City Clerk of the City of Fresno (City Clerk). The boundaries, shown in Annexation Map No. 70, for the territory proposed to be annexed, are preliminarily approved. The City Clerk is directed to record Annexation Map No. 70, or cause it to be 3 of 6 recorded, in the Office of the Recorder, Fresno County, California within ten days a fter the adoption date of this resolution. 3. Services. The Services proposed to be financed in Annexation No. 70 are listed on Page C-2 of Exhibit C, which is attached to and made part of this resolution. 4. Special Taxes. Except to the extent that funds are otherwise available to CFD No. 9 to pay for the Services in Annexation No. 70, a special tax sufficient to pay the costs (Special Tax) thereof, secured by recording a continuing lien against all nonexempt real property in Annexation No. 70, will be levied annually within Annexation No. 70, and collected in the same manner as ordinary ad valorem property taxes, or in any other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed Rate and Method of Apportionment of the Special Tax among the real property parcels within Annexation No. 70, in sufficient detail for each landowner within Annexation No. 70 to estimate the maximum amount each owner will have to pay, are described in Exhibit D, attached and incorporated herein by reference. 5. District Annexation Report. The Director of Public Works Department, as the officer having charge and control of the services in and for CFD No. 9, or his designee, is directed to study the proposed Services and to make, or cause to be made, and filed with the City Clerk a report of the study for Annexation No. 70 in writing (District Report) presenting the following: a. A description of the Services required to adequately meet the needs of CFD No. 9, Annexation No. 70. 4 of 6 b. An estimate of the fair and reasonable cost of the Services including the cost of acquiring land, rights-of-way and easements, costs of any physical services required in conjunction therewith, and incidental expenses in connection therewith. c. Describe any plan for Services that will be provided in common with the existing district and/or any territory that may be annexed. d. If the Special Tax levied within the territory proposed to be annexed is higher or lower than the existing CFD No. 9, identify the extent and reasons why the costs to provide Services in that territory are higher or lower than those provided in the existing CFD No. 9. Specify any alteration in the Special Tax rate levied within the existing community facilities district because of the proposed annexation. e. The District Report shall be made a part of the record of the public hearing specified below. 6. Single Ballot. The propositions to set the appropriations limit and to approve the levy of the Special Tax shall be combined into a single ballot and submitted to the voters pursuant to City Law. 7. Annexation Hearing. Thursday, September 11, 2025, at 9:10 a.m., is fixed as the date and time, in the City Council Chambers, 2600 Fresno Street, Fresno, California, that this Council, the legislative body for CFD No. 9, will conduct a public hearing on the annexation of Assessor’s Parcel Number 433-485-13 and will consider and finally determine whether the public interest, convenience and necessity require the annexation and the levy of the Special Tax. 5 of 6 8. Public Notice. The City Clerk is directed to cause notice of the public hearing to be given by publication once in a newspaper of general circulation published in the area of CFD No. 9. The publication shall be complete at least seven days before the hearing date set herein. The notice shall be in the form specified by Sections 53339.4 and 53322 of Chapter 2.5 of the California Government Code 9. This resolution shall be effective upon final approval. Attachments: Exhibit A: Original Boundaries of CFD No. 9 Exhibit B: Annexation Map No. 70 Exhibit C: Description of Services Exhibit D: Rate and Method of Apportionment of Special Tax 6 of 6 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2025. AYES : NOES : ABSENT : ABSTAIN : TODD STERMER, MMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Brent Richardson Date Deputy City Attorney EXHIBIT C C-1 City of Fresno Community Facilities District No. 9 Formation Description of Services currently financed by Community Facilities District No. 9 The services and operations (Services) that are to be financed by Community Facilities District No. 9 (CFD No. 9) are described below and are permitted by City of Fresno Special Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code.) I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all landscaping facilities (including reserves), including stamped concrete paving in medians and landscaped areas in public street rights - of-way, public trails, and, in instances where a required sound wall abuts a local City street and public landscape easements are officially dedicated for public use. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; repairing and replacing stamped concrete paving and removing litter, debris, and garbage. II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructures (including reserves) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees, street signage and street furniture. Maintenance costs will also include a proportionate share of all other expenses that the City may incur in administering the CFD No. 9. All Services shall be provided by the City of Fresno, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City of Fresno. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 9 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 9 and the availability of sufficient proceeds of special taxes within the District. EXHIBIT C C-2 City of Fresno Community Facilities District No. 9 Annexation No. 70 Description of Services to be Financed by Community Facilities District No. 9 For Assessor’s Parcel No. 433-485-13 The services and operations described below (Services) to be financed by Community Facilities District No. 9 (CFD No. 9) for Assessor’s Parce No. 433-485-13, Annexation No. 70 are generally as described below. The Services that are to be financed will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing irrigation facilities (including reserves) in public street rights-of-way. General maintenance will include, without limitation, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of street trees; and removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within the public street rights-of-way associated with Assessor’s Parcel No. 433-485-13. Such facilities include, without limitation, curb ramps and sidewalks. Maintenance costs will also include a proportionate share of all other expenses that the City may incur in administering the CFD No. 9. All Services shall be provided by the City of Fresno, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City of Fresno. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 9 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation No. 70 to CFD No. 9 and the availability of sufficient proceeds of Special Taxes within CFD No. 9. EXHIBIT D D-1 City of Fresno Community Facilities District No. 9 Annexation No. 70 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing one year’s Service for FY 2025-2026. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $93.00 2 Other Operational Costs $0.00 3 Reserve for Replacement $891.00 4 Incidental Expenses $15.00 Total $999.00 Subdivision or Development Appropriation Limit Development Permit Application No. Total Maximum Special Tax for Services Appropriation Limit Landowner P22-00356 $999.00 $500,000.00 United Health Centers of the San Joaquin Valley Assessor’s Parcel No. 433-485-13 EXHIBIT D D-2 City of Fresno Community Facilities District No. 9 Annexation No. 70 Rate and Method of Apportionment of Special Tax A special tax applicable to each assessor’s parcel in Community Facilities District No. 9 (CFD No. 9) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 9, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 9 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area . A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Commercial or Industrial Developments or Subdivisions” means developments or subdivisions zoned for commercial or industrial uses. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 9. “Developable Lot” means a lot that is anticipated development of residential or non - residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Development” means any assessor’s parcel within the City of Fresno which is being developed for Industrial, Commercial, or Multi-Family purposes and requires a Building Permit. EXHIBIT D D-3 “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 9 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or portion thereof, that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Public Property” means any property within the boundaries of CFD No. 9 that is owned by the federal government, State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a Service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Development or Subdivision” means developments or subdivisions zoned for residential multi-family uses. “Residential Unit” means a multi-family residential dwelling unit and shall include condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family subdivision. For purposes of the levy of special taxes pursuant to Section B below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 9, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay admin istrative expenses of CFD No. 9, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. EXHIBIT D D-4 “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights -of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 9 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENTS OR SUBDIVISIONS On or about April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many square feet of taxable area are in each assessor’s parcels within each commercial or industrial development or subdivision of CFD No. 9. For commercial or industrial developments or subdivisions, the area to be taxed is the total area within each assessor’s parcels of the subdivision or development not designated as public right-of-way and is not to exceed the Maximum Special Tax identified for the development or subdivision in Section C, Table 1 below. RESIDENTIAL SUBDIVISIONS On or about April 1 of each fiscal year, the City or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 9. For parcels of undeveloped property zoned for development of multi-family units, the number of residential units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a multi- family building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the subdivision in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 9 shall be specific to each development, subdivision, subdivisions, or portion thereof within CFD No. 9. When additional property is annexed into CFD No. 9, the rate and method adopted for the annexed property shall reflect the MST for the development, subdivision, subdivisions, or respective portion thereof then annexed. EXHIBIT D D-5 The MST applicable to each development, subdivision, subdivisions, or portion thereof in CFD No. 9 shall be the rate that is created at the time of CFD No. 9 annexation expressly for the individual development, subdivision, subdivisions, or portion thereof being annexed to CFD No. 9 at that time. Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12 -month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. Subject to the maximum limit set by the MST, the Special Tax for the commercial, industrial or multi-family development or subdivision assessor’s parcels is calculated by spreading the Special Tax Requirement to the total taxable square footage of the development or subdivision and then apportioned proportionately by area to the individual assessor’s parcels within the development or subdivision or by the number of residential units as applicable. The total Maximum Special Tax for Fiscal Year 2025-2026 for Annexation No. 70 of CFD No. 9 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2025-2026) Commercial Development No.* Total Maximum Special Tax P22-00356 $999.00 Assessor’s Parcel Number 433-485-13 *A Special Tax shall be levied on all assessor’s parcels within an identified development or subdivision except excluded parcels as identified in Attachment 1. D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2025-2026, the Special Tax shall be levied on all parcels of taxable property as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the special tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 9 based on applying the Maximum EXHIBIT D D-6 Special Tax rates determined pursuant to Section C above to each parcel of taxable property in CFD No. 9; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 9; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 9 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 9 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT D D-7 ATTACHMENT 1 City of Fresno Community Facilities District No. 9 Annexation No. 70 Excluded Parcels THERE ARE NO EXCLUDED PARCELS WITHIN THE BOUNDARIES OF ANNEXATION NO. 70 File #:ID 25-999 Agenda Date:8/14/2025 Agenda #: 2.-Q. The TIRCP program was created by SB 862 (Chapter 36, Statutes of 2014) and modified by Senate Bill 9 (Chapter 710, Statutes of 2015) to provide grants from the Greenhouse Gas Reduction Fund (GGRF) to fund transformative capital improvements that will modernize California’s intercity, commuter, and urban rail systems, and bus and ferry transit systems, to significantly reduce emission of greenhouse gases, vehicle miles traveled, and congestion. In order to receive TIRCP funds for reimbursement of eligible project expenses, City of Fresno must execute a Master Agreement with Caltrans, the agency responsible for administering the TIRCP, as well as Program Supplements that are specific to each approved project. The Master Agreement details the requirements necessary to administer and reimburse State transit funds to local project sponsors to carry out the projects. This resolution is to grant authority to prepare, submit, and execute all documents including, but not limited to Master Agreements, Award Agreements, and Program Supplements for the current TIRCP program and any future transit related funding programs through CalSTA, Cal OES, and Caltrans, for and on behalf of the City of Fresno Department of Transportation. ENVIRONMENTAL FINDINGS This action is not subject to California Environmental Quality Act (CEQA) at this time. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT There is no impact to the General Fund from this action. Submission and execution of Master Agreements, Award Agreements, and Program Supplements are not actions that incur cost. Any expense generated as result of approved projects will be approved by Council in the annual appropriations resolution or subsequent amendments. Attachments: Resolution Master Agreement TIRCP Guidelines City of Fresno Printed on 8/19/2025Page 2 of 2 powered by Legistar™ 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: Resolution No. 533367v1 RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AUTHORIZING THE EXECUTION OF MASTER AGREEMENTS, AWARD AGREEMENTS, AND PROGRAM SUPPLEMENTS FOR STATE-FUNDED TRANSIT PROJECTS RELATED TO STATE TRANSPORTATION ASSISTANCE AUTHORIZED AND ADMINISTERED BY THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (Cal OES), THE CALIFORNIA STATE TRANSPORTATION AGENCY (CalSTA), OR THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (Caltrans) WHEREAS, the City of Fresno may receive state funding from Cal OES, CalSTA, or Caltrans, now or sometime in the future for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to execute an agreement with Cal OES, CalSTA, or Caltrans before it can be reimbursed for project expenditures; and WHEREAS, the Cal OES, CalSTA, and Caltrans utilizes agreements or Master Agreements for State-Funded Transit Projects, along with associated Program Supplements, for the purpose of administering and reimbursing state transit funds to local agencies; and WHEREAS, the City of Fresno wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager, or their designee. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 2 of 3 533367v1 1. The City agrees to comply with all conditions and requirements set forth in this agreement and applicable statutes, regulations and guidelines for all state -funded transit projects. 2. The City certifies that the City has reviewed, understands and, to the extent consistent with all constitutional and local law requirements and this resolution, agrees to the provisions contained in the program guidelines, and related documents. 3. The City of Fresno is a public entity established under the laws of the State of California, and a Designated Recipient as defined by Senate Bill 88 (S B88) and Government Code Section (8879.55). 4. The City Manager, or their designee is authorized· to prepare and execute for and on behalf of the City of Fresno, any actions necessary, all documents including, but not limited to Master Agreements, Award Agreements, and all Program Supplements , which are necessary to the purpose of obtaining grant funds provided by Cal OES, CalSTA, and Caltrans. 5. This resolution shall be effective upon final approval. 3 of 3 533367v1 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2025. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2025 Mayor Approval/No Return: , 2025 Mayor Veto: , 2025 Council Override Vote: , 2025 TODD STERMER, MMC City Clerk By: Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Jennifer M. Wharton Date Deputy City Attorney City of Fresno Master Agreement No. 64FRESNO2025MA Program Supplement No. XXXXXXPS 7/22/2025 Page 1 533370v1 California State Transportation Agency Transit and Intercity Rail Capital Program Grant Recipient: City of Fresno CalSTA Transit and Intercity Rail Capital Program Administered by: California Department of Transportation Division of Local Assistance 1120 N Street, Room 3300 P.O. Box 942874, MS-39 Sacramento, California 94274-0001 City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 2 533370v1 TABLE OF CONTENTS RECITALS __________________________________________________________________________ 4 ARTICLE I - DEFINITIONS _____________________________________________________________ 5 ARTICLE II – TIRCP PROJECTS AND ADMINISTRATION __________________________________ 7 Section 1. TIRCP Projects and Project Management _______________________________ 7 Section 2. Program Supplement _________________________________________________ 8 A. General __________________________________________________________________ 8 B. Project Overrun _________________________________________________________ 10 C. Cost Savings and Project Completion _____________________________________ 10 D. Scope of Work __________________________________________________________ 11 E. Program Supplement Amendments ______________________________________ 11 Section 3. Allowable Costs and Payments _______________________________________ 12 A. Allowable Costs and Progress Payment Invoice ___________________________ 12 B. Final Invoice _____________________________________________________________ 12 ARTICLE III – GENERAL PROVISIONS _________________________________________________ 12 Section 1. Funding ______________________________________________________________ 12 Section 2. Audits and Reports ___________________________________________________ 13 A. Cost Principles ___________________________________________________________ 13 B. Record Retention ________________________________________________________ 13 C. Reporting Requirements _________________________________________________ 14 Section 3. Special Requirements ________________________________________________ 16 A. California Transportation Commission Resolutions __________________________ 16 B. Recipient Resolution _____________________________________________________ 17 C. Termination _____________________________________________________________ 17 D. Third Party Contracting __________________________________________________ 18 E. Change in Funds and Terms/Amendments ________________________________ 18 F. Project Ownership _______________________________________________________ 19 G. Disputes_________________________________________________________________ 21 H. Hold Harmless and Indemnification _______________________________________ 22 I. Labor Code Compliance ________________________________________________ 22 J. Non-Discrimination Clause _______________________________________________ 22 K. State Fire Marshal Building Standards Code _______________________________ 24 L. Americans with Disabilities Act ___________________________________________ 24 M. Access for Persons with Disabilities ________________________________________ 24 N. Disabled Veterans Program Requirements ________________________________ 24 O. Environmental Process ___________________________________________________ 24 P. Force Majeure __________________________________________________________ 25 ARTICLE IV – MISCELLANEOUS PROVISIONS _________________________________________ 25 Section 1. Miscellaneous Provisions ______________________________________________ 25 A. Successor Acts __________________________________________________________ 25 City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 3 533370v1 B. Successor and Assigns to the Parties ______________________________________ 25 C. Notice __________________________________________________________________ 26 D. Amendment ____________________________________________________________ 27 E. Representation and Warranties of the Parties ______________________________ 27 F. Construction, Number, Gender and Captions _____________________________ 28 G. Complete Agreement ___________________________________________________ 28 H. Partial Invalidity __________________________________________________________ 28 I. Conflicts ________________________________________________________________ 29 J. Counterparts ____________________________________________________________ 29 K. Governing Law __________________________________________________________ 29 Appendix A - TIRCP PROGRAM GUIDELINES AND DEPARTMENT DELEGATION __________ 31 Appendix B - RECIPIENT'S RESOLUTION ______________________________________________ 32 City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 4 533370v1 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Effective Date of this Agreement: December 2024, Year or upon final signature, whichever is later Termination Date of this Agreement: December 2034 Recipient: City of Fresno Application Funding: The Greenhouse Gas Reduction Fund, Senate Bill 1 Fund, and General Fund are the applicable funding sources covered by this Agreement and will be identified in each specific Program Supplement, adopting the terms of this Agreement. RECITALS 1. WHEREAS, The Global Warming Solutions Act of 2006, codified at Cal. Health & Safety C. § 38500 et seq. (the “Act”) (Assembly Bill [AB] 32, Nunez, Chapter 488) created a comprehensive program to reduce greenhouse gas emissions in California. The Act required California to reduce greenhouse gases to 1990 levels by 2020, and to maintain and continue reductions beyond 2020. In March 2012, Governor Brown signed Executive Order B‐16‐2012 affirming a long‐ range climate goal for California to reduce greenhouse gases from the transportation sector to 80 percent below 1990 levels by 2050. 2. WHEREAS, the Cap‐and‐Trade Program is a key element in California’s climate plan. It creates a limit on the emissions from sources responsible for 85 percent of California’s greenhouse gas emissions, establishes the price signal needed to drive long‐term investment in cleaner fuels and more efficient use of energy, and gives covered entities flexibility to implement the lowest ‐cost options to reduce greenhouse gas emissions. 3. WHEREAS, in 2012, the Legislature passed and Governor Brown signed into law three bills, AB 1532 (Pérez, Chapter 807, Statutes of 2012), Senate Bill (SB) 535 (De León, Chapter 830, Statutes of 2012), and SB 1018 (Budget and Fiscal Review Committee, Chapter 39, Statutes of 2012), that established the Greenhouse Gas Reduction Fund (GGRF) to receive proceeds from the distribution of allowances via auction and provided the framework for how those auction proceeds will be appropriated and expended. These statutes require that expenditures from the City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 5 533370v1 GGRF be used to facilitate the achievement of greenhouse gas emission reductions and further the purposes of the Act. 4. WHEREAS, in 2017, the Legislature passed and Governor Brown signed into law the Road Repair and Accountability Act of 2017 SB 1, which directed additional funding to the Transit and Intercity Rail Capital Program (TIRCP). 5. WHEREAS, TIRCP is funded pursuant to Public Resources Code section 75220 et seq. and Health and Safety Code section 39719 et seq. 6. WHEREAS, as directed by Cal. Pub. Resources C. sections 75223, 75224, CalSTA has established and updated TIRCP Program Guidelines that describe the policy, standards, criteria, and procedures for the development, adoption and management of the TIRCP Program. 7. WHEREAS, Recipient submitted an application, been evaluated and selected by CalSTA in accordance with the TIRCP Program Guidelines. 8. WHEREAS, on August 17, 2015, CalSTA delegated the administration of the TIRCP Program to the Department pursuant to the TIRCP Program Guidelines and the Department’s policies and procedures for the administration of similar grant programs. 9. NOW THEREFORE, in consideration of the recitals and the rights, duties and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree to the following: 10. This Agreement, entered into effective as of the date set forth above, is between the signatory public entity identified hereinabove, (hereinafter referred to as Recipient), and the STATE OF CALIFORNIA, acting by and through the California Department of Transportation (hereinafter referred to as DEPARTMENT), and subject to the approval of the California State Transportation Agency (CalSTA). ARTICLE I - DEFINITIONS The terms defined in this Article I shall for all purposes of this Agreement have the meanings specified herein. 1.1 “Act” refers to the Global Warming Solutions Act of 2006 (the “Act”) (Assembly Bill [AB] 32, Nunez, Chapter 488) codified at Cal. Health & Safety C. §§ 38500 et seq. City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 6 533370v1 1.2 “Agreement” shall mean this Agreement, inclusive of all appendices and Program Supplements, whereby the Department, on behalf of CalSTA, and pursuant to the Act and as set forth herein, administers the TIRCP Program. 1.3 “Award Agreement” shall mean a project-specific subcontract to this agreement executed following Project award and may include Project specific information, expected outcomes, and deliverables. 1.4 “California Department of Transportation” or “Caltrans” or “Department” or “State” means the State of California, acting by and through its Department of Transportation of the State of the State of California, and any entity succeeding to the powers, authorities and responsibilities of the Department invoked by or under this Agreement or the Program Supplements. 1.5 “California Transportation Commission” or “CTC” shall refer to the commission established in 1978 by Assembly Bill 402 (Chapter 1106, Statutes of 1977). 1.6 “Effective Date” means the date set forth on page 4 of this Agreement. 1.7 “Greenhouse Gas Reduction Funds” or “GGRF” shall mean the funds subject to Chapter 26, Statutes of 2014, authorizing the State to fund capital improvements and operational investments for California’s transit systems and intercity, commuter, and urban rail systems. 1.8 “Senate Bill 1” or “SB 1” shall mean the funds subject to Chapter 5, Statutes of 2017, authorizing the State to fund capital improvements and investments for California’s transit systems and intercity, commuter, and urban rail systems. 1.9 “General Fund” shall mean the funds subject to Chapters 21, 69, and 240, Statutes of 2021, authorizing the State to fund capital improvements and investments for California’s transit systems and intercity, commuter, and urban rail systems. 1.10 “Overall Funding Plan” has the meaning set forth in Article II, Section 2(A)(5)(c). 1.11 “Program Guidelines” shall mean the policy, standards, criteria, and procedures for the development, adoption and management of the TIRCP Projects established by CalSTA and provided in Appendix A. 1.12 “Program Supplement” shall mean a project-specific subcontract to this Agreement that is executed following a CTC approved action and includes all Project specific information needed to encumber funding and shall include City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 7 533370v1 expected outcomes and deliverables. Also referred to as Project Supplement Agreement. 1.13 “Program Supplement Last Expenditure Date” and refers to the last date for Recipient to incur valid Project costs or credits. 1.14 “Program Supplement Termination” shall occur when the Recipient’s obligations have been fully performed as set forth in Article II, Section 2D and Article III, Section 3(C)(2) or when terminated by convenience as set forth in Article III, Section 3(C)(1). 1.15 “Project” shall mean the project identified in Recipient’s application. 1.16 “Project Closeout Report” shall have the meaning set forth in Article II, Section 3(B). 1.17 “Project Financial Plan” shall have the meaning set forth in Article II, Section 2(A)(5)(d). 1.18 “Progress Payment Invoice” shall have the meaning set forth in Article II, Section 3A. 1.19 “Project Schedule” has the meaning set forth in Article II, Section 2(A)(5)(b). 1.20 “Scope of Work” has the meaning set forth in Article II, Section 2(A)(5)(a). 1.21 “Secretary” shall mean the Secretary of the California State Transportation Agency (CalSTA). Unless the context otherwise requires, any reference to the Secretary includes CalSTA and its officers and employees. 1.22 “State” shall mean the State of California. 1.23 “TIRCP Projects” shall mean projects that are selected and funded pursuant to the Transit and Intercity Rail Capital Program. ARTICLE II – TIRCP PROJECTS AND ADMINISTRATION Section 1. TIRCP Projects and Project Management 1. TIRCP Projects, pursuant to the Act, are established by CalSTA in accordance with the TIRCP Program Guidelines. Under delegation from CalSTA, the Department will administer the TIRCP Program in accordance with the TIRCP Program Guidelines and best management practices identified in the administration of similar Department grant programs. City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 8 533370v1 2. By this reference, TIRCP Program Guidelines are made an express part of this Agreement and shall apply to each TIRCP Program funded Project as may be amended or updated. Recipient will cause its specific TIRCP mandated Resolution to be attached as part of any TIRCP funded Program Supplement as a condition precedent to the acceptance of GGRF, SB 1, and/or General Funds (upon availability and allocation), for such project. 3. All inquiries during the term of this Agreement and any applicable Program Supplement will be directed to the project representatives identified below: State’s Project Administrator: California Department of Transportation Cinthia Spitaleri Branch Chief Capital Projects – Central Branch 916-764-2514 Email: Cinthia.Spitaleri@dot.ca.gov Recipient’s Project Administrator: City of Fresno Elizabeth Torres Senior Management Analyst Fresno Area Express Department of Transportation (559) 621-1429 Elizabeth.Torres@fresno.gov Section 2. Program Supplement A. General 1. This Agreement shall have no force and effect with respect to the Project unless and until a separate Project specific program supplement hereinafter referred to as “Program Supplement,” adopting all of the terms and conditions of this Agreement has been fully executed by both State and Recipient. 2. Recipient agrees to complete the defined scope of work for the Project, described in the Program Supplement adopting all of the terms and conditions of this Agreement. 3. A financial commitment of actual funds will only occur in each detailed and separate Program Supplement. No funds are obligated by the prior execution of this Agreement alone. 4. Recipient further agrees, as a condition to the release and payment of the funds encumbered for the scope of work described in each Program Supplement, to comply with the terms and conditions of this Agreement and all the agreed-upon special covenants and conditions attached to or made a part City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 9 533370v1 of the Program Supplement identifying and defining the nature of that specific scope of work. 5. The Program Supplement shall include a detailed scope of work, which shall include but not be limited to, a Project Description, a Project Schedule, an Overall Funding Plan, and a Project Financial Plan as required in the TIRCP Program Guidelines. a. The Scope of Work shall include a detailed description of the Project and will itemize the major tasks and their estimated costs. b. The Project Schedule shall include major tasks and/or milestones and their associated beginning and ending dates and duration. c. The Overall Funding Plan shall itemize the various Project Components, the committed funding program(s) or source(s), and the matching funds to be provided by Recipient and/or other funding sources, if any [these Components include Environmental and Permits; Plans, Specifications and Estimates (PS&E); Right-of-Way (ROW); and Construction (including transit vehicle acquisition)]. d. The Project Financial Plan shall identify estimated expenditures for the Project Component by funding source, provided that for the purposes of this Agreement the State is only monitoring compliance for expenditures for the TIRCP, including but not limited to GGRF, SB 1 and/or General Funds allocated for the Project Component. 6. Adoption and execution of the Program Supplement by Recipient and State, incorporating the terms and conditions of this Agreement into the Program Supplement as though fully set forth therein, shall be sufficient to bind Recipient to these terms and conditions when performing the Project. Unless otherwise expressly delegated to a third-party in a resolution by Recipient’s governing body, which delegation must be expressly assented to and concurred in by State, the Program Supplement shall be managed by Recipient. 7. The estimated cost and scope of the Project will be as described in the applicable Program Supplement. The State shall not participate in any funding for the Project beyond those amounts actually encumbered by the STATE as evidenced in the applicable Program Supplement unless the appropriate steps are followed and approval is granted by the CTC as described below. 8. Upon the stated expiration date of this Agreement, any Program Supplement executed under this Agreement for the Project with obligations yet to be completed pursuant to the approved Project Schedule, deliverables, and reporting requirements shall be deemed to extend the term of this Agreement City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 10 533370v1 only to conform to the specific Project termination or completion date, including completion of deliverables and reporting requirements, contemplated by the applicable Program Supplement to allow that uncompleted Project to be administered under the extended terms and conditions of this Agreement. 9. Total project cost includes the cost of a project for all phases (Plans, Specifications, and Estimates (PS&E), Project Approval and Environmental Document (PA&ED) Right-of-Way (ROW), and Construction (CON) including rolling stock) of a Project from start to finish. B. Project Overrun 1. If Recipient or the State determine, at any time during the performance of the Project, that the Project budget may be exceeded, Recipient shall take the following steps: a. Notify the designated State representative of the nature and projected extent of the overrun and, within a reasonable period thereafter, identify and quantify potential cost savings or other measures which Recipient will institute to bring the Project Budget into balance; and b. Identify the source of additional Recipient or other third-party funds that can be made available to complete Project. Recipient agrees that the allocation of the GGRF, SB 1 and/or General Funds is subject to the allocation proposed by the CalSTA, submitted by the State, and approved by the CTC. C. Cost Savings and Project Completion 1. Recipient is encouraged to evaluate design and construction alternatives that would mitigate the costs of delivering the commitments for the Project. Recipient shall take all steps necessary on a commercially reasonable basis that would generally be taken in accordance with best management practices. In determining cost savings, the Parties shall take into account all avoided costs, including avoided design, material, equipment, labor, construction, testing, acceptance and overhead costs and avoided costs due to time savings, and all the savings in financing costs associated with such avoided costs. 2. If there is an identification and implementation of any CalSTA approved alternative resulting in reduction of the Project costs, the parties agree that the recipient shall provide a prorated share of Project or TIRCP funded Project component cost savings based on the overall project match to the Department no later than 30 days after the submission of the final invoice. Subject to CalSTA’s approval, savings may be used towards another project component or towards increasing project benefits that are consistent with the original project award City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 11 533370v1 while maintaining the overall project match referenced in the project award and program supplements. 3. Program supplements will indicate the Project or Component proration of funding match. 4. The Recipient agrees to complete the Project and accepts sole responsibility for the payment of any cost increases. If either the Project or the funded components are not completed, the Recipient shall bear the burden of full TIRCP funds reimbursement to the Department. D. Scope of Work 1. Recipient shall be responsible for complete performance of the work described in the approved Program Supplement for the Project related to the commitment of encumbered funds. All work shall be accomplished in accordance with the applicable provisions of the Act, Public Utilities Code, the Streets and Highways Code, the Government Code, and other applicable statutes and regulations. 2. Recipient acknowledges and agrees that Recipient is the sole control and manager of the Project and its subsequent employment, operation, repair and maintenance for the benefit of the public. Recipient shall be solely responsible for complying with the funding and use restrictions established by (a) the statutes from which the GGRF, SB1, and General Funds are derived, (b) the CTC, (c) the State Treasurer, (d) the Internal Revenue Service, (e) the applicable Program Supplement, and (f) this Agreement. 3. Recipient acknowledges and agrees that the Recipient is responsible for complying with all reporting requirements established by the TIRCP Guidelines and California Air Resource Board (CARB) Funding Guidelines. E. Program Supplement Amendments Program Supplement amendments will be required whenever there are CalSTA or CTC approved actions, including but not limited to, Financial Allocations, Financial Allocation Amendments, Time Extensions and Technical Corrections. These changes shall be mutually binding upon the Parties only following the execution of a Program Supplement amendment. City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 12 533370v1 Section 3. Allowable Costs and Payments A. Allowable Costs and Progress Payment Invoice 1. Not more frequently than once a month, Recipient will prepare and submit to State signed Progress Payment Invoice for actual Project costs incurred and paid for by Recipient consistent with the allocation and Scope of Work document in the Program Supplement and State shall pay those uncontested allowable costs once the invoice is reviewed and approved by the Department, subject to CalSTA’s approval. If no costs were incurred during any given quarter, Recipient is exempt from submitting a signed Progress Payment Invoice. 2. State shall not be required to reimburse more funds, cumulatively, per quarter of any fiscal year greater than the sums identified and included in the Project Financial Plan. The State shall hold the right to determine reimbursement availability based on an approved expenditure plan and TIRCP anticipated or actual funding capacity. Each such invoice will report the total of Project expenditures from GGRF, SB 1 and/or General Funds (including those of Recipient and third parties) and will specify the percent of State reimbursement requested and the GGRF, SB 1 and/or General Funds source. B. Final Invoice The Program Supplement Last Expenditure Dates(s) refer to the last date for Recipient to incur valid Project costs or credits. Recipient has one hundred and eighty (180) days after that Last Expenditure Date to make already incurred final allowable payments to Project contractors or vendors, prepare the Project Closeout Report, and submit the final invoice to State for reimbursement of allowable Project costs before those remaining State funds are unencumbered and those funds are reverted as no longer available to pay any Project costs. Recipient expressly waives any right to allowable reimbursements from State pursuant to this Agreement for costs incurred after that termination date and for costs invoiced to Recipient for payment after that one hundred and eightieth (180th) day following the Project Last Expenditure Date. ARTICLE III – GENERAL PROVISIONS Section 1. Funding 1. Recipient agrees to contribute at least the statutorily or other required local contribution of matching funds (other than State or federal funds), if any is specified within the Program Supplement or any appendices thereto, toward the actual cost of the Project or the amount, if any, specified in any executed SB 2800 (Streets and Highways Code Section 164.53) Agreement for local match fund credit, whichever is greater. Recipient shall contribute not less than its required City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 13 533370v1 match amount toward the Project cost in accordance with a schedule of payments as shown in the Project Financial Plan prepared by Recipient and approved by State as part of a Program Supplement. Section 2. Audits and Reports A. Cost Principles 1. Recipient agrees to comply with Title 2 Code of Federal Regulations 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles for State and Local Government, and Audit Requirements for Federal Awards. 2. Recipient agrees, and will assure that its contractors and subcontractors will be obligated to follow 2 CFR 200 and which shall be used to determine the allowability of individual Project cost items. Every sub-recipient receiving Project funds as a contractor or sub-contractor under this Agreement shall comply with 2 CFR 200. 3. Any Project costs for which Recipient has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR 200, are subject to repayment by Recipient to State. Should Recipient fail to reimburse moneys due State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, State is authorized to intercept and withhold future payments due to Recipient from State or any third- party source whose funding passes through the State, including but not limited to, the State Treasurer, the State Controller and the CTC. 4. The State may terminate the grant for any reason at any time if it is determined by the State, based on an audit under this section, that there has been a violation of any State or federal law or policy by the Recipient during performance under this or any other grant agreement or contract entered into with the State. If the grant is terminated under this section, the Recipient may be required to fully or partially repay funds. B. Record Retention 1. Recipient agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system of Recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of Recipient, its contractors and subcontractors connected with Project performance under this City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 14 533370v1 Agreement and each Program Supplement shall be maintained for a minimum of three (3) years from the date of final payment to Recipient under a Program Supplement and shall be held open to inspection, copying, and audit by representatives of State, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by Recipient, its contractors, and subcontractors upon receipt of any request made by State or its agents. In conducting an audit of the costs and match credits claimed under this Agreement, State will rely to the maximum extent possible on any prior audit of Recipient pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by Recipient’s external and internal auditors may be relied upon and used by State when planning and conducting additional audits. 2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of Recipient’s contracts with third parties pursuant to Government Code section 8546.7, Recipient, Recipient’s contractors and subcontractors, and State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such Agreement and Program Supplement materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to Recipient under any Program Supplement. State, the California State Auditor, or any duly authorized representative of State or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to the Project for audits, examinations, excerpts, and transactions, and Recipient shall furnish copies thereof if requested. 3. Recipient, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by State, for the purpose of any investigation to ascertain compliance with this Agreement and the Act. C. Reporting Requirements 1. Reporting requirements of Recipient will include whether reported implementation activities are within the scope of the Project Program Supplement and in compliance with State laws, regulations, and administrative requirements. City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 15 533370v1 2. TIRCP Progress Reporting shall be no more frequently than monthly and no less frequently than quarterly at the discretion of the State and shall generally include the following information; a. Activities and progress made towards implementation of the project during the reporting period and activities anticipated to take place in the next reporting period; b. Identification of whether the Project is proceeding on schedule and within budget; c. Identification of whether the Project Deliverables are proceeding on schedule. d. Identification of changes to the Project funding plan, milestone schedule, or deliverables completion date; e. Any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties for either the Project or other State funded projects impacted by the Project’s scope of work and the efforts or activities being undertaken to minimize impacts to schedule, cost, or deliverables; 3. CARB Reporting shall be no more frequently than monthly and no less frequently than semiannually at the discretion of CARB and shall include the following information (subject to modification by CARB); a. Identify metrics and benefits achieved for disadvantaged communities, low income communities, and/or low-income households; b. continued reporting following project implementation to identify benefits achieved. c. Any and all other requirements instituted by CARB. 4. Within one year of the Project or reportable Project components becoming operable, the implementing agency must provide a final delivery report including at a minimum: a. Scope of completed Project as compared to Programmed Project; b. Performance outcomes derived from the project as compared to outcomes described in the Project application and shall include but not be limited to before and after measurements and estimates for ridership, service levels, greenhouse gas reductions, updated estimated greenhouse gas reductions over the life of the project, benefits to disadvantaged communities, City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 16 533370v1 low income communities, and/or low income households, and project co- benefits as well as an explanation of the methodology used to quantify the benefits. c. Before and after photos documenting the project d. The final costs as compared to the approved project budget by component and fund type, and an estimate of the TIRCP funds spent to benefit disadvantaged communities, low-income communities, and/or low-income households, and e. The project duration as compared to the project schedule in the project application. Section 3. Special Requirements A. California Transportation Commission Resolutions 1. Recipient shall adhere to applicable CTC policies on “Timely Use of Funds” as stated in Resolution G-06-04, adopted April 26, 2006, addressing the expenditure and reimbursement of GGRF, SB 1 and/or General Funds. These resolutions, and/or successor resolutions in place at the time a Program Supplement is executed, shall be applicable to GGRF, SB 1 and/or General Funds, respectively. 2. Recipient shall be bound to the terms and conditions of this Agreement, the Project application contained in the Program Supplement (as applicable); and CTC Resolutions G-06-04, G-09-11 and/or their respective successors in place at the time the Program Supplement is signed (as applicable) and all restrictions, rights, duties and obligations established therein on behalf of State and CTC shall accrue to the benefit of the CTC and shall thereafter be subject to any necessary enforcement action by CTC or State. All terms and conditions stated in the aforesaid CTC Resolutions and CTC-approved Guidelines in place at the time the Program Supplement is signed (if applicable) shall also be considered to be binding provisions of this Agreement. 3. Recipient shall conform to any and all permit and mitigation duties associated with Project as well as all environmental obligations established in CTC Resolution G-91-2 and/or its successors in place at the time a Program Supplement is signed, as applicable, at the expense of Recipient and/or the responsible party and without any further financial contributions or obligations on the part of State unless a separate Program Supplement expressly provides funding for the specific purpose of hazardous materials remediation. City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 17 533370v1 B. Recipient Resolution 1. Recipient has executed this Agreement pursuant to the authorizing Recipient resolution, attached as Appendix B to this Agreement, which empowers Recipient to enter into this Agreement and which may also empower Recipient to enter into all subsequent Program Supplements adopting the provisions of this Agreement. 2. If Recipient or State determines that a separate Resolution is needed for each Program Supplement, Recipient will provide information as to who the authorized designee is to act on behalf of the Recipient to bind Recipient with regard to the terms and conditions of any said Program Supplement or amendment and will provide a copy of that additional Resolution to State with the Program Supplement or any amendment to that document. C. Termination 1. Termination Convenience by State a. State reserves the right to terminate funding for any Program Supplement, subject to CalSTA approval, upon written notice to Recipient in the event that Recipient fails to proceed with Project work in accordance with the Program Supplement, or otherwise violates the conditions of this Agreement and/or the Program Supplement or the funding allocation such that substantial performance is significantly endangered. b. No such termination shall become effective if, within thirty (30) days after receipt of a notice of termination, Recipient either cures the default involved or, if not reasonably susceptible of cure within said thirty (30)-day period, Recipient proceeds thereafter to complete the cure in a manner and time line acceptable to State. Any such termination shall be accomplished by delivery to Recipient of a notice of termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this Agreement is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, Recipient and State shall meet to attempt to resolve any dispute. c. Following a fund encumbrance made pursuant to a Program Supplement, if Recipient fails to expend GGRF, SB 1, and/or General Funds monies within the time allowed specified in the Program Supplement, those funds may revert, and be deemed withdrawn and will no longer be available to reimburse Project work unless those funds are specifically made available beyond the end City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 18 533370v1 of that Fiscal Year through re-appropriation or other equivalent action of the Legislature and written notice of that action is provided to Recipient by State. d. In the event State terminates a Program Supplement for convenience and not for a default on the part of Recipient as is contemplated in this section, Recipient shall be reimbursed its authorized costs up to State’s proportionate and maximum share of allowable Project costs incurred to the date of Recipient’s receipt of that notice of termination, including any unavoidable costs reasonably and necessarily incurred up to and following that termination date by Recipient to effect such termination following receipt of that termination notice. 2. Termination After Recipient’s Obligations Fully Performed Following project completion, and all obligations as defined in the TIRCP Guidelines, CARB Guidelines, and Program Supplement are fully performed, including Project completion of all deliverables and reporting, the Program Supplement shall be terminated. If the Project obligations are not fully performed, as defined under this section, the Recipient may be required to fully or partially repay funds. D. Third Party Contracting 1. Recipient shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this Agreement without the prior written approval of State. Contracts awarded by Recipient, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. 2. Any subcontract entered into by Recipient as a result of this Agreement shall contain the provisions of ARTICLE III – GENERAL PROVISIONS, Section 2. Audits and Reports and shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors. 3. In addition to the above, the preaward requirements of third-party contractor/consultants with local transit agencies should be consistent with Local Program Procedures (LPP-00-05). E. Change in Funds and Terms/Amendments This Agreement and the resultant Program Supplements may be modified, altered, or revised only with the joint written consent of Recipient and State. City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 19 533370v1 F. Project Ownership 1. Unless expressly provided to the contrary in a Program Supplement, subject to the terms and provisions of this Agreement, Recipient, or a designated subrecipient acceptable to State, as applicable, shall be the sole owner of all improvements and property included in the Project constructed, installed or acquired by Recipient or subrecipient with funding provided to Recipient under this Agreement. Recipient, or subrecipient, as applicable, is obligated to continue operation and maintenance of the physical aspects of the Project dedicated to the public transportation purposes for which Project was initially approved unless Recipient, or subrecipient, as applicable, ceases ownership of such Project property; ceases to utilize the Project property for the intended public transportation purposes; or sells or transfers title to or control over Project and State is refunded the Credits due State as provided in paragraph (2) herein below. 2. Project right-of-way, Project facilities constructed or reconstructed on the Project site and/or Project property (including vehicles and vessels) purchased by Recipient (excluding temporary construction easements and excess property whose proportionate resale proceeds are distributed pursuant to this Agreement) shall remain permanently dedicated to the described public transit use in the same proportion and scope, and to the same extent as mandated in the Program Supplement, unless State agrees otherwise in writing. Vehicles acquired as part of Project, including, but not limited to, buses, vans, rail passenger equipment, shall be dedicated to that public transportation use for their full economic life cycle, which, for the purpose of this Agreement, will be determined in accordance with standard national transit practices and applicable rules and guidelines, including any extensions of that life cycle achievable by reconstruction, rehabilitation or enhancements. The exceptions to this section are outlined below: a. Except as otherwise set forth in this Section, State, or any other State- assignee public body acting on behalf of the CTC, shall be entitled to a refund or credit (collectively the Credit), at State’s sole option, equivalent to the proportionate Project funding participation received by Recipient from State if Recipient, or a sub-recipient, as applicable, (i) ceases to utilize Project for the original intended public transportation purposes or (ii) sells or transfers title to or control over Project. If federal funds (meaning only those federal funds received directly by Recipient and not federal funds derived through or from the State) have contributed to the Project, Recipient shall notify both State and the original federal source of those funds of the disposition of the Project assets or the intended use of those sale or transfer receipts. City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 20 533370v1 b. State shall also be entitled to an acquisition credit for any future purchase or condemnation of all or portions of Project by State or a designated representative or agent of State. c. The Credit due State will be determined by the ratio of State’s funding when measured against the Recipient’s funding participation (the Ratio). For purposes of this Section, the State’s funding participation includes federal funds derived through or from State. That Ratio is to be applied to the then present fair market value of Project property acquired or constructed as provided in (d) and (e) below. d. For Mass Transit vehicles, this Credit [to be deducted from the then remaining equipment value] shall be equivalent to the percentage of the full extendable vehicle economic life cycle remaining, multiplied by the Ratio of funds provided for that equipment acquisition. For real property, this same funding Ratio shall be applied to the then present fair market value, as determined by State, of the Project property acquired or improved under this Agreement. e. Such Credit due State as a refund shall not be required if Recipient dedicates the proceeds of such sale or transfer exclusively to a new or replacement State approved public transit purpose, which replacement facility or vehicles will then also be subject to the identical use restrictions for that new public purpose and the Credit ratio due State should that replacement project or those replacement vehicles cease to be used for that intended described pre- approved public transit purpose. i. In determining the present fair market value of property for purposes of calculating State’s Credit under this Agreement, any real property portions of the Project site contributed by Recipient shall not be included. In determining State’s proportionate funding participation, State’s contributions to third parties (other than Recipient) shall be included if those contributions are incorporated into the Project. ii. Once State has received the Credit as provided for above because Recipient, or a sub-recipient, as applicable, has (a) ceased to utilize the Project for the described intended public transportation purpose(s) for which State funding was provided and State has not consented to that cessation of services or (b) sold or transferred title to or control over Project to another party (absent State approval for the continued transit operation of the Project by that successor party under an assignment of Recipient’s duties and obligations), neither Recipient, subrecipient, nor any party to whom Recipient or subrecipient, as applicable, has transferred said title or control shall have any further obligation under this Agreement to continue operation of Project and/or Project facilities for City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 21 533370v1 those described public transportation purposes, but may then use Project and/or any of its facilities for any lawful purpose. iii. To the extent that Recipient operates and maintains Intermodal Transfer Stations as any integral part of Project, Recipient shall maintain each station and all its appurtenances, including, but not limited to, restroom facilities, in good condition and repair in accordance with high standards of cleanliness (Public Utilities Code section 99317.8). Upon request of State, Recipient shall also authorize State-funded bus services to use those stations and appurtenances without any charge to State or the bus operator. This permitted use will include the placement of signs and informational material designed to alert the public to the availability of the State-funded bus service (for the purpose of this paragraph, "State-funded bus service" means any bus service funded pursuant to Public Utilities Code section 99316). G. Disputes Parties shall develop a mutually agreed upon issue resolution process, as described below, and issues between the Parties are to be resolved in a timely manner. The Parties agree to the following: 1. If the Parties are unable to reach agreement on any particular issue relating to either Parties’ obligations pursuant to this Agreement, the Parties agree to promptly follow the issue resolution process as outlined below: a. The Department’s project manager and the Recipient’s equivalent may initiate the process of informal dispute resolution by providing the other Party with written notice of a dispute. The written notice shall provide a clear statement of the dispute and shall refer to the specific provisions of this Agreement or Program Supplement that pertain to the dispute. The Department’s project manager and the Recipient’s equivalent shall meet and attempt to resolve the dispute within five days from the written notice. If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties. b. If the dispute is not resolved by the fifth day from the written notice, the Department’s senior project manager and the Recipient’s equivalent shall meet and review the dispute within five days. The Department’s senior project manager and the Recipient’s equivalent manager shall attempt to resolve the dispute within ten days of their initial meeting. If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties. City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 22 533370v1 c. If the dispute is not resolved by the tenth day, the Department’s Director or his designee and the Recipient’s equivalent manager shall meet and review the dispute within five days. The Department’s Director or his designee and the Recipient’s equivalent manager shall attempt to resolve the dispute within ten days of the initial meeting. If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties. If the dispute is not resolved by the tenth day by the Department’s Director or his designee and the Recipient’s equivalent manager, the Parties shall submit the matter to the Secretary of CalSTA for a final administrative determination. H. Hold Harmless and Indemnification 1. Neither State nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Recipient, its agents and contractors under or in connection with any work, authority, or jurisdiction delegated to Recipient under this Agreement or any Program Supplement or as respects environmental clean-up obligations or duties of Recipient relative to Project. It is also understood and agreed that, Recipient shall fully defend, indemnify and hold the CTC and State and their officers and employees harmless from any liability imposed for injury and damages or environmental obligations or duties arising or created by reason of anything done or imposed by operation of law or assumed by, or omitted to be done by Recipient under or in connection with any work, authority, or jurisdiction delegated to Recipient under this Agreement and all Program Supplements. 2. Recipient shall indemnify, defend and hold harmless State, the CTC and the State Treasurer relative to any misuse by Recipient of State funds, Project property, Project generated income or other fiscal acts or omissions of Recipient. I. Labor Code Compliance Recipient shall include in all subcontracts awarded using Project funds, when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code §§ 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective the date of Contract award by the Recipient. J. Non-Discrimination Clause 1. In the performance of work under this Agreement, Recipient, its contractor(s) and all subcontractors, shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 23 533370v1 of sex, race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age, marital status, family and medical care leave, pregnancy leave, and disability leave. Recipient, its contractor(s) and all subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Recipient, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. 2. Each of the Recipient’s contractors, subcontractors, and/or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. The Recipient shall include the non-discrimination and compliance provisions hereof in all contracts and subcontracts to perform work under this Agreement. 3. Should federal funds be constituted as part of Project funding or compensation received by Recipient under a separate Contract during the performance of this Agreement, Recipient shall comply with this Agreement and with all federal mandated contract provisions as set forth in that applicable federal funding agreement. 4. Recipient shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this Agreement. 5. The Recipient shall comply with the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964. Accordingly, 49 CFR 21 (Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964) and 23 CFR Part 200 (Title VI Program and Related Statutes—Implementation and Review Procedures) are made applicable to this Agreement by this reference. Wherever the term “Contractor” appears therein, it shall mean the Recipient. 6. The Recipient shall permit, and shall require that its contractors, subcontractors, and subrecipients will permit, access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by Department to investigate compliance with this Section J. City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 24 533370v1 K. State Fire Marshal Building Standards Code The State Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any State-owned or State-occupied buildings per section 13108 of the Health and Safety Code. When applicable, Recipient shall request that the State Fire Marshal review Project PS&E to ensure Project consistency with State fire protection standards. L. Americans with Disabilities Act By signing this Master Agreement, Recipient assures State that Recipient shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.). M. Access for Persons with Disabilities Disabled access review by the Department of General Services (Division of the State Architect) is required for all publicly funded construction of buildings, structures, sidewalks, curbs and related facilities. Recipient will award no construction contract unless Recipient’s plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. N. Disabled Veterans Program Requirements 1. Should Military and Veterans Code sections 999 et seq. be applicable to Recipient, Recipient will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business Enterprises goals (or Recipient’s applicable higher goals) in the award of every contract for Project work to be performed under these this Agreement. 2. Recipient shall have the sole duty and authority under this Agreement and each Program Supplement to determine whether these referenced code sections are applicable to Recipient and, if so, whether good faith efforts asserted by those contractors of Recipient were sufficient as outlined in Military and Veterans Code sections 999 et seq. O. Environmental Process Completion of the Project environmental process (“clearance”) by Recipient (and/or State if it affects a State facility within the meaning of the applicable City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 25 533370v1 statutes) is required prior to requesting Project funds for right-of-way purchase or construction. No State agency may request funds nor shall any State agency, board or commission authorize expenditures of funds for any Project effort, except for feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied with all appropriate documentation of compliance with or exemption from the California Environmental Quality Act (CEQA) (including, if as appropriate, an environmental impact report, negative declaration, or notice of exemption) under California Public Resources Code section 21080(b) (10), (11), and (12) provides an exemption for a passenger rail project that institutes or increases passenger or commuter services on rail or highway rights-of-way already in use. P. Force Majeure Each party will be excused from performance of its obligations where such non- performance is caused by any extraordinary event beyond its reasonable control, such as any non-appealable order, rule or regulation of any federal or state governmental body, fire, flood, earthquake, storm, hurricane or other natural disaster, epidemic, pandemic, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption, provided that the party excused hereunder shall use all reasonable efforts to minimize its non-performance and to overcome, remedy or remove such event in the shortest practical time. Should a force majeure event occur which renders it impossible for a period of forty-five (45) or more consecutive days for either party to perform its obligations hereunder, the Parties agree to negotiate in good faith to amend the existing Master Agreement or Supplemental Agreement to deal with such event and to seek additional sources of funding to continue the operation of the Service. ARTICLE IV – MISCELLANEOUS PROVISIONS Section 1. Miscellaneous Provisions A. Successor Acts All statutes cited herein shall be deemed to include amendments to and successor statutes to the cited statues as they presently exist. B. Successor and Assigns to the Parties Neither this Agreement nor any right, duty or obligation hereunder may be assigned, transferred, hypothecated or pledged by any party without the express City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 26 533370v1 written consent of the other party; provided, that unless otherwise expressly required herein, a party shall not be obligated to obtain the written consent of the other party with respect to any contract related to the Service for the provision of goods and/or services to the contracting party in the ordinary course of business. C. Notice Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such other addresses as may be specified in writing and given to the other party in accordance herewith. If given to the Department: State of California Department of Transportation Division of Local Assistance P.O. Box 942874 Sacramento, CA 994274-0001 Attention: Division of Local Assistance, TIRCP Contract Manager, Mail Stop 39 with a copy to: California State Transportation Agency 915 Capitol Mall Suite 350 B Sacramento, CA 95814 If given to the Recipient: City of Fresno 2223 G Street Fresno, CA 93706 Attention: Linda Taylor City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 27 533370v1 D. Amendment This Agreement may not be changed, modified, or amended except in writing, signed by the parties hereto, and approved in advance in writing by the Secretary, and any attempt at oral modification of this Agreement shall be void and of no effect. E. Representation and Warranties of the Parties 1. Recipient hereby represents and warrants to the Department that: a. Recipient is in good standing under applicable law, with all requisite power and authority to carry on the activities for which it has been organized and proposed to be conducted pursuant to this Agreement. b. Recipient has the requisite power and authority to execute and deliver this Agreement and to carry out its obligations hereunder. The execution and delivery of this Agreement by such entity, the performance by it of its obligations thereunder and the consummation of the transactions contemplated thereby have been duly authorized by the governing board of such entity and no other proceedings are necessary to authorize this Agreement or to consummate the transactions contemplated thereby. The Agreement have been duly and validly executed and delivered by such entity and constitute valid and binding obligations of such entity, enforceable against it in accordance with their terms, except to the extent that such enforceability may be subject to bankruptcy, insolvency, reorganization, moratorium or other laws now or hereinafter in effect relating to the creditor’s rights and the remedy of specific enforcement and injunctive and other forms of equitable relief, and may be subject to equitable defenses and to the discretion of the court before which any proceeding therefore may be brought. c. Neither the execution and delivery of this Agreement and the performance of its obligations thereunder nor the consummation of the transactions contemplated thereby will (i) conflict with or result in a breach of any provision of any agreement to which Recipient is a party; (ii) violate any write, order, judgment, injunction, decrees, statute, rule or regulation of any court or governmental authority applicable to such entity or its property or assets. 2. The Department does hereby represent and warrant with respect to each provision of this Agreement to the Recipient that: a. It validly exists with all requisite power and authority to carry on the activities proposed to be conducted pursuant to this Agreement. City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 28 533370v1 b. It has the requisite power and authority to execute and deliver this Agreement and to carry out its obligations thereunder. The execution and delivery of this Agreement, the performance by it of its obligations thereunder and the consummation of the transactions contemplated thereby have been duly authorized and no other proceedings are necessary to authorize this Agreement or to consummate the transactions contemplated thereby. The agreement have been duly and validly executed and delivered by it and constitute valid and binding obligations, enforceable against it in accordance with their terms, except to the extent that such enforceability may be subject to bankruptcy, insolvency, reorganization, moratorium or other laws now or hereinafter in effect relating to creditor’s rights and other forms of equitable relief, and may be subject to equitable defenses and to the discretion of the court before which any proceeding therefore may be brought. c. Neither the execution and delivery of this Agreement and the performance of its obligations thereunder nor the consummation of the transactions contemplated thereby will (i) conflict with or result in a breach of any provision of any agreement to which the Recipient is a party; (ii) violate any writ, order, judgment, injunction, decree, statute, rule or regulation of any court or governmental authority applicable to such entity or its property or assets. F. Construction, Number, Gender and Captions The Agreement have been executed in the State of California and shall be construed according to the law of said State. Numbers and gender as used therein shall be construed to include that number and/or gender which is appropriate in the context of the text in which either is included. Captions are included therein for the purposes of ease of reading and identification. Neither gender, number nor captions used therein shall be construed to alter the plain meaning of the text in which any or all of them appear. G. Complete Agreement This Agreement, including Appendices, constitutes the full and complete agreement of the parties, superseding and incorporating all prior oral and written agreements relating to the subject matter of this Agreement. All attached Appendices A and B are hereby incorporated and made an integral part of this Agreement by this reference. H. Partial Invalidity If any part of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the validity, legality or enforceability of any other part of this Agreement and the remaining parts of this Agreement shall be City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 29 533370v1 enforced as if such invalid, illegal or unenforceable part were not contained herein. I. Conflicts To the extent that any provision of or requirement of this Agreement may conflict with a provision or requirement of any other agreement between the parties hereto, or between a party hereto and any other party, which is attached to this Agreement as an appendix, the priority of agreements shall be employed to resolve such conflict. In the event of a conflict, the Master Agreement controls the Program Supplement and any further Amendments. J. Counterparts This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of which shall be deemed to be one instrument. Copies of this Agreement may be used in lieu of the original. K. Governing Law The Agreement shall be governed by and construed in accordance with the laws of the State of California. [Signatures follow on the next page.] City of Fresno Master Agreement No. 64FRESNOMA Program Supplement No. XXXXXXPS Revised as of 7/22/2025 Page 30 533370v1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers, on the day and year first written above. STATE OF CALIFORNIA, Department of Transportation By:_______________________________ Marlon Flournoy Date Deputy Director, Planning and Modal Programs APPROVED AS TO FORM AND PROCEDURE: By: ______________________________ Deputy Attorney Date CITY OF FRESNO, A California municipal corporation By:______________________________ Georgeanne A. White Date City Manager By:______________________________ Gregory Barfield Date Director of Transportation APPROVED AS TO FORM: ANDREW JANZ City Attorney By:____ Jennifer M. Wharton Date Deputy City Attorney ATTEST: TODD STERMER, MMC City Clerk By: Deputy Date Attachments: Appendix A: TIRCP PROGRAM GUIDELINES AND DEPARTMENT DELEGATION Appendix B: Recipient’s RESOLUTION City of Fresno Master Agreement No. 64FRESNO2025MA Program Supplement No. XXXXXXPS Revised as of 9/22/20 Page 31 533370v1 APPENDIX A TIRCP PROGRAM GUIDELINES AND DEPARTMENT DELEGATION (INSERT GUIDELINES AND DEPARTMENT DELEGATION) City of Fresno Master Agreement No. 64FRESNO2025MA Program Supplement No. XXXXXXPS Revised as of 9/22/20 Page 32 533370v1 APPENDIX B RECIPIENT’S RESOLUTION (INSERT AGENCY BOARD RESOLUTION) 2024 TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM FINAL GUIDELINES April 30, 2024 April 30, 2024 2024 TIRCP FINAL GUIDELINES TRANSIT AND INTERCITY RAIL CAPITAL PROGRAMContents 1 Authority and Purpose ................................................................................................................................... 2 2 Background .................................................................................................................................................... 2 3 Objectives ...................................................................................................................................................... 4 4 Pre-Application and Post-Award Technical Assistance ................................................................................. 4 5 Funding .......................................................................................................................................................... 5 6 Schedule ........................................................................................................................................................ 5 7 Eligible Applicants .......................................................................................................................................... 6 8 Eligible Projects .............................................................................................................................................. 6 9 Project Applications ....................................................................................................................................... 9 10 Project Evaluation ........................................................................................................................................ 14 10.1 Primary Evaluation Criteria .................................................................................................................. 14 10.2 Secondary Evaluation Criteria ............................................................................................................. 16 10.3 Benefit to Priority Populations ............................................................................................................ 20 11 Project Selection Process ............................................................................................................................. 21 12 Programming ............................................................................................................................................... 23 13 Allocations and Project Delivery .................................................................................................................. 24 13.1 Letter of No Prejudice ......................................................................................................................... 26 13.2 Multiyear Funding Agreement ........................................................................................................... 26 13.3 Project Delivery Deadline Extensions and Timely Use of Funds ......................................................... 26 14 Project Reporting ......................................................................................................................................... 27 15 Project Administration ................................................................................................................................. 29 16 Project Expenditures .................................................................................................................................... 29 Attachment 1: CCI Funding Guidelines for Administering Agencies ................................................................... 30 Investments to Benefit Disadvantaged Communities and Low-Income Communities and Households ....... 30 Attachment 2: Quantification Methodology and Co-Benefit Assessment Methodology ................................... 31 CCI Quantification and Reporting Materials ................................................................................................... 31 Attachment 3: Benefit Criteria Tables ................................................................................................................ 33 CCI Benefit Criteria Tables .............................................................................................................................. 33 Attachment 4: California Transportation Commission – Transit and Intercity Rail Capital Program Allocation Policy Resolution G-20-61 ........................................................................................................................... 34 2 1 Authority and Purpose The Transit and Intercity Rail Capital Program (TIRCP) was created by Senate Bill (SB) 862 (Chapter 36, Statutes of 2014) and modified by SB 9 (Chapter 710, Statutes of 2015), to provide grants from the Greenhouse Gas Reduction Fund (GGRF) to fund transformative capital improvements that will modernize California’s intercity, commuter, and urban rail systems, and bus and ferry transit systems, to significantly reduce emissions of greenhouse gases, vehicle miles traveled, and congestion. The legislation of these bills is codified in Sections 75220 through 75225 of the Public Resources Code (PRC). Assembly Bill (AB) 398 (Chapter 135, Statutes of 2017) extended the Cap-and-Trade Program that supports the TIRCP from 2020 through 2030. SB 1 (Chapter 5, Statutes of 2017) continues to provide a historic funding increase for transportation with funds directed to the TIRCP from the Public Transportation Account for new programming in this cycle. Section 75224 of the PRC requires the California State Transportation Agency (CalSTA) to approve a new five-year Program of Projects not later than April 1 of every even year. The 2024 TIRCP grant cycle will program projects starting with the 2024-25 fiscal year and ending with the 2028-29 fiscal year. The new program cycle will include previously awarded and active projects that have not been fully allocated by the end of the 2023-24 fiscal year. The GGRF and SB 1 continue to provide substantial funding available to be programmed toward new projects in the TIRCP. While funding estimates for the program are considered reasonable as of the date of the guidelines, GGRF funds are subject to impacts from market forces and auction proceeds. These guidelines describe the policy, standards, criteria, and procedures for the development, adoption, evaluation and administration of the TIRCP. The guidelines were developed in consultation with the California Air Resources Board (CARB), the California Transportation Commission (Commission), the Department of Transportation (Caltrans), and the Strategic Growth Council (SGC), and will be further informed by input received through workshops, public comments, and written responses. In addition, AB 102 (Chapter 38, Statutes of 2023) and SB 125 (Chapter 54, Statutes of 2023) amended the Budget Act of 2023 to appropriate General Fund to the TIRCP over the next two fiscal years as well as GGRF funding and Public Transportation Account (PTA) funding over the next four fiscal years to establish the Zero-Emission Transit Capital Program (ZETCP). These funds are addressed separately in the Budget Act of 2023 SB 125 Formula-Based TIRCP and Zero Emission Transit Capital Program Guidelines released in September 2023 on the SB 125 Transit Program website. The SB 125 Transit Program Website can be found at: https://calsta.ca.gov/subject-areas/sb125-transit-program. 2 Background AB 32 (Chapter 488, Statutes of 2006), the Global Warming Solutions Act of 2006, AB 32 created a comprehensive program to reduce greenhouse gas emissions in California. AB 32 requires California to reduce greenhouse gas emissions to 1990 levels by 2020, and to maintain and continue reductions beyond 2020. SB 32 (Chapter 249, Statutes of 2016) established a climate goal for California to reduce greenhouse gases to 40 percent below 1990 levels by 2030. The Cap-and-Trade Program, a key element in California’s Climate Change Scoping Plan, implements measure to achieve greenhouse gas reduction goals. It creates a limit on the emissions from sources responsible for 85 percent of California’s greenhouse gas emissions, establishes the price signal needed to drive long-term investment in cleaner fuels and more efficient use of energy, and gives covered entities flexibility to implement the lowest-cost options to reduce greenhouse gas emissions. In 2012, the Legislature passed and Governor Brown signed into law three bills, AB 1532 (Chapter 807, Statutes of 2012), SB 535 (Chapter 830, Statutes of 2012), and SB 1018 (Chapter 39, Statutes of 2012), that 2024 TIRCP FINAL GUIDELINES April 30, 2024 April 30, 2024 2024 TIRCP FINAL GUIDELINES 3 established the GGRF to receive the State’s portions of proceeds from the distribution of allowances via auction and provided the framework for how those auction proceeds will be appropriated and expended. Subsequent legislation, AB 1550 (Chapter 369, Statutes of 2016), modified requirements for expenditures from the GGRF relative to disadvantaged communities and low-income communities and households. State law requires that expenditures from the GGRF be used to facilitate the achievement of greenhouse gas emission reductions. In addition, Transit and Intercity Rail Capital Program expenditures must comply with the requirements contained in SB 862 and SB 9, which provide statutory direction for the program. In 2019 and 2020, Governor Newsom signed two executive orders—E.O. N-19-19 and E.O. N-79-20—both of empower CalSTA to leverage discretionary state transportation funds to reduce transportation-related Greenhouse Gas (GHG) emissions and to adapt to climate change. E.O. N-79-20 set a deadline of July 15, 2021 for CalSTA to identify specific near-term actions and investment strategies to combat and prepare for climate change, which resulted in the creation of the Climate Action Plan for Transportation Infrastructure (CAPTI). The Climate Action Plan for Transportation Infrastructure (CAPTI) was developed by CalSTA through a robust stakeholder engagement process and was adopted on July 12, 2021. CAPTI puts forth a set of guiding principles which serve as a framework for state discretionary transportation investment, and also includes a suite of implementation strategies and actions meant to align transportation infrastructure investments with the overall investment framework. TIRCP is closely linked to CAPTI and serves as a means by which to implement the higher-level policy developed in the plan. The TIRCP Guidelines include updates that work to implement actions listed in CAPTI, particularly Actions S2.1, S2.3, and S7.1. Together, these actions help TIRCP support California Integrated Travel Project (Cal-ITP) implementation, support deployment of ZEV fleets, and better support Pro-Housing policies. •S2.1 Implement the California Integrated Travel Project (Cal-ITP): Caltrans will provide transit providers an easier and less expensive process to implement contactless payment, benefit eligibility verification, and other services via Cal-ITP. Additionally, Caltrans will work to provide technical assistance and support to small and rural transit operators to implement these features in their service areas. •S2.3 Accelerate TIRCP Cycles to Support Transit Recovery with Deployment of ZEV Transit/Rail Fleets and Transit/Rail Network Improvements: In collaboration with CARB, CalSTA will develop a new Clean Fleet and Facilities Network Improvement project category in the TIRCP to provide additional support and funding to transit agencies needing to replace their aging vehicle fleets with ZEVs, while also working with local agencies to improve network efficiency and integration. CalSTA will also offer expanded technical assistance prior to application to support agencies of every size throughout the state. •S7.1 Leverage Transportation Investments to Incentivize Infill Housing Production: CalSTA will work to use transportation funding to reduce VMT by incentivizing infill residential development and densities appropriate and feasible for each given community. Building upon the “Pro-Housing” Standard developed by the Department of Housing and Community Development (HCD), competitive funding programs will explore adopting incentives for local policies that tend to support location-efficient and mixed-use housing production, while considering the needs of rural, suburban, and urban jurisdictions and how appropriate policies may differ among those areas. Such local policies may include Housing Element compliance, by-right (nondiscretionary) approval processes for multifamily residential and mixed-use development, zoning to allow for residential and mixed-use developments in non-residential zones, reduced parking requirements for residential development, or expanded density bonuses that exceed state density bonus law, among other local 4 policies. Initially, transportation programs with a statutory linkage or scoring criteria tied to land use efficiency or GHG reductions could adopt these incentives as competitive scoring criteria and enhanced guidance to facilitate interjurisdictional coordination between project proponents and local planning departments. Using the “Pro-Housing” Standard as a framework will allow for statewide applicability and ample flexibility in approaches to meet any new criteria More information on CAPTI can be found at: https://calsta.ca.gov/subject-areas/climate-action-plan 3 Objectives The TIRCP was created to fund transformative capital improvements that modernize California’s intercity rail, bus (including feeder buses to intercity rail services, as well as vanpool and micro transit services that are eligible to report as public transit to the Federal Transit Administration), ferry, and rail transit systems (collectively referred to as transit services or systems inclusive of all aforementioned modes unless otherwise specified) to achieve all of the following policy objectives, as codified in Section 75220(a) of the PRC: 1.Reduce emissions of greenhouse gases 2.Expand and improve transit service to increase ridership 3.Integrate the rail service of the state’s various rail operations, including integration with the high-speed rail system 4.Improve transit safety Additionally, Section 75221(c) of the PRC codifies a programmatic goal to provide at least 25 percent of available funding to projects that provide a direct, meaningful, and assured benefit to disadvantaged communities, consistent with the objectives of SB 535. AB 1550 provides further requirements related to ensuring investments meet the needs of priority populations, a term used to cover disadvantaged communities, low-income communities and low-income households. Investments made by TIRCP are expected to collectively meet or exceed the requirements in AB 1550. Taken as a whole, the increases in transit system ridership, as well as the reduction in vehicle miles traveled, congestion and greenhouse gas emissions, will help deliver a healthier and safer transportation system. Investments are expected to position the state to lead in the deployment of cutting edge and zero emission technologies, test innovative strategies and new approaches to reducing transportation-related fatalities, provide important new capacity in corridors that support growth in jobs and housing, and to expand multimodal transportation access and options for all Californians across all regions of the state. 4 Pre-Application and Post-Award Technical Assistance Caltrans, in collaboration with CalSTA, will offer expanded technical assistance prior to application to support agencies of every size throughout the state, including assistance in identifying critical elements to documenting increased ridership across the project and network it serves for agencies pursuing zero emission vehicle purchases. The Caltrans Office of Rail Planning and Implementation in the Division of Transportation Planning will also provide required ridership modeling assistance for any project benefiting or impacting the intercity rail system. Once awards are publicly announced, the Caltrans Division of Local Assistance (DLA) Office of Project Development, Management and Delivery will lead implementation and grant management of the selected projects, with assistance from the Office of Rail Planning and Implementation to ensure alignment of project scope with the project award and the Caltrans Office of Race and Equity to ensure integration of efforts to 2024 TIRCP FINAL GUIDELINES April 30, 2024 April 30, 2024 5 deliver Priority Population benefits into the approved project scope and programming documents. 5 Funding The TIRCP receives a portion of the Transportation Improvement Fee revenues established by SB 1 and a continuous appropriation of 10 percent from the quarterly Cap-and-Trade auction proceeds deposited in the GGRF, plus any annual budget allocations provided by enacted budget bills. The TIRCP fund estimate, award amount and the adopted program for TIRCP will be based on anticipated revenue through 2028-29 (as specified in the call for projects and subject to update prior to program adoption). Section 75224(d) of the PRC authorizes CalSTA to enter into a multiyear funding agreement with eligible applicants for any duration. CalSTA may use this authority to program funds for a project that would depend on funds received subsequent to the five-year program, primarily intended for projects that have long construction timelines that extend beyond the 2028-29 fiscal year. The goal of such a plan is to allow a project with construction over multiple years to have a commitment of funds programmed over multiple years in order to enter into necessary contracts for construction. In addition, AB 102 (Chapter 38, Statutes of 2023) and SB 125 (Chapter 54, Statutes of 2023) amended the Budget Act of 2023 to appropriate $4,000,000,000 of General Fund to the TIRCP over the next two fiscal years as well as $910,000,000 of GGRF funding and $190,000,000 of PTA funding over the next four fiscal years to establish the Zero-Emission Transit Capital Program (ZETCP). while the 2024-25 Governor’s Budget maintains the full amount of funding allocated through SB 125, it proposes to shift $1 billion from fiscal year 2024-25 to 2025-26These funds are addressed separately in the Budget Act of 2023 SB 125 Formula-Based TIRCP and Zero Emission Transit Capital Program ZETCP Guidelines released in September 2023 on the SB 125 Transit Program website. As provided in statute, CalSTA may revise its approved Program of Projects and/or Program Allocation Plan as necessary, including deletion or delay of projects based on a shortfall of funding or lack of project progress. The Program Allocation Plan will reflect planned multi-year funding amounts for any projects or project elements expected to receive their funding over more than one year, and may be adjusted at any time to address project or program needs and to align allocations with revenues. 6 Schedule March 12, 2024 April 16, 2024 April 18, 2024 April 23, 2024 April 30, 2024 May 13, 2024 - May 23, 2024 July 23, 2024 October 23, 2024 2024 TIRCP Cycle 7 Draft Schedule Release Draft 2024 Cycle 7 Guidelines Guidelines Workshops (Virtual) Workshop 1 (focused on Northern California) Workshop 2 (focused on Southern California) Closing Date for Comments on Draft Guidelines * CalSTA Publishes 2024 Cycle 7 Guidelines Call for Projects Optional, time-limited, focused virtual meetings for applicants to discuss project concepts and quantifications (will be scheduled by request.) Project Applications Due CalSTA Anticipated Award Announcement *Comments can be submitted to: tircpcomments@dot.ca.gov 2024 TIRCP FINAL GUIDELINES April 30, 2024 2024 TIRCP FINAL GUIDELINES 6 7 Eligible Applicants Eligible applicants must be public agencies, including joint powers agencies, that operate or have planning responsibility for existing or planned regularly scheduled intercity or commuter passenger rail service (and associated feeder bus service to intercity rail services), urban rail transit service, or bus or ferry transit service (including commuter bus, vanpool, and micro transit services). Public agencies include local municipalities that operate transit service, construction authorities, transportation authorities, and other similar public entities created by statute. An applicant assumes responsibility and accountability for the use and expenditure of allocated funds. Applicants must comply with all relevant federal and state laws, regulations, policies, and procedures. Private companies may partner with eligible applicants to propose and deliver projects. 8 Eligible Projects Eligible applicants may submit project applications individually or as part of a joint application. In order to be eligible for funding under this program, a project must demonstrate that it will achieve a reduction in greenhouse gas emissions using the CARB quantification methodology and it must also demonstrate an increase in ridership. As codified in Section 75221(a) of the PRC, projects eligible for funding under the program include, but are not limited to, the following: 1.Rail capital projects, including intercity rail, commuter rail, light rail, and other fixed guideway projects. Additionally, the acquisition of rail cars and locomotives, and the facilities to support them, that expand, enhance, and/or improve existing rail systems and connectivity to existing and future transit systems, including the high-speed rail system. 2.Intercity, commuter, and urban rail projects that increase service levels, improve reliability, or decrease travel times, infrastructure access payments to host railroads in lieu of capital investments, efforts to improve existing rail service effectiveness with a focus on improved operating agreements, schedules, and minor capital investments that are expected to generate increased ridership, as well as larger scale projects designed to achieve significantly larger benefits. 3.Rail, bus, and ferry integration implementation, including: a.Integrated ticketing and scheduling systems and related software/hardware capital investments (including, but not limited to, integration with bus or ferry operators and the use of contactless payment and General Transit Feed Specification (GTFS) implementation through Cal-ITP) b.Projects enabling or enhancing shared-use corridors (both multi-operator passenger only corridors as well as passenger-freight corridors) c.Related planning efforts focused on, but not limited to, delivery of integrated service not requiring major capital investment, such as transit route and scheduling integration (or coordination) d.Other multimodal and service integration initiatives, including active transportation and other access investments which increase transit and rail ridership and reduce greenhouse gas emissions 4.Bus rapid transit and other bus and ferry transit investments (including autonomous fixed guideway, vanpool, and micro transit services operated as public transit and first-/last-mile solutions), and to increase ridership and reduce greenhouse gas emissions. This includes large scale deployment of zero emission vehicles and the technologies to support them, and capital investments as a component implementing transit effectiveness studies that will contribute to restructured and enhanced service. CalSTA intends to fund a small number of transformative projects that will significantly reduce vehicle miles traveled, congestion, and greenhouse gas emissions by: (1) creating a new transit system (2) increasing the April 30, 2024 2024 TIRCP FINAL GUIDELINES 7 capacity of an existing transit system, or (3) otherwise significantly increasing the ridership of a transit system. Significant change will be measured both in percentage terms (percent increase compared to the existing system or corridor) and in total quantity terms (increase in number of riders and passenger miles per day). Benefits from the proposed project may accrue from ridership generated on more than one transit system or corridor due to integration, and such benefits may be counted as long as the connected system or corridor has sufficient capacity to carry the increased passenger demand. Projects related to mitigating the impacts on freight rail services that are caused by growth in passenger rail may also be eligible for TIRCP funding even if they are not directly on the passenger rail corridor. However, they should be included in an application for a project that increases passenger rail ridership. The awarded projects may include, for example, both lower-cost projects focused on integration, reliability and enhancement of service, and higher-cost capital expansion projects. In addition, CalSTA seeks projects that link housing with key destinations and that improve accessibility to economic opportunities. CalSTA may also make some funding available for demonstration projects that are smaller-scale efforts with great potential to be expanded. Projects may include new approaches to attracting increased ridership such as smart phone mobile ticketing, contactless payment, or other software and hardware solutions to reduce ticketing transaction costs, or a test of a concept related to integrated ticketing, as well as intercity rail/transit effectiveness or operational planning as a component of the capital investments in improved, expanded and/or restructured service designed to cost-effectively increase ridership. Research, development and testing of emerging technologies are eligible components of project applications. Clean fleet, facility and network improvement projects that support agencies replacing aging vehicle fleets with Zero Emission Vehicles (ZEVs), and associated fueling or charging infrastructure or facility modifications, may also be eligible for TIRCP funding even if not increasing the number of vehicles in the transit agency fleet. Such projects will generally qualify through various efforts that (1) improve network efficiency with transit priority investments that allow savings in vehicle hours operated to be redeployed into increased service on the same or other routes, (2) implement improvements to payments systems that are designed to increase ridership, including implementation of contactless open payment, traveler information through GTFS-Real Time (GTFS-RT), and other services available through Cal-ITP, and/or (3) improve integration with other corridors and/or operators through service restructuring designed to increase network ridership. Smaller and/or rural agencies that may have difficulty transitioning to electrified fleets without additional support are encouraged to apply and seek technical assistance during the consultation periods highlighted in the project schedule, recognizing that many such agencies have not previously applied to the program. ZEV leases are eligible for TIRCP funding, but benefits modeled must match the duration of the lease. Addressing the integration of rail and transit referenced in the TIRCP objectives and described in the eligible projects will require attention to network integration amongst rail and transit services. Improving integration will improve connectivity and the seamlessness of the travel experience for users by eliminating points of friction during a public transportation journey, and as a result increase ridership across multiple corridors and/or systems. These points of friction come in many forms, including but not limited to a lack of universal GTFS trip-planning information, poor service design and uncoordinated schedules, incompatible fare and ticketing policies and systems between agencies, and unsafe and inconvenient physical connections between modes. Examples of types of network integration projects include: •Contactless open payment systems and real-time traveler information through GTFS to improve system integration and rider connectivity •Coordinated schedule and timetable planning between agencies to reduce transfer wait times and improve the seamlessness of the travel experience, and the capital projects necessary to improve such coordination and operations; •Integrated station design to accommodate existing and planned services and their service expansions, and capital projects necessary to invest in hubs at such stations; •Planning to determine opportunities to co-locate maintenance and yard facilities, as April 30, 2024 2024 TIRCP FINAL GUIDELINES 8 needed, and capital projects to invest in such facilities; •Service and infrastructure needs analysis to determine the feasibility of new or expanded systems that better integrate service, and the capital investment necessary to implement such services; •Station area and transit facility improvements to facilitate better land uses and access by active or shared mobility modes, as well as to enhance customer safety and comfort. Network integration and system development planning can be components in the application with their own scope, schedule and budget, but they must relate to the overall capital project being proposed (including identifying ways to improve the benefits realized by the project upon implementation or through identifying additional capital investments that could be funded in later phases to enhance network and system benefits). Where relevant, it should demonstrate support of the integration demonstrated in the vision laid out in the 2018 California State Rail Plan. CalSTA may elect to include network integration technical assistance and/or additional funding as part of a TIRCP award if it is determined that there is a need not adequately addressed by the applicant, especially if integration can be improved with regards to adjacent state-funded capital projects or state-funded rail operations. CalSTA and Caltrans may provide technical assistance to ensure that TIRCP program and statewide goals and priorities are being addressed through the work. Applicants may apply for funding for multiple projects in a cycle in each of the funding categories. Prioritizing projects across funding categories is not required. However, an applicant submitting multiple project applications for a single category must clearly prioritize its project applications. Applicants are also encouraged to identify phases or priorities within each project application, if applicable, so that available resources may be awarded to a phase or priority if the full project cannot be funded. Many applicants have found it more helpful to submit a single application that describes a programmatic set of inter-related projects rather than submitting multiple applications. Phasing and priority-setting within such a programmatic application can then be clearly identified, but the narrative describing the goals and outcomes can be shared. Applicants submitting a high-dollar, single application with no scalability or separable project elements may increase the risk of having an uncompetitive project application. At the same time, applicants are advised to submit projects that are scalable where practical. In the event that available program resources expand or contract prior to the completion of the programming cycle, CalSTA may revise the funding available for the programming cycle. There is not a set limit on the amount of funding that a project can be awarded, but geographic equity requirements for the program plays a practical role in limiting the amount a given applicant and project could expect. Geographic equity is considered within each cycle of funding, as well as with consideration given to the degree to which the geography in question has been underrepresented in past cycles. While there is no minimum match requirement for this funding source, funding leverage is desirable and will be considered in the evaluation of expected project benefits. In particular, emphasis will be placed on projects that: •Leverage funding from other GGRF programs such as Caltrans’ Low Carbon Transit Operations Program, the SGC’s Affordable Housing and Sustainable Communities and Transformative Climate Communities Programs, or CARB’s Low Carbon Transportation funding program (including the Hybrid and Zero-Emission Truck and Bus Voucher Program (HVIP)) •Leverage funding from SB1 sources (including formula program sources) •Leverage funding from other federal, state, local, regional, or private sources (including potential local transportation funding measures, as further detailed in Section 12) Consideration will be given as to those sources that are discretionary (including competitive and noncompetitive funding sources) compared to those that are non-discretionary. A recipient of money under the program may combine funding from the program with other state funding (if allowed), including, but April 30, 2024 2024 TIRCP FINAL GUIDELINES 9 not limited to, the State Transportation Improvement Program, the Low Carbon Transit Operations Program, clean vehicle programs, and state transportation bond funds. Applicants must also identify if their project benefits intercity service and is included within one of the selected corridors in California participating in the FRA’s Corridor Identification and Development Program (CIDP). If a project is awarded funds, all funds identified as committed to the project may be required as a funding match at the time of project selection and, based on the matching percentage identified at the time of selection, a pro-rata reimbursement agreement (or other suitable agreement) may be established to ensure project savings are returned proportionally. Project completion savings are returned proportionally except when an agency has committed additional funds to the project to fund a cost increase. In such instances, savings at project completion may be returned to other fund types first, until proportions match those at programming. If capital assets are removed from service before the end of their useful life, pro-rata repayment of grant funds may be required. Redeployment of capital assets to achieve similar, or greater, benefits more effectively may be permitted, but must be documented (with documentation including a detailed justification of the requested redeployment) by the grantee and approved in advance by CalSTA. For example, once a project is operational, and after monitoring service performance and determining that it was not performing as expected, redeploying bus service to achieve greater greenhouse gas reductions or better serve priority populations based on current needs may be permitted. If an implementing agency receives funding for a project that is to be completed with other funds (for example, a project which receives funds for plans, specifications, and estimates from the TIRCP but which will receive local measure funding for construction), that agency is required to complete the project as proposed and approved. If the project is not completed and put into service as awarded, the agency may be required to fully or partially repay funds from the TIRCP commensurate with the failure to complete the project and deliver anticipated reductions in greenhouse gas emissions. If a project application was only partially awarded in a previous cycle, applicants may request additional funds for the unawarded components in a future funding cycle. However, applicants may not request additional funds for the same previously awarded project components based on cost escalation or loss of a matching funding source. Such projects may reapply in a future cycle with a revised financial plan, but are subject to new ratings relevant to the current application cycle, and may or may not succeed in receiving a funding award. Agencies may apply to TIRCP Cycle 7 or later for projects that use SB 125 resources for new projects, either to complete project funding or to expand project scope; SB 125 funding will be counted as matching funds in future TIRCP discretionary grant applications. Prior to the project application due date, CalSTA invites interested eligible applicants to optional meetings (as outlined in the calendar section of the document) to discuss proposed project concepts and quantifications, in order to clarify program requirements. 9 Project Applications Applications must be submitted in accordance with the Call for Projects. Applications will be treated in accordance with Public Records Act requirements and certain information, subject to those requirements, may be publicly disclosed. Each project application must include a signed cover letter, with signature authorizing and approving the application. The project application shall include: 1.Project title, which should be a brief non-technical description of the project type, scope, and location. April 30, 2024 2024 TIRCP FINAL GUIDELINES 10 2.Project priority (if agency is submitting multiple applications). Explain the prioritization, including any state, regional or local planning efforts that support the ranking. 3.Project purpose and need. 4.Project scope. 5.Project Location – provide a map for each of the following: A.Project location denoting the project site. Provide a KML file for the project with the transit route/project location represented by lines and stops represented by points as applicable. Project location denoting disadvantaged communities, low-income communities, and/or low-income households that will benefit from the project (Attachment 1, CCI Funding Guidelines). B.Greenhouse gas reducing features such as project components that improve air quality and reduce greenhouse gas emissions along a specific corridor, surrounding land use density, housing and employment centers, transit- oriented development/sustainable communities strategy projects, active transportation infrastructure and other features, to the extent available. If available, consider including the following information on maps related to the project, as these will help in evaluating many of the secondary evaluation criteria: •Land use diversity/mix of land uses specified on the map. •In addition to showing where housing exists, provide information on housing density and planned/zoned/permitted/etc. housing density. This information may come from planning documents and/or zoning code if other approaches are not readily available. •In addition to illustrating existing employment centers, provide information on employment density, mix of employment types, and planned future employment land uses. This information may come from planning documents and/or zoning code if other approaches are not readily available. •Current neighborhood walkability (e.g., see Affordable Housing and Sustainable Communities Program (AHSC) guidelines for sources of walkability data). •Planned and existing active transportation infrastructure (what currently exists, what is planned, and what would be funded by the project). 6.Project costs. Documentation of the basis for the costs, benefits and schedules must be cited in the project application and additional detail made available upon request. The application should identify: A.Cost estimates escalated to the year of proposed delivery, including identification of the amount of funding used for project management as budgeted for the agency or agencies involved. Only cost estimates approved by the Chief Executive Officer or other authorized officer of the implementing agency should be used. B.The amount and source of funds committed to the project (including funding for initial operating costs). A funding commitment is defined in Section 12 of this document. C.The amount of TIRCP funds requested. TIRCP funds cannot be used to supplant other committed funds. D.If applying for Network Integration as a separate component, please specifically indicate the costs. 7.Project schedule including benefits reporting, the project’s current status and the completion dates of all major delivery milestones. 8.Project benefits: A.A clear demonstration of the expected GHG reduction benefits, other co-benefits, and the proposed metrics for tracking and reporting on those benefits consistent with the CARB’s Funding Guidelines, as described in Attachments 1-3. April 30, 2024 2024 TIRCP FINAL GUIDELINES 11 B.The description of project benefits that address all Primary and Secondary Evaluation Criteria listed below under Project Selection Process (Section 10), indicating that a category is not applicable, or no benefits are expected when that is the case. C.An estimate of the useful life of the project for the dominant project asset type (can be separated by project category or phase if elements of the project have independent utility and could be separately funded or placed in service). D.When investment of TIRCP is proposed to improve private infrastructure, an assessment of public and private benefits to show that the share of public benefit is commensurate with the share of public funding. E.If a project will be applying for funding from other greenhouse gas reduction programs (such as Caltrans’ Low Carbon Transit Operations Program, the SGC’s Affordable Housing and Sustainable Communities Program or the CARB’s Low Carbon Transportation funding program (including HVIP)) or from the Commission’s Active Transportation or other program, an indication if there are separable elements that will be funded from those other sources and the applicant must clearly explain any change to the benefits of the project if the funding from that source is not awarded to the project. F.Identify and include as an attachment all studies or planning documents relevant to the proposed project. G.An explanation of expected ridership benefits of the project when constructed, including how the project supports better integration of rail and transit services in the region among modes and providers if applicable. If including a Network Integration component, specifically indicate the benefits and how the network integration work will enhance the overall project benefits. H.A discussion of the proposed project’s impact, both favorable and unfavorable, on other transit services and projects planned or underway within the corridor, including intercity rail, transit or high-speed rail services in a parallel or connecting corridor. Impacted plans should be clearly identified, and corresponding planning documents should be included as an attachment. If ridership of the other services is expected to be positively or negatively impacted by the proposed project, evidence of how the other services are to be impacted should be included in the application, including evidence of coordination with the other service providers and an estimate of multi-operator impacts where available. Project impacts that increase ridership on other services through increased transfers of passengers may be reflected in the quantification of GHG benefits only if the project also documents the ability of the connected corridor to provide capacity sufficient to accommodate the riders. If additional service must be operated by the adjoining operator, the operation of such service must be included in the calculation of emissions related to the project. If an agency recognizes value in additional efforts to integrate services with other transportation providers or enhance station access (including by active transportation) during the post-award period (and prior to the beginning of service resulting from the project), a specific task and budget for the proposed activities should be included in the project application. During application review, if additional efforts are evaluated as necessary in order to successfully address integration with other projects, systems or corridors, CalSTA may propose an additional task and assign additional funding to pursue such integration above and beyond what is requested in the project application, with the scope agreed to during development of the agreements necessary to allocate funding to the selected project. Projects expecting to have the impacts described in this section are strongly encouraged to make use of the optional pre-application technical assistance meetings described in Section 4 and on the schedule on Section 5. 9.If applicable, an explanation of how some or all of the project provides direct, meaningful, and assured benefits to a disadvantaged community, low income communities or low-income households as defined by SB 535 and AB 1550, including reducing administrative burdens – particularly those associated with eligibility verification across services. Identify a need of that community, including how April 30, 2024 2024 TIRCP FINAL GUIDELINES 12 the need was established to identify the portion of the project, if any, that is located within a disadvantaged community or low-income community and that addresses the need (see Section 10.3 and Attachment 1). A.If an agency plans to engage in additional efforts to consult with disadvantaged or low-income stakeholders during the post-award period (and prior to the beginning of service resulting from the project), a specific task and budget for the proposed activities should be included in the project application. Such efforts may include plans for service implementation of the specific project, addressing station access issues specific to the stakeholders, as well as developing proposals for service changes and capital investments that may be funded through future capital or operating funds or through project cost savings. Activities that address community engagement may include, but are not limited to, public workshops/meetings, door-to-door canvassing, house meetings, established website and/or social media efforts, surveys, focus groups, subcontracts with community-based organizations to conduct outreach, allocation of staff or contractor positions focused on community engagement, and advisory bodies or other shared decision-making bodies. B.The general scope of the proposed effort should be submitted in draft form, but revision and development of additional detail prior to allocation of TIRCP funding for these activities may be requested by CalSTA in order to increase the benefits of the effort. During application review, if additional efforts are seen as necessary in order to successfully address the needs of disadvantaged or low income stakeholders, CalSTA may propose an additional task and potentially assign additional funding to pursue such consultations above and beyond what is requested in the project application, with the scope agreed to during development of the agreements necessary to implement the selected project. 10.If applicable, an explanation of how the project will provide employment and workforce development and training benefits to the community, particularly to priority populations. This explanation should be accompanied by a Community Workforce Agreement, Project Labor Agreement, or some other agreement made between the applying agency and unions, community-based organizations, or other partners. If such activities are being conducted as part of the project, budget and scope elements should reflect the level of effort anticipated. 11.Address the ability to gather and analyze new datasets for public use and benefit as an outcome of the project. 12.Description of funding sources and approach to ensuring ongoing operating and maintenance costs of the project are funded through the useful life of the project (as applicable). 13.Description of how the project will assist in meeting the California Minimum GTFS Guidelines, and address any identified assessment deficiencies, if applicable. The guidelines may be found at: https://dot.ca.gov/cal-itp/california-minimum-general-transit-feed-specification-gtfs- guidelines 14.Each application must include an Electronic Project Programming Request (ePPR) Form that can be generated at https://calsmart.dot.ca.gov and choosing ‘Other’ funds option on the general information page. A users guide for generating the ePPR can be found at: https://dot.ca.gov/-/media/dot-media/programs/financial-programming/documents/eppr-instructions-v101- a11y.pdf For further helps with ePPRs, please email: eppr@dot.ca.gov. A.Each Project Programming Request must list Federal, State, and local funding categories by fiscal year. All applicants must demonstrate the ability to absorb any cost overruns and deliver the proposed project with no additional funding from this program beyond that provided in initial grant or cooperative agreement, and to fund initial operating costs. If the April 30, 2024 2024 TIRCP FINAL GUIDELINES 13 project is a scope addition to a project programmed in an earlier TIRCP cycle the revised PPR must not show supplanting of previously committed non-TIRCP funds. B.An eligible applicant may submit an application to fund a project over multiple fiscal years. The cost of each project component must be listed in the state fiscal year in which the particular project component needs to receive a Commission TIRCP allocation. For environmental studies and permits, costs should be listed in the fiscal year during which environmental studies will begin. Costs for the preparation of plans, specifications and estimates should be listed in the fiscal year during which this work will begin. Right of way costs should be listed in the fiscal year(s) during which each right of way acquisition (including utility relocation) contract will first be executed. Construction costs should be programmed in the fiscal year during which each construction contract needs to receive a Commission TIRCP allocation to be advertised, and if an agency can receive TIRCP construction reimbursements over multiple fiscal years to fund a contract of extended duration, the application should list the amounts by fiscal year over which construction funding is required to meet expected contract requirements. C.If a project is expected to require multiple contracts for any stage of project development (often the case for multi-component projects), each contract should be listed separately with its respective funding requirements (to the extent known at the time of application), so that Commission TIRCP allocations may be sought in the programming year close to the specific contract need and funding allocations are put to timely use. If not known at the time of application, this information will be sought prior to Commission allocation so that the project and its various components can be properly programmed in the CalSTA Program Allocation Plan. D.Applicants are encouraged to submit a narrative explanation or supplement to the PPR to reflect the proposed contracting approach and describing the ability of the project to receive funds on alternative allocation schedules. If a project has a special cash flow consideration that would benefit from TIRCP funds being available at a particular time, please describe this in the application. E.Applicant must disclose if they’re an FTA federal grantee or not, and are encouraged to include any FTA funding used as match if they are. F.Applicant must identify if their project benefits intercity service and is included within one of the selected corridors in California participating in the FRA’s CIDP process. G.Finally, if a project is only requesting funds for a particular phase of the proposed project, such as a construction contract expected to be awarded in a specific year of the program, identify the prior phases and the funding associated with them. 15.Letters of support for project implementation, including letters from: A.Project partners essential to project implementation, such as host railroads or facility owners. If TIRCP funds are to be used at a later stage of project implementation (such as construction), and an agency is able to commit to delivering the project goals with no additional TIRCP funding (supplementing, if necessary, from non-TIRCP sources), letters of support may indicate overall support for the project as described in the application and willingness to engage in best efforts to achieve a formal agreement for the construction elements of the project that will still require a future stakeholder agreement. Commission allocation of awarded TIRCP funding for such future construction will be conditioned on such agreements being finalized and the project being implemented in a manner consistent with the original application. B.A Metropolitan Planning Organization (MPO), indicating that the project is consistent with an adopted Sustainable Communities Strategy, or in non-MPO regions, a regional plan to reduce April 30, 2024 2024 TIRCP FINAL GUIDELINES 14 GHG emissions and/or vehicle miles travelled (VMT). (It is not necessary to establish project eligibility for an MPO to indicate its specific support for the project.) C.Regional agency or agencies. D.Members of the community, including representatives of impacted disadvantaged or low- income communities. Letters from community organizations stating their recognition of benefits from the project are encouraged. E.Additional stakeholders relevant to the proposed project. 16.Description of project elements that are separable or scalable based on available funding, if applicable, while still maintaining independent utility. For example, if an application is for improving services on three routes, each route may be separately described and prioritized so that the highest-priority portion of the application could be funded if resources are not sufficient for full project funding. If some or all of the project is already programmed using state or federal funds, the application must clearly explain if and how the scope of the project has changed since the most recent state or federal programming action, including an explanation of any differences in assumed federal funding level compared to the most recent Capital Investment Grant report or summary (if applicable). If the project is not scalable or separable, the applicant should provide background detailing why it is not practical for it to be phased or scaled. Documentation of the basis for the costs, benefits, and schedules must be included in the project application and additional detail made available upon request. CalSTA will post basic project application information from all applications on its website prior to awarding funding. After projects are selected, CalSTA will post the status of all project applications to its website. CalSTA encourages project applicants to carefully consider how to track the status and benefits of the proposed project, including having project budgets that allow for an appropriate level of before and after data collection and analysis (e.g., greenhouse gas reductions, diesel particulate matter reductions, increased transit service for disadvantaged community residents, etc.). This tracking could take the form of customer surveys made before and after the proposed project, specific data analysis before and after the project, or other efforts. Since this is an ongoing funding program of the state, developing lessons learned and good supporting data are critical to future program effectiveness. For project applicants that have recently submitted an application for Cycle 6 traditional funding for a project that didn’t receive funding or received only partial funding, the application requirements are unchanged. All or much of the prior application may be utilized for resubmission. Reference may be made to past application materials, including letters of support, and if they are unchanged, do not need to be updated. 10 Project Evaluation Applications will receive an initial screening for completeness and eligibility. Incomplete or ineligible applications will not be evaluated. 10.1 Primary Evaluation Criteria Projects will be selected through a competitive process. The primary evaluation will be based on how well a project meets the objectives of the program, as further expanded upon by the grant evaluation considerations in statute: 1.Reduce greenhouse gas (GHG) emissions. CARB has developed a quantification methodology for estimating greenhouse gas reductions that may occur as a result of project implementation (see Attachment 2). The inputs and assumptions behind these calculations must be thoroughly documented as part of the application. Applicants should present project elements that are scalable or separable in a manner that allows the greenhouse gas April 30, 2024 2024 TIRCP FINAL GUIDELINES 15 emission reductions of each element to be understood. Total cost per metric ton of carbon dioxide equivalents (MTCO2e) reduction and Transit and Intercity Capital Program funding per MTCO2e reduction will be primary elements of the evaluation for project selection. Applicants must quantify greenhouse gas reductions (see Attachment 2) and submit reporting information in accordance with the CARB’s Funding Guidelines (see Attachment 1). Highly rated projects will exhibit a low cost per ton of MTCO2e reduction and will have strong documentation of the ridership and passenger mile impacts of the project. 2.Increase ridership through expanded and improved rail and transit service (including connectivity to rail services through expanded and improved transit and/or feeder bus services, or by improving the rider experience through universal GTFS travel information and contactless open payments (such as through Cal-ITP)). Expanding service and improved connectivity includes construction of new rail and transit infrastructure and facilities. Documentation of the assumptions and approach to estimating ridership changes is a critical component of evaluating greenhouse gas emission reductions. Highly rated projects will have significant ridership impacts relative to the project cost and well documented methodologies for establishing ridership forecasts. Projects must document the degree to which ridership growth expected over the life of the project is supported by housing policies that will support such growth, including evidence of compliance with state-required housing plans (such as an Adopted Housing Element), and may include a designation of the community as Prohousing, as determined by the Department of Housing and Community Development’s Prohousing Designation Program. If multiple operators benefit from or are impacted by a project, highly rated projects will document specific ridership results specific to each operator, including any reductions impacting other operators. Recognizing that transit-supportive land use decisions are a key influencing factor of ridership, projects may capture additional ridership from entitled housing projects within a half mile of transit stations that are expected to be delivered within required project outcome reporting period, even if such delivery is following project completion. Investments in traveler information and payment systems that are part of the application should also be evaluated for their impact on project-level and/or system-wide ridership. 3.Integrate the services of the state’s various rail and transit operations, including integration with the high-speed rail system, and the associated integration of services between agencies to support network-wide connectivity. Improving integration will improve connectivity and the seamlessness of the travel experience for users by eliminating points of friction during a public transportation journey. Highly rated projects will identify and address through service design and/or capital project design the opportunities to integrate services across multiple systems or corridors, where possible. 4.Improve safety. Projects that include specific measures to address safety for users or non-users of the transit or rail service should specifically note such project elements and the funding related to them. If the specific nature of safety-related projects components is still being determined in collaboration with local agencies and input from communities, applicants may discuss the broad location and types of investments being planned. Such improvements may include grade separations, improved crossing protection at railroad crossings, or elements in transit stations that reduce the likelihood of pedestrian fatalities and injuries, among other safety elements. Such safety elements may also include elements that increase the safety of disadvantaged and/or vulnerable populations, including safer circulation for the elderly, mobility impaired, very young, and the vision impaired. Highly rated projects will have significant project element related to safety and will not leave major safety considerations unaddressed. April 30, 2024 2024 TIRCP FINAL GUIDELINES 16 10.2 Secondary Evaluation Criteria Projects will also be evaluated based on the following criteria: 1.If/how much projects contribute to the implementation of sustainable communities strategies and the reduction of vehicle miles traveled and GHGs that may not be quantitatively captured in CARB’s Quantification Methodology (QM), discussed in Section 10.1.1. A.Reducing vehicles miles traveled from automobiles and the number of automobile trips beyond what will be achievable via transit ridership as captured in the QM and conveyed per #1 and #2 of the Primary Evaluation Criteria. B.Coordinating with local governments to facilitate the location of additional employment and/or housing in the transit stop or station area (e.g., within ½-mile of the transit station or stop that will be affected by the project and the resulting low-carbon impact of such location efficiency on statewide GHG emissions relative to the status quo). This can be accomplished by using project funding to make station areas and neighborhoods walkable, bikeable, and well-integrated with existing or planned shared mobility and transit services. Evidence that will support this co-benefit will include: •Documentation showing the siting of projects with rail stations and major transit centers located within ½ mile of existing or planned future housing with densities that correlate with higher transit use and lower VMT per household. •Documentation showing alignment with state housing policies and goals that seek to increase access, reduce transportation costs, improve equity, and overcome the statewide housing crisis. Applicants can demonstrate alignment in one of two ways: (a)The project will serve a community within ½ mile of a transit station or stop that has received a positive Prohousing Designation Program score, certified by the Department of Housing and Community Development, for one or more of the following Prohousing Policies: •Policies that promote development consistent with the state planning priorities pursuant to Government Code section 65041.1 (25 CCR 6606 [C][2]). •Density bonus programs which exceed statutory requirements by 10 percent or more (Sec. 6606[b][1][D]). •Increasing allowable density in low-density, single-family, residential areas beyond the requirements of state Accessory Dwelling Unit law (e.g., permitting more than one ADU or JADU per single-family lot) (25 CCR 6606 [b][1][E]). •Documented practice of streamlining housing development at the project level, such as by enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law (Pub. Resources Code, §§ 21155.1, 21155.4, 21159.24, 21159.25; Gov. Code, § 65457; Cal Code Regs., tit. 14, §§ 15303, 15332; Pub. Resources Code, §§ 21094.5, 21099, 21155.2, 21159.28). (25 CCR 6606[b][2][C]). April 30, 2024 2024 TIRCP FINAL GUIDELINES 17 •Zoning to allow for residential or mixed uses in one or more non- residential zones (e.g., commercial, light industrial) (25 CCR 6606 [b][1][G]). •Reducing or eliminating parking requirements for residential development as authorized by Government Code section 65852.2; adopting vehicular parking ratios that are less than the relevant ratio thresholds at subparagraphs (A), (B), and (C) of Government Code section 65915, subdivision (p)(1); or adopting maximum parking requirements at or less than ratios pursuant to Government Code section 65915, subdivision (p). (25 CCR 6606[b][1][F]). •Measures that reduce costs for transportation-related infrastructure or programs that encourage active modes of transportation or other alternatives to automobiles. Qualifying policies include, but are not limited to, publicly funded programs to expand sidewalks or protect bike/micro-mobility lanes; creation of on-street parking for bikes; transit-related improvements; or establishment of carshare programs. (25 CCR 6606[b][3][E]). •Modification of development standards and other applicable zoning provisions to promote greater development intensity. Potential areas of focus include floor area ratio; height limits; minimum lot or unit sizes; setbacks; and allowable dwelling units per acre (25 CCR 6606[b][1][H] •Rezoning and other policies that support high-density development in Location Efficient Communities. (25 CCR 6606[c][5]). •Permitting missing middle housing uses (e.g., duplexes, triplexes, and fourplexes) by right in existing low-density, single-family residential zones (25 CCR 6606[b][1][B]). •Establishment of a Workforce Housing Opportunity Zone, as defined in Government Code section 65620, or a housing sustainability district, as defined in Government Code section 66200 (25 CCR 6606[b][1][I]) •Policies that go beyond state law requirements in reducing displacement of lower income households and conserving existing housing stock that is affordable to lower income households. (25 CCR 6606[c][4]). •Policy that represents one element of a unified, multifaceted strategy to promote multiple planning objectives, such as efficient land use, access to public transportation, affordable housing, climate change solutions, and/or hazard mitigation (25 CCR 6606[c][1]). •Establishment of pre-approved or prototype plans for missing middle housing types (e.g., duplexes, triplexes, and fourplexes) in low-density, single-family residential areas (25 CCR 6606[b][3][G]). •Adoption of ordinances or implementation of other mechanisms that result in less restrictive requirements than Government Code sections 65852.2 and 65852.22 to reduce barriers for property April 30, 2024 2024 TIRCP FINAL GUIDELINES 18 owners to create ADUs/JADUs. Examples of qualifying policies include, but are not limited to, Development standards improvements, dedicated ADU/JADU staff, technical assistance programs, and pre-approved ADU/JADU design packages (25 CCR 6606[b][3][B]). •Priority permit processing or reduced plan check times for ADUs/JADUs, multifamily housing, or homes affordable to lower- or moderate-income households (25 CCR 6606[b][2][I]). (b)The applicant engages in affordable, residential transit-oriented development on land owned or leased by the transit agency, or in conjunction with another public agency or private investor making such investments within ½ mile of one or more stations or stops served by the project. To be considered “affordable,” the development must have at least 20% of units reserved for residents with 60% or less AMI. To be “transit- oriented” the housing must be within ½ mile of a transit station or stop and have a density of at least 20 dwelling units per acre. Special consideration may be given to projects which convert surface parking facilities into housing and or job centers, if they are located within ½ mile of a transit stop. (c)In addition to considering these housing strategies, applicants are encouraged to include narrative demonstrating an understanding of displacement vulnerabilities proximate to the project area and demonstrate how direct and indirect displacement is being considered and minimized by the proposed project, if applicable. Anti-displacement efforts that are part of implementing a capital project are eligible costs under TIRCP. C.Expanding existing rail and public transit systems, to the extent not already captured in the project being applied for. Specific items that could be covered here include the expected strengthening of the existing system in a manner that will allow future investments in expansion to be considered, or the extent to which additional service may be operated due to the ridership growth achieved throughout the system due to the project, even if the specific location of the needed service increase is not yet identified. The contribution of the project to the acceleration of later phases of rail and transit projects in the region or service area may also be included in this category D.Enhancing the connectivity, integration, and coordination of the state’s various transit systems, including, but not limited to, regional and local transit systems and the high- speed rail system. This category should be utilized in particular if there are not specific capital investments or planning efforts called out in the project budget that invest in integration, but these benefits are still a co-benefit of the project, such as through contactless open payments or GTFS-RT traveler information systems. This category can also address integration across other modes of transportation, such as connections at/to: airports, bus terminals, ferry terminals, rail stations, active transportation infrastructure and networks, and other shared mobility options (e.g. bikeshare, scooter- share, carshare) that help transit users overcome potential first- and last-mile barriers to transit use. E.Investing in clean vehicle technology, including efforts that will accelerate the adoption of such technology or provide valuable research or demonstration of such technology. When buses will be funded as a part of this project, special consideration will be given to April 30, 2024 2024 TIRCP FINAL GUIDELINES 19 zero emission bus technology. F.Promoting active transportation, by investing in infrastructure, amenities, education and outreach, etc. that will increase the proportion of trips accomplished by biking and walking. This includes efforts and investments to increase the safety and mobility of bicyclists and pedestrians. Examples of how this can be accomplished includes (but is not limited to) the following: •Bike parking/storage at transit stations and stops •Open payment systems integrated with transit •Bike lanes and sidewalks to make station areas accessible via active transportation •Traffic calming elements are transit stations to make walking and biking a safer and more pleasant experience G.Improving public health, with particular emphasis on elements benefiting the most impacted and disadvantaged communities, low-income communities, and/or low- income households. This category should include any air quality impacts of the project not included in the reduction of greenhouse gas emissions, including health benefits from improved regional air quality resulting from the project. The air pollution reductions for this item should be documented using CARB’s co-benefit assessment methodologies. 2.Benefit to priority populations. The applicant must evaluate the criteria detailed by CARB (see Attachment 1) and complete the CARB benefit criteria table, to determine whether the project meets criteria for providing direct, meaningful, and assured benefits to a disadvantaged community, low-income community, and/or low- income households and address a community need pursuant the CARB’s Funding Guidelines, and specifically document the manner in which all or part of the project does so. Projects that will be used by residents of disadvantaged communities, low-income communities, and/or low-income households should document the nature of such use and its degree of relevance to disadvantaged community, low-income community, and/or low-income household residents in the service areas of the operators benefiting from the project. A.Project applicants should be explicit on the deliberate steps they take to achieve a meaningful level of participation from disadvantaged communities, low-income communities, and/or low- income households in the planning and design of projects that are intended to address community identified priorities and needs. B.As detailed in the CARB Funding Guidelines, Attachment 1, benefits to priority populations can also be demonstrated through community workforce agreements or labor agreements with unions, community-based organizations (CBOs), or other partners. The following are examples from around California that provide more background and context for applicants: •For transit infrastructure, Community Workforce Agreements (CWAs) are commonly used in California cities where local elected officials see them as a mechanism to maximize the economic benefits of development projects and create jobs for local residents. •For transit system expansion, the state’s larger transit agencies (e.g., Los Angeles County Metro, BART, SFMTA, and AC Transit) regularly establish Project Labor Agreements (PLAs) for large construction projects. •CWAs and PLAs set standards for wages and expand training opportunities for workers, because they include use of the state-certified apprenticeship system and contributions to apprenticeship training trust funds for every hour worked. Some agencies that require PLAs for major subsidized housing developments and transit April 30, 2024 2024 TIRCP FINAL GUIDELINES 20 system expansion projects include targets for local hiring (turning the PLA into a Community Workforce Agreement, or CWA), set goals for apprenticeship utilization, and codify goals for participation of disadvantaged workers to expand access to women and other workers underrepresented in the construction trades. 3.The project priorities developed through the collaboration of two or more rail operators and any memoranda of understanding between state agencies (including intercity rail joint powers authorities) and local or regional rail operators. 4.Geographic equity, with particular attention by applicants in identifying efforts to address underserved communities within an applicant’s region or service area. The Transportation Agency will separately apply geographic equity considerations at a statewide level. 5.Consistency with a plan or strategy contained in an adopted Sustainable Communities Strategy, as confirmed by the Metropolitan Planning Organization (MPO), or, in non-MPO regions, a regional plan that includes policies and programs to reduce greenhouse gas emissions. Especially in the case of large capital projects, inclusion in an applicable financially constrained SCS will be noted as evidence of regional funding commitment and enhanced likelihood of successful project delivery. Consistency with the 2018 State Rail Plan service and connectivity goals, if applicable. Projects that are part of a regional network and are considered regionally significant should be noted as such. All referenced documents should be included as an attachment. 6.Benefits to freight movement, consistent with the Sustainable Freight Action Plan and the goals of the California Freight Mobility Plan, if applicable. In shared passenger/freight rail corridors, use this category to document and discuss GHG reductions from a greater volume of goods movement by rail if applicable. 7.The extent to which a project has supplemental funding committed to it from non-state sources, with an emphasis on projects that leverage funding from private, federal, local or regional sources that are discretionary. 8.For expansions of service, the presence and quality of a financial plan that analyzes the financial viability of the proposed service, including the availability of any required operating financial support. Highly rated projects will address and score highly on multiple secondary evaluation criteria, with clear documentation of claimed benefits. Clear documentation will include data related to evaluating the claimed benefits to the extent available. Agencies are encouraged to document in the secondary evaluation criteria categories of verifiable greenhouse gas reducing activities associated with a project that are not specifically captured in the primary evaluation categories and in the quantification tools provided by CARB. 10.3 Benefit to Priority Populations It is a goal of this program to maximize benefits to disadvantaged communities and low-income communities and households. Pursuant to the requirements of SB 535, as amended by AB 1550, the overall California Climate Investments Program funded with Cap-and-Trade auction proceeds must result in: (1) a minimum of 25% of the available moneys in the GGRF to projects located within, and benefiting individuals living in, disadvantaged communities, (2) an additional minimum of 5% to projects that benefit low-income households or to projects located within, and benefiting individuals living in, low-income communities located anywhere in the state, and (3) an additional minimum of 5% either to projects that benefit low-income households that are outside of, but within a 1/2 mile of, disadvantaged communities, or to projects located within the boundaries of, and benefiting individuals living in, low-income communities that are outside of, but within a 1/2 mile of, disadvantaged communities. April 30, 2024 2024 TIRCP FINAL GUIDELINES 21 Information on California Climate Investments to Benefit Disadvantaged Communities with background on SB 535, AB 1550 and the CalEPA California Communities Environmental Health Screening Tool 4.0 (CalEnviroScreen), can be found at: https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-40 In addition to contributing benefits towards meeting or exceeding the AB 1550 investment minimums, the TIRCP has a statutory investment target for benefits to disadvantaged communities required by SB 862 (a 25% minimum). This applies across the entire program regardless of funding source. Agencies are responsible for documenting compliance with these requirements. Investments that are eligible to be counted toward AB 1550 as projects within and benefiting disadvantaged communities will also count toward meeting the SB 862 requirements. Refer to criteria in Funding Guidelines (further referenced below) for how to demonstrate benefit. SB 862 requires CARB, in consultation with CalEPA, to develop funding guidelines for all agencies that are appropriated monies from the GGRF. These guidelines must include a component for how administering agencies should maximize benefits for disadvantage communities. The CARB funding guidelines are referenced in Attachment 1. Applicants must complete and submit the CARB Benefit Criteria Table with their application. In reviewing efforts to maximize benefits to disadvantaged communities, low-income communities, and/or low-income households, CalSTA may request review of applications by an advisory panel representing such stakeholders during the evaluation of applications. The primary goal of this panel will be to review proposed efforts (both pre-application and those proposed for the post-award period) and to either confirm that the applicant efforts will help align the proposed project with stakeholder and community needs, or to recommend efforts that would allow such needs to be addressed (see items 9 and 10 in section 9 describing how such efforts may be requested and funded as part of project selection. 11 Project Selection Process CalSTA will evaluate applications for compliance with the objectives of the program, including those provided in AB 180, and rate them based on the Primary and Secondary Criteria, assigning ratings such as “High,” “Medium- High,” “Medium,” “Medium-Low”, and “Low” to the specific alignment of the project to each of the selection criteria, and also considering the cost per ton of CO2e reduction and the risks of successful project delivery. Because of the wide variety in the type and size of projects that can be funded from this program, CalSTA may group projects for the purpose of comparing the ratings of like applications or for purposes of comparing projects within a region. In addition, projects with clear phases or scalability may be evaluated for the portion of the project that would receive the highest rating if partial funding for the project is under consideration. The highest rated applications that meet the program objectives will be selected for programming, except that CalSTA may make adjustments to meet the AB 1550 goals of this program and to provide for geographic equity. In addition to being evaluated on the aforementioned criteria and benefit to priority populations, including addressing community needs, each application will also be assessed to determine the risk associated with the project's capacity to generate, as planned, transportation and greenhouse gas emission reduction benefits (including potential sensitivity to different project benefit outcomes), and to be delivered within budget, on time, and as designed. Additional factors to be considered include: 1.The overall need and benefit of the project in the context of its contribution to advancing later phases of the project, other aspects of a region’s long-range plans or towards improving the state’s interregional transportation network. April 30, 2024 2024 TIRCP FINAL GUIDELINES 22 2.Project readiness and reasonableness of the schedule for project implementation, including the following: A.Progress towards achieving environmental protection requirements. B.The comprehensiveness and sufficiency of agreements with key partners (particularly infrastructure owning railroads) that will be involved in implementing the project. C.For projects that are not fully funded through construction due to funding contingencies (such as federal or local measure funds), the timing and amount of the project's future non- committed investments. 3.The leveraging and coordination of funding from other greenhouse gas reduction programs such as Caltrans’ Low Carbon Transit Operations Program, the SGC’s Affordable Housing and Sustainable Communities Program or the CARB’s Low Carbon Transportation funding program. The leveraging and coordination of funding from other private, federal, state (including SB1 funding programs like State Rail Assistance), local or regional sources, with consideration of those sources that are discretionary compared to those that are non- discretionary. 4.The alignment to the State Rail Plan, where relevant, which articulates a vision and specific service and delivery goals for coordinating schedules and physical infrastructure to deliver an integrated network by leveraging available resources. 5.The coordination of project development and delivery efforts in a regional and megaregional context to support an integrated, statewide rail and transit network. This should be articulated in the context of network integration and those agencies applying specifically for network integration funds or projects will be evaluated on their ability to describe the process for delivering an integrated project and its associated benefits. Highly rated projects will clearly communicate a compelling need for the project in terms of specific benefits for the public and will demonstrate a high degree of project readiness with few risks related to proceeding into construction and operating services that achieve the proposed benefits once the project is completed. Most highly rated projects will have an approved environmental document. Those projects that are requesting TIRCP funds to complete the project’s funding package (when combined with already committed other funds) will clearly communicate the acceleration in project delivery possible due to receipt of TIRCP funding even if the project may ultimately have been advanced with future local and state resources at a later date. Highly rated projects will quantify the benefits of such acceleration as part of the project application. CalSTA will collaborate with other state entities when evaluating project proposals, including but not limited to: CARB, CalEPA, the California High-Speed Rail Authority, Caltrans, the Commission, the Department of Housing and Community Development, and the Strategic Growth Council. CalSTA, or Caltrans acting on CalSTA’s behalf, may request additional documentation to support statements or data provided in the applications. However, applicants should endeavor to be as clear as possible in their applications and not assume that opportunity will be provided to clarify or better support a submitted application. Supporting documentation should include spreadsheets, reports and methodology descriptions (with sources noted) when available. Applications will proceed through a multi-step review process: 1.Basic screening for completeness and eligibility. 2.Review of application for potential subdivision into project phases or components, review and analysis of ridership and GHG quantification, and summarization of project to assist technical panel review. 3.Initial rating of projects on each primary and secondary evaluation criterion (see section 10) and other additional factors (above in this section) described in the guidelines by multi-agency technical panels. April 30, 2024 2024 TIRCP FINAL GUIDELINES 23 4.Consideration of technical panel ratings, geographic equity and degree of disadvantaged and/or low-income community benefits by a senior executive panel, with potential to request additional information from subject matter experts that may result in a revised rating on one or more evaluation criteria or factors. 5.Project selection by CalSTA, taking into consideration cross-cutting and comparative selection criteria that consider overall program objectives, geographic equity and exceeding program goals for benefits to disadvantaged communities, low-income communities, and/or low-income households. 12 Programming CalSTA will publish its updated 5-year Program of Projects as part of the Cycle 7 award announcement, as established in the Call for Projects, and will present it to the Commission shortly thereafter. When CalSTA releases the program, it will include a narrative for each approved project that describes that project’s rating for primary and secondary criteria as well as special considerations to achieve disadvantaged and/or low-income community benefit and geographic equity. Subsequent 5-year programs are expected to be approved by CalSTA biennially. CalSTA may call for additional applications, or adjust the existing Program of Projects between cycles, as warranted based on the level of auction proceeds. CalSTA will develop and regularly update the Program Allocation Plan to guide the allocation of funds for the current program. The Program Allocation Plan for each fiscal year will include the amount to be funded from the TIRCP, and the estimated total cost of each project. The yearly allocation amounts will be based on the needs of separable project components and phases or based on the cash flow needs for projects that need multiple years to complete. CalSTA will program and the Commission will allocate funding to projects in whole thousands of dollars and will include a project or project component only if it is fully funded from a combination of TIRCP and other committed funding. Funds will be considered as committed when they are programmed by CalSTA, when the agency or other funding partner with discretionary authority over the funds has made its commitment to the project by ordinance, resolution or appropriate contract vehicle. In the case of the Federal Transit Administration, recommendation of the project for funding in the Annual Report on Funding Recommendations for the Capital Investment Program is considered a commitment of funding. For federal formula funds, including Surface Transportation Program, Congestion Mitigation and Air Quality Improvement Program, and federal formula transit funds, the funding commitment may be by Federal approval of the Federal Statewide Transportation Improvement Program. For projects seeking federal discretionary funds such as New Starts, Core Capacity, or Small Starts, the commitment may take the form of federal acceptance into Accelerated Project Delivery and Development (in the case of Small Starts) with the expectation of federal approval of an Expedited Grant Agreement, or federal approval of a project to enter Engineering (in the case of New Starts or Core Capacity) with the expectation of federal approval of a Full Funding Grant Agreement, as long as all funding, excluding TIRCP funding, is committed to the project. Similar pursuit of Federal Railroad Administration and United States Department of Transportation funding for rail-related grant programs may also be referenced and pursued for match, including applications that request funding for awards that are contingent on receiving such federal funding. A project that is programmed prior to receiving federal approval for construction may be subject to deletion from the program, if federal funds are not received, federal funding is reduced or the scope of the federal commitment changes, unless other committed funding sources are identified that replace federal funding not obtained. If the applicant expects to be able to leverage state funding to provide the match necessary to obtain federal planning funds, this should also be identified. For local funding, the funding commitment may be demonstrated by inclusion of the project in a funding package, such as a sales tax measure, to be submitted to voters during this program cycle and with sufficient funding specified for the project to achieve full funding. The applicant shall provide evidence with 24 the application that the project is included in a future funding package with funds sufficient to meet the local funding commitment when combined with other already available funds. A project that is programmed prior to receiving voter approval for project funding must succeed in receiving the voter approval, or the project may be subject to deletion from the program. For projects with other funding partners that have entered into a contract vehicle committing their funding, access to the funding must occur before TIRCP funding will be approved for allocation to the project. CalSTA may make an exception to its policy to only program a project if it is fully funded, if the project may be funded from a combination of TIRCP and other committed funding to allow a project to compete for funding from other greenhouse gas reduction programs (such as Caltrans’ Low Carbon Transit Operations Program, the SGC’s Affordable Housing and Sustainable Communities Program or the CARB’s Low Carbon Transportation funding program) or from the Commission’s Active Transportation or State Transportation Improvement Programs. A project intending to compete for funding in one of the aforementioned programs should indicate, if applicable, the separable elements to be funded from that source. A project that is programmed prior to receiving a commitment of funding from one of the aforementioned programs must receive the funding commitment no later than in the fiscal year in which the project is requesting a TIRCP allocation. If the project does not receive funding from that program and the project does not have separable elements, the project may be subject to deletion from the program. If a project does not receive their anticipated federal, local or other funding commitments, CalSTA may delete the project from the program and consider selection of projects or components of projects that were highly rated but not selected due to lack of sufficient funds from previous rounds of TIRCP applications as long as the project is still viable and deliverable consistent with prior cycle programming and demonstrates acceptable levels of benefits with the most current quantification methodologies. If, prior to seeking a Commission allocation, an award recipient does not make adequate progress to implement an awarded project in a timely manner or incurs delays through the action or inaction of the recipient, subrecipient or third party associates, the project may be deleted from the TIRCP program. An applicant may resubmit a deleted project for consideration in future funding cycle. All current projects are subject to review prior to the Call for Projects to determine whether they are making adequate progress towards implementing the originally awarded project scope. 13 Allocations and Project Delivery When an agency is ready to implement a project or project component, the agency will submit an allocation request package, including all required certifications and documentation, through Caltrans' DLA . Allocation requests are expected to adhere to the preparation schedule established by Caltrans Office of California Transportation Commission Liaison (OCTCL) along with any additional time required for CalSTA’s review and approval of a recommendation to the Commission for an allocation of funds. For planning by an award recipient, the time required from the submittal and approval of an allocation request can range from 90 to 120 days prior to date of a scheduled Commission meeting. Caltrans will review the request and determine whether to recommend the request to the Commission for action. The Commission will consider the allocation of funds for a project only when it receives an allocation request with a recommendation from Caltrans and consistent with the TIRCP Program Allocation Plan. The recommendation will include a determination of project readiness, completion of funded phases that require completion prior to proceeding into the next phase, the availability of appropriated funding, and the availability of all identified and committed funding needed to support the specific allocation request. When Caltrans develops the project’s construction allocation recommendation(s), the Commission expects Caltrans to certify the project’s plans, specifications and estimates are complete, right-of-way clearances are achieved, and all necessary permits and agreements (including railroad construction and maintenance) are executed. In compliance with Section 21150 of the PRC, the Commission will not allocate funds for design, right-of- 2024 TIRCP FINAL GUIDELINES April 30, 2024 April 30, 2024 2024 TIRCP FINAL GUIDELINES 25 way, or construction prior to documentation of environmental clearance under the California Environmental Quality Act and all needed environmental documents are provided for a Commission E-Resolution. As a matter of policy, the Commission will not allocate funds for design, right-of-way, or construction of a federally funded project prior to documentation of environmental clearance under the National Environmental Policy Act (NEPA). Exceptions to this policy may be made in instances where federal law allows for the acquisition of right-of-way prior to completion of NEPA review. If requested by the Commission, Caltrans will assist Commission staff in the preparation of agenda items presenting environmental documents to the Commission. Projects that are awarded funding for network integration are to be allocated under the construction phase, unless such efforts are part of a task within an earlier phase of work. If allocated as a separable work effort, at the time of allocation, an agency must either environmentally clear the network integration work, usually with a Notice of Exemption, or provide a written statement certifying that the network integration project is exempt. CalSTA will request the Commission approve the allocation, if the funds are available as determined by CalSTA and Caltrans, and the allocation is necessary to implement the project as included in the adopted TIRCP Program Allocation Plan and Program of Projects. If there are insufficient program funds to approve an allocation, CalSTA may delay the recommendation to allocate funds to a project until a future fiscal year without requiring a Commission action. Agencies should be prepared to award contracts within six months of allocation unless otherwise indicated and approved at the time of allocation. Funds available following the deletion of a project may be re-awarded and allocated to a programmed project advanced from a future fiscal year or to a project amended into the program. The TIRCP is a reimbursement program for costs incurred. Costs incurred prior to Commission allocation and, for federally funded projects, federal project approval (i.e. Authorization to Proceed), are not eligible for reimbursement. Moreover, contracts against which reimbursements from TIRCP will be sought may not be awarded prior to funding allocation without specific pre-approval by CalSTA and approval of a Letter of No Prejudice by the Commission. For the procurement of rolling stock and buses, the exercising of an option or the certification of funds for TIRCP funded contract elements after Commission action may be considered to meet the milestone for contract award, provided that the agency is under no contractual obligation to pay any funds or penalty if the option is not exercised or the funds not certified. Confirmation of this approach should be sought prior to seeking an allocation of funds. Caltrans will execute all appropriate contractual agreements with the implementing agency, under its delegated authority from CalSTA. These agreements may include project specific conditions required by CalSTA’s award announcement and will be based on the awarded scope of work, schedule for completion and expected outcome of the project. Prior to the completion of project design, an agency may propose to CalSTA modifications to the proposed project in order to achieve the same or greater level of benefits or reduced costs. Funds allocated for project development or right-of-way costs must be expended by the end of the fiscal year of allocation plus two additional fiscal years, unless a longer timeframe is requested at the time of allocation or the Commission approves a time extension subsequent to the allocation. Allocations for award are valid for six months from the date of allocation unless otherwise indicated at the time of allocation. For funds allocated for construction phase contracts, including rolling stock procurement, will have an expenditure timeline of 36 months after the award of a contract to complete (accept) the contract unless a longer timeframe is requested at the time of allocation or the Commission approves a time extension subsequent to the allocation. The implementing agency must submit a final invoice to Caltrans no later than 180 days after contract acceptance. Additional details relevant to the Commission’s Allocation Policy can be found in Resolution G-20-61 on the Commission’s website. The Allocation Policy is subject to change and the most current Allocation Policy will apply. April 30, 2024 2024 TIRCP FINAL GUIDELINES 26 13.1 Letter of No Prejudice An agency may apply for a Letter of No Prejudice (LONP) for a project or for any component of a project included in the approved Program of Projects. Statutory authority is provided in Section 75225 of the PRC as added by SB 9. The Commission as authorized by statute adopted guidelines for approval of LONPs for specific programs, including the Transit and Intercity Rail Capital Program. All LONP requests must follow the Commission’s currently adopted LONP guidelines. Any request for an LONP will be submitted through Caltrans for concurrence by CalSTA and Commission approval. If an LONP is approved by the Commission, it allows the implementing agency to award a third-party contract(s) and advance a project by expending its own funds (incur reimbursable expenses) for any component of the project that is the subject of the LONP prior to allocation. The amount will be reimbursed if all the following conditions are met: 1.The project or project component for which the letter of no prejudice was requested has commenced and the expenditures have been incurred. 2.The expenditures are eligible for reimbursement in accordance with applicable laws and procedures. If expenditures made by the lead applicant agency are determined to be ineligible, the state has no obligation to reimburse those expenditures. 3.The agency complies with all legal requirements for the project, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). 4.There are moneys in the GGRF or from SB 1 revenues designated for the program that are sufficient to make the reimbursement payment. 13.2 Multiyear Funding Agreement An agency may apply to CalSTA for a multiyear funding agreement. Statutory authority is provided in Section 75224 (d) of the PRC. Any such agreements shall be implemented in cooperation with the Commission by inclusion of the anticipated multi-year cash flow commitment in the applicable allocation action at the time a project or project component is allocated. If approved by CalSTA, the multiyear funding agreement would operate similar to a federal Full Funding Grant Agreement, wherein an agency may receive an allocation and implement a project at risk, with receipt of future state revenue dependent on legislative appropriation and/or receipt of program SB 1 revenue or Cap-and- Trade auction proceeds. The state would not be responsible for any borrowing costs an agency may incur, or other costs, allocated with the timeline of state revenue availability. The most up-to-date cash flow commitments to projects or project components are reflected in the Program Allocation Plan. Pursuant to Section 75224, the multiyear funding agreement would be for an amount of program money and for any duration, as determined jointly by the CalSTA and the applicant. CalSTA may agree to a duration that exceeds the five-year programming cycle, if deemed helpful in completing large transformative capital projects. Other requirements for the program will be included in the multiyear funding agreement as determined by CalSTA in cooperation with the applicant and the Commission. 13.3 Project Delivery Deadline Extensions and Timely Use of Funds Once an awardee has been allocated TIRCP funding, funds are subject to the Commission’s timely use of funds policy and for the construction phase, awardees are expected to execute the third-party contract within six months of the allocation. Under CalSTA concurrence and with Commission action, an extension may be granted for the period of contract award, April 30, 2024 27 project completion or project reimbursement if it finds that an unforeseen or extraordinary circumstance has occurred that justifies the extension. The extension will not exceed the period of delay directly attributable to the extraordinary circumstance. There are separate deadlines, for award of a contract, for project completion and project reimbursement and each project component has its own deadlines. All requests for project delivery deadline extensions should be submitted by the agency responsible for project delivery to Caltrans at least 120 days prior to the specific deadline for which the particular extension is requested (e.g., 120 days prior to June 30 to request the extension of allocation deadlines). The extension request should describe the specific circumstance that justifies the extension and identify the delay directly attributable to that circumstance. Caltrans will review extension requests and provide a recommendation to CalSTA for concurrence and then submit to the Commission for formal approval. After the Commission allocation, any costs incurred for eligible work will not be reimbursed until the appropriate agreements (Master Agreement and Project Supplement/Amendment) with the local agency have been executed and must remain in effect over the time required to complete capital improvements, implement services and fulfill the reporting requirements of benefits and outcomes associated with the award. 14 Project Reporting As a condition of the project selection and allocation, the implementing agency must submit to Caltrans quarterly reports on the activities and progress made toward implementation of the project and a Final Delivery Report (FDR). The purpose of the reports is to ensure that the project achieves the goals of the program, is executed in a timely fashion, and is within the scope and budget identified when the decision was made to fund the project. Recordkeeping and reporting requirements will apply through the life of the project. All recordkeeping and reports must be consistent with the reporting requirement, quantification methodologies and records retention periods developed by CARB (see Attachments 1, 2 and 3). At a minimum, agencies must report on all projects selected for funding, progress on each funded project, and the benefits (GHG and co-benefits) achieved. Implementing agencies should note that additional Project Outcome Reporting may be required and is subject to modification based on the evolving needs of the program. Caltrans may provide assistance through Cal-ITP on real-time information and payments to streamline reporting requirements. For projects benefiting disadvantaged communities, low-income communities, and/or low-income households, reports must identify and include metrics to demonstrate the benefits being achieved and how community needs are being met, consistent with CARB’s Funding Guidelines. Some reported project information will be publicly available on the CARB website, including the amount of funding that is being spent on projects that benefit disadvantaged communities, low- income communities, and/or low-income households. Consistent with CARB’s Funding Guidelines, local agencies will now be required to report on job co- benefits, in addition to all other reporting requirements. Job co-benefits refer to California jobs supported, not created, by California Climate Investments. Jobs supported by California Climate Investments include direct, indirect, and induced employment. At the time of application, applicants are required to submit a job co-benefit modeling tool, which is based upon a co-benefit assessment methodology developed by CARB. Once an awarded project has been implemented, funding recipients will also be required to report actual (not modeled) jobs data via the semi- annual reporting process. Within one year of the entire project award becoming operable, or a later time period if approved by CalSTA, the implementing agency must provide a FDR to Caltrans which includes: 1. The scope of the completed project as compared to the programmed project. 2024 TIRCP FINAL GUIDELINES April 30, 2024 2024 TIRCP FINAL GUIDELINES 29 thereof; state and federal laws and regulations; contract provisions; and program guidelines, and whether project deliverables (outputs) and outcomes are consistent with the project scope, schedule, and benefits described in the executed project agreement or approved amendments thereof. A report on the projects audited must be submitted by the auditing agency to CalSTA. 15 Project Administration Caltrans will administer the TIRCP consistent with these guidelines and all applicable Commission and Caltrans policies and procedures for the administration of similar grant programs. Projects awarded funding from TIRCP are expected to document and publicize the Transit and Intercity Rail Capital Program in proper context when developing press releases and board documents, or in hosting public events such as project groundbreakings. References should be made to TIRCP, the California State Transportation Agency as the program sponsor, and the Greenhouse Gas Reduction Fund and SB 1 program as fund sources, as applicable, in order to ensure transparency regarding the funding of the project. Additional details will be provided to program award recipients. Agencies must encumber and expend monies consistent with State law and ensure that GGRF monies are utilized consistent with the expenditure record submitted by Caltrans and required by SB 1018. A determination that use of GGRF monies is not consistent with the expenditure record and does not further the purposes of AB 32 may occur during legal proceedings or during an audit or program review conducted by the Bureau of State Audits, Department of Finance, a third-party auditor, or the CARB. Depending on the outcome of those proceedings or review, agencies may be required to return monies to the state if expenditures are not consistent with the statutory requirements (such as not furthering the purposes of AB 32). Audits and on-site monitoring can take place at any time at the discretion of CalSTA, without prior warning given to the agency. CalSTA has the right to audit the project records, including technical and financial data of the Project Applicant, the Implementing Agency, and any consultant or sub-consultants at any time after award, during the course of the project and for three years from the date of the final closeout of the project, therefore all project records shall be maintained and made available at the time of request. The state may terminate the grant for any reason at any time if it learns of or otherwise discovers that there are allegations supported by reasonable evidence that a violation of any state or federal law or policy by the grantee which affects performance of this or any other grant agreement or contract entered into with the State. If a grant is terminated, the agency may be required to fully or partially repay funds from the TIRCP. 16 Project Expenditures Caltrans and CalSTA reserve the right to ask any agency to complete a Cash Flow projections form. The form includes collecting the subtotal for Greenhouse Gas Reduction Fund, Project Approval & Environmental Document, Plans, Specifics & Estimates, Right of Way and Construction. For more information on retrieving the Cash Flow form, please contact tircpcomments@dot.ca.gov. April 30, 2024 2024 TIRCP FINAL GUIDELINES 30 Attachment 1: CCI Funding Guidelines for Administering Agencies Investments to Benefit Disadvantaged Communities and Low-Income Communities and Households The California Air Resources Board (CARB) released the "Funding Guidelines for Agencies Administering California Climate Investments" (Funding Guidelines) on August 30, 2018. The 2018 Funding Guidelines provide flexibility in implementing a diverse set of investments while maintaining transparency of outcomes and ensuring meaningful community benefits from these investments. These guidelines align with the Legislature’s priorities found in AB 398 and Fiscal Year (FY) 2017-18 appropriations. These guidelines reflect the increasingly important role of California Climate Investments in facilitating the reduction of greenhouse gases while also reducing air pollution, helping communities adapt to the impacts of climate change, and providing meaningful benefits to disadvantaged communities, low-income communities, and low-income households (also referred to as priority populations”), among other statutory requirements. CARB collaborates with agencies that administer California Climate Investments programs to develop individual targets for each program to drive investments that achieve direct and meaningful benefits to priority populations and help ensure that statutory requirements are met, which are described in AB 1550. Additional information can be found at the following CARB websites: https://ww2.arb.ca.gov/resources/documents/cci-funding-guidelines-administering-agencies April 30, 2024 2024 TIRCP FINAL GUIDELINES 31 Attachment 2: Quantification Methodology and Co-Benefit Assessment Methodology CCI Quantification and Reporting Materials Administering agencies must use the Funding Guidelines with the resources provided by CARB to develop effective programs and demonstrate compliance with program requirements. Resources include Quantification Methodologies (QMs) and Calculator Tools for estimating greenhouse gas (GHG) emission reductions and co-benefits; Benefit Criteria Tables (BCTs) for determining benefits to priority populations; and Reporting Templates for reporting outcomes. CARB staff developed the Quantification Methodology and associated Calculator Tool to provide guidance for estimating the GHG emission reductions and selected co-benefits for each proposed project type. The calculator tool automates methods described in the QM document, outlines documentation requirements, and provides a link to a step-by-step user guide with project examples. Projects will report the total project GHG emission reductions and co-benefit estimated using the TIRCP Calculator tool as well as the total project GHG emission reductions per dollar of GGRF funds. Using many of the same inputs required to estimate GHG emission reductions, the TIRCP Calculator Tool will estimate the following co-benefits and key variables from TIRCP projects including: •ROG emission reductions (lbs), •NOx emission reductions (lbs), •PM2.5 emission reductions (lbs), •Diesel PM emission reductions (lbs), •Passenger VMT reductions (miles), •Fossil fuel use reductions (gallons), •Fossil fuel energy use reductions (kWh), •Passenger travel cost savings ($), and •Energy and fuel cost savings ($). Additional co-benefits for which CARB assessment methodologies were not incorporated into the TIRCP Calculator Tool may also be applicable to the project. For example, CARB staff have developed the Solar PV Installation tool for calculating installation of rehabilitation of solar installation as well as the Low Carbon Fuels Production tool for new or expanded facilities. Applicants should consult the TIRCP guidelines, solicitation materials, and agreements to ensure they are meeting TIRCP requirements. All CARB co-benefit assessment methodologies are available at: https://ww2.arb.ca.gov/resources/documents/cci-methodologies Reporting templates are developed specifically for each program within California Climate Investments. These templates are used by TIRCP staff to report on outcomes from all projects funded by TIRCP. Note: Quantification methods have been developed specifically for each GGRF programs and are not intended for use in other programs. Additional information can be found at the following CARB website: https://ww2.arb.ca.gov/resources/documents/cci-quantification-benefits-and-reporting-materials April 30, 2024 2024 TIRCP FINAL GUIDELINES 32 Co-benefit Assessment Methodology California Climate Investments support the State's climate change goals and provide many additional benefits to individuals, households, businesses, and communities. These "co-benefits" include social, economic, and environmental benefits. CARB provides guidance on quantification methods and reporting to administering agencies. CARB contracted with the University of California, Berkeley (UC Berkeley) to help research and develop methods for evaluating project co- benefits. Guidance on using the co-benefit assessment methodologies is contained in CARB's Funding Guidelines. The co-benefits were prioritized based on administering agency input and broad applicability to California Climate Investments programs. UC Berkeley first reviewed the scientific data to determine if methods could be developed and summarized the findings in literature reviews. Next, UC Berkeley and CARB developed Co-benefit Assessment Methodologies where feasible. CARB solicited public comment on draft versions in Spring 2018 prior to posting final Co-benefit Assessment Methodologies. CARB may review and update assessment methodologies periodically based on new or evolving project types; new legislation; available resources; new scientific developments or tools, or modifications in the analytical tools or approaches upon which the methodologies were based; or input from administering agencies or the public. The California Air Resources Board is responsible for updating the Co-benefit assessment methodology. See the following website for the most current methodologies. https://ww2.arb.ca.gov/resources/documents/cci-methodologies *Please note that CARB posted an updated draft of the quantification methodology and quantification tool on April 18, 2024, with the final methodology and tool expected by mid-May 2024. Please reference CARB’s website for the final versions before submitting your application: https://ww2.arb.ca.gov/resources/documents/cci-quantification-benefits-and-reporting-materials April 30, 2024 2024 TIRCP FINAL GUIDELINES 33 Attachment 3: Benefit Criteria Tables CCI Benefit Criteria Tables TIRCP uses the Sustainable Transportation Benefit Criteria Table developed by CARB to ensure that programs meet the minimum levels of investments to projects that benefit residents of disadvantaged communities, low-income communities, and low-income households, collectively referred to as “priority populations”. All projects counting toward the statutory investment minimums must be located within an identified community and benefit individuals living within that community, or directly benefit residents of low-income households anywhere in the State. Administering agencies must determine if a project meets the criteria for providing direct, meaningful, and assured benefits to priority populations using the following evaluation approach: Step 1: Identify the Priority Population(s). Be located within a census tract identified as a disadvantaged community or low-income community, or directly benefit residents of a low-income household. Step 2: Address a Need. Meaningfully address an important community or household need for the disadvantaged community, low-income community, or low-income household. Step 3: Provide a Benefit. Using the evaluation criteria, identify at least one direct, meaningful, and assured benefit that the project provides to priority populations. The benefit provided must directly address the identified need. Only investments that meet these criteria will be counted toward achieving the statutory investment minimums identified for priority populations. Administering agencies can fund projects that otherwise provide meaningful benefits, but do not meet these criteria; however, those projects will not be counted toward investment minimums. April 30, 2024 2024 TIRCP FINAL GUIDELINES 34 Attachment 4: California Transportation Commission – Transit and Intercity Rail Capital Program Allocation Policy Resolution G-20-61 [This policy is currently under review for potential revisions that will apply to allocations after the point of adoption.] CALIFORNIA TRANSPORTATION COMMISSION TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM ALLOCATION POLICY Resolution G-20-61 In accordance with Public Resources Code 75220(C), the California Transportation Commission (Commission) shall allocate funding to applicants pursuant to the program of projects approved by the California State Transportation Agency (CalSTA) for the Transit and Intercity Rail Capital Program. The Commission recognizes that the approved program of projects is expressed in more detail with regards to project component, phase and fiscal year of implementation in the Transit and Intercity Rail Capital Program Allocation Plan (which is regularly updated as approved projects progress through development). These two documents are collectively referred to here as the “Program.” Allocations made by the Commission follow the timely use of funds provisions that are consistent across all funding programs under the Commission’s purview. To provide consistency in the programming of state transportation funds, the total award to each project component should be listed in the Transit and Intercity Rail Capital Program in the fiscal year(s) in which the project component will be implemented. If a project is expected to require multiple contracts for any component, each contract should be programmed separately. All project allocation requests that come before the Commission must be consistent with the Program. The following describes how the Commission intends to manage Transit and Intercity Rail Capital Program allocations: 1.Allocations will be made to the full programmed amount for each project component. If a project will require multiple construction contracts, allocations will be made to the full programmed amount for each contract. The Commission will consider the allocation of funds for a project when it receives an allocation request with a recommendation from the California Department of Transportation (Caltrans). The recommendation should include a determination of project readiness, the availability of appropriated Transit and Intercity Rail Capital Program funding, and the availability of all other committed funding. Funds allocated for project development or right-of-way costs must be expended by the end of the fiscal year of allocation plus two additional fiscal years, unless a longer time-frame is requested at the time of allocation or the Commission approves a time extension subsequent to the allocation. Allocations for award are valid for six months from the date of allocation unless otherwise indicated at the time of allocation or the Commission approves a time extension subsequent to the allocation. For funds allocated for construction, including rolling stock procurement, the implementing agency has up to 36 months after the award of a contract, to complete (accept) the contract unless a longer time-frame is requested at the time of allocation or the Commission approves a time extension subsequent to the allocation. The implementing agency must submit a final invoice to Caltrans no later than 180 days after contract acceptance. 2.The Commission will approve the allocation if the funds are available and the allocation is necessary to implement the project or project component included in CalSTA’s approved 5-Year Transit and Intercity Rail Capital Program. For projects that are ready to advertise, the Commission expects Caltrans to certify that a project’s plans, specifications and estimates are complete, environmental and right-of-way clearances are secured, and all necessary permits and agreements (including railroad construction and maintenance) are executed. For the procurement of rolling stock, the Commission may consider the April 30, 2024 2024 TIRCP FINAL GUIDELINES 35 exercising of an option or the certification of funds for contract elements as meeting the milestone for contract award provided that the agency is under no contractual obligation to pay any funds or penalty if the option is not exercised or the funds not certified. Construction allocations for projects or project components not ready for advertisement will not be placed on the Commission’s agenda for allocation approval. In compliance with Section 21150 of the Public Resources Code, the Commission will not allocate funds for design, right-of-way, or construction prior to documentation of environmental clearance under the California Environmental Quality Act. As a matter of policy, the Commission will not allocate funds for design, right-of-way, or construction of a federally funded project prior to documentation of environmental clearance under the National Environmental Policy Act. The implementing agency must not award the contract for a project or project component until the Commission has allocated the funds for the project. Any changes to the scope of a project or project component after the allocation of funds to the project or project component must be approved in advance by the Commission. 3.CalSTA may change the timeline for the allocation of a project component based on changes in project delivery needs. These changes will be communicated in updates to the Program. The Commission may grant the extension of a deadline for award of a contract, for expenditures for project development or right-of-way, for project completion, and for project reimbursement. The Commission may grant a deadline extension if it finds that an unforeseen and extraordinary circumstance beyond the control of the agency has occurred that justifies the extension. The extension will not exceed the period of delay directly attributable to the extraordinary circumstance, and in no event will be longer than 20 months. All requests for project delivery deadline time extensions shall follow the Caltrans time extension process in order to be included in the Commission’s agenda. The extension request should describe the specific circumstance that justifies the extension and identify the delay directly attributable to that circumstance. Caltrans will review all time extension requests and make a recommendation to the Commission for approval. 4.Caltrans is responsible for managing the cash flow needed to match the Transit and Intercity Rail Capital Program’s resources to projects or project components that have received Commission allocations, in accordance with the terms of CalSTA delegated authority and approval. 5.After allocation, Caltrans is responsible for managing project delivery and reimbursements in cooperation with the implementing agencies, in accordance with the terms of CalSTA delegated authority and approval. From: To:C Subject:[BULK] New eComment for City Council on 2025-08-14 9:00 AM - Regular Meeting Date:Monday, August 11, 2025 10:31:47 PM External Email: Use caution with links and attachments City of FresnoNew eComment for City Council on 2025-08-149:00 AM - Regular Meeting Khao Insyarath submitted a new eComment. Meeting: City Council on 2025-08-14 9:00 AM - Regular Meeting Item: 2.-R. ID 25-1074 ***RESOLUTION - Naming the 49-Acre Park at 2155 South Peach Ave. "Southeast Fresno Sports Complex" (Subject to Mayor's Veto) eComment: It would nice to have volleyball and basketball courts View and Analyze eComments This email was sent from https://fresno.granicusideas.com. Unsubscribe from future mailings From: To: Subject:8-14-2025 Council Agenda Item ID 25-1074 Park Naming Resolution Date:Monday, August 11, 2025 1:37:41 PM External Email: Use caution with links and attachments Dear City Leaders, As a lifelong resident of Southeast Fresno and the Sunnyside area, I am reaching out to ask for your support in an important matter that impacts the identity and future of our Southeast Fresno community. Councilmember Brandon Vang has proposed naming the new sports complex on 2155 S. Peach Avenue the “Southeast Fresno Sports Complex.” This name represents our entire community — a rich, vibrant melting pot of diverse cultures, families, and histories. However, there is an ongoing push by SEFCEDA, an organization formed and led by Jose Leon Barraza, to rename the complex after him or others. While many individuals may have made contributions, naming this space after a single person does not reflect the collective identity, values, or unity of our community. I believe that naming the complex after the area — not an individual — honors all who live here. It reinforces a shared identity and promotes unity over individual recognition. Let’s bring the spirit of Southeast Fresno back, not by focusing on personal pride or politics, but by lifting up our community as a whole. Together, let’s ensure our community is heard. This is more than just a name — it’s about preserving our identity and fostering a future built on unity, pride, and mutual respect. Thank you for standing up for Southeast Fresno. In solidarity, General Manager Michael J. Rabara Community Partner & Resident email: website: address: Fresno, CA 93728 office mobile Licenses: FD1423 FDR2073 EMB8747 PRIVACY DISCLAIMER The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future. From: To: Subject:2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex Date:Monday, August 11, 2025 1:47:50 PM External Email: Use caution with links and attachments Agenda Date 8/14/2025 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex Support of Naming Park Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Tou Xue Thao [ Message Dear Council Member Vang, As a Californian and proud American of Mexican heritage, I’m thrilled to see the new park in Southeast Fresno moving forward and strongly support keeping its current name: Southeast Fresno Sports Complex. Please do not support a name change. Our city already has many schools and streets named after individuals, which are more fitting for that type of recognition. This park, however, should stand as a point of pride for the entire community. The name “Southeast Fresno Sports Complex” reflects the area it serves and gives residents a sense of belonging and ownership. For too long, Southeast Fresno has been unfairly associated with negative stereotypes. In reality, our community is on the rise. Having a flagship park proudly bearing the Southeast Fresno name sends a powerful message: we are proud of who we are and where we live. Thank you for your leadership and for considering the importance of keeping this name for our community’s benefit. Sincerely, SE Fresno Resident IP Address User-Agent (Browser/OS) Referrer https://www.fresno.gov/citycouncil/district-5/ From: Subject:814/2025 City Council Meeting, 2-R “Naming 49-Acre Park” Date:Monday, August 11, 2025 7:15:02 PM External Email: Use caution with links and attachments I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Va Thor From: To: Subject:8-14-2025 Council Agenda ItemID 25-1074 Date:Tuesday, August 12, 2025 9:12:30 AM External Email: Use caution with links and attachments I heard about the upcoming discussion regarding changing the name of the Southeast Fresno Sports Complex on the news recently. I urge you to vote to keep the name as it is and not rename it after any single individual. I have lived in Southeast Fresno for over 30 years and I know several of the individuals whose names are proposed. Although I recognize their contributions, I strongly support keeping the name as is and urge you to vote to retain the name Southeast Fresno Sports Complex. Sharon Mueller From: To: Subject:Fwd: “Southeast Fresno Sports Complex” - Please keep this name Date:Tuesday, August 12, 2025 9:17:23 AM External Email: Use caution with links and attachments ASK: Keep Southeast Fresno Sports Complex name Good morning, I am contacting you regarding the Southeast Fresno Sports Complex, an exciting development for our SE community. Local TV stations reported on the same and mentioned some thought the name was "boring". I disagree. It's important to choose a name that best represents the spirit and diversity of our area so I am advocating to keep the name of the development "Southeast Fresno Sports Complex". This name reflects our community - all of us - taking into account different cultures, neighborhoods, and generations. (My family has lived in Sunnyside since 1963!) I am proud to be part of this neighborhood and I look forward to seeing the development come to fruition. Thank you for your consideration and advocacy. If you need or want to contact me, here is contact information: From: To: Subject:RE: 8-14-2025 Council Agenda Item ID 25-1074 Date:Tuesday, August 12, 2025 9:20:04 AM External Email: Use caution with links and attachments I support keeping the name 'Southeast Fresno Sports Complex' as it represents the diversity and unity of our entire community. Please do not rename this space after any individual. Let’s protect the name that represents all of Southeast Fresno — not just one person! Heidi Nakayama 8-11-2025 To Fresno City Leaders, Re: Southeast Fresno Sports Complex naming I have lived in the Sunnyside area for 28 years and have seen some disturbing changes. Sunnyside being in the Southeast area is a huge representation of the Southeast area. I am in favor of the new sports complex having a neutral non-controversial name of “Southeast Fresno Sports Complex. This represents a Sunnyside territory along with all the surrounding areas and nationalities in Fresno’s Southeast. Please consider using this name. Thank you for understanding, Debbie Christian-Sunnyside resident From: Subject:Southeast Fresno Sports Complex Date:Tuesday, August 12, 2025 3:18:05 PM External Email: Use caution with links and attachments Dear Councilmembers, The southeast Fresno area is such a diverse community. We were so pleased to hear our Councilman Brandon Vang’s proposal to name the new sports complex at Peach and Jensen avenues the Southeast Fresno Sports Complex. This name will help to make our family community all inclusive. We hope you will vote yes in supporting this new complex name. Thank you, Lonnie & Heidi English From: To: Subject:[BULK] New eComment for City Council on 2025-08-14 9:00 AM - Regular Meeting Date:Tuesday, August 12, 2025 8:33:40 PM External Email: Use caution with links and attachments City of FresnoNew eComment for City Council on 2025-08-149:00 AM - Regular Meeting M Y submitted a new eComment. Meeting: City Council on 2025-08-14 9:00 AM - Regular Meeting Item: 2.-R. ID 25-1074 ***RESOLUTION - Naming the 49-Acre Park at 2155 South Peach Ave. "Southeast Fresno Sports Complex" (Subject to Mayor's Veto) eComment: I don�€™t support calling the new 49-acre park at 2155 South Peach Avenue the �€œSoutheast Fresno Sports Complex�€ because it�€™s not even a sports complex �€” it�€™s a park. The name makes it sound like it�€™s only for sports when it�€™s really a space for the whole community. Something like �€œPeach Park�€ or �€œHeritage Harvest Park�€ would make way more sense and actually reflect what it is and where it�€™s at. View and Analyze eComments This email was sent from https://fresno.granicusideas.com. Unsubscribe from future mailings From: To: Subject:[BULK] New eComment for City Council on 2025-08-14 9:00 AM - Regular Meeting Date:Tuesday, August 12, 2025 11:39:00 PM External Email: Use caution with links and attachments City of FresnoNew eComment for City Council on 2025-08-149:00 AM - Regular Meeting Doua Vu submitted a new eComment. Meeting: City Council on 2025-08-14 9:00 AM - Regular Meeting Item: 2.-R. ID 25-1074 ***RESOLUTION - Naming the 49-Acre Park at 2155 South Peach Ave. "Southeast Fresno Sports Complex" (Subject to Mayor's Veto) eComment: I am writing to express my strong support for officially naming the new 49-acre park Southeast Fresno Sports Complex. As a long-time Fresno resident committed to the growth and well-being of our community, I believe this name clearly reflects the park�€™s purpose, location, and promise for the future. The proposed name is straightforward and descriptive, immediately communicating to residents and visitors alike that this is a premier athletic facility serving Southeast Fresno. I am especially excited about the planned addition of a state-of-the- art gymnasium. This will provide much-needed indoor space to complement the outdoor fields and amenities, making the complex a year-round destination for sports, fitness, and community gatherings. Please consider adding volleyball courts in the development to expand recreational options. I also appreciate the Councilmember and the City�€™s decision to reserve the naming of future amenities for individuals. This thoughtful approach allows the park to honor Southeast Fresno�€™s diversity and history while keeping the overall name inclusive and representative of the whole community. Thank you for your time and consideration to expanding Fresno�€™s recreational opportunities. I look forward to seeing the final park come to life as a vibrant hub for sports and community connection and respectfully urge you to approve naming this vital community asset the Southeast Fresno Sports Complex. View and Analyze eComments This email was sent from https://fresno.granicusideas.com. Unsubscribe from future mailings From: To: Subject:SE Park Complex Date:Tuesday, August 12, 2025 5:02:11 PM External Email: Use caution with links and attachments Dear City Clerk I am writing to you to show you that I fully support the naming of the 49-acre park "Southeast Fresno Sports Complex," because this name is an accurate description of the multiple facilities that will be built. This name is inclusive, and it reflects the diversity of Southeast Fresno, so anyone who wants to use it feels welcome. Still, there will be opportunities to name sports amenities once they're built out. Additionally, I asked the council members and mayor to find funds to build the proposed gymnasium, because we do not have an indoor sports facility in Southeast Fresno. It will be greatly used during the hot summer months. I urge the council to VOTE YES on agenda item 2-R, on Thursday, 8/14/2025. Thank you for your time. Jaib Muhar Resident of SE Fresno From: To: Subject:Southeast Fresno Park Date:Tuesday, August 12, 2025 6:06:25 PM External Email: Use caution with links and attachments Dear City Clerk I am writing to you to show you that I fully support the naming of the 49-acre park "Southeast Fresno Sports Complex," because this name is an accurate description of the multiple facilities that will be built. This name is inclusive, and it reflects the diversity of Southeast Fresno, so anyone who wants to use it feels welcome. Still, there will be opportunities to name sports amenities once they're built out. Additionally, I asked the council members and mayor to find funds to build the proposed gymnasium, because we do not have an indoor sports facility in Southeast Fresno. It will be greatly used during the hot summer months. I urge the council to VOTE YES on agenda item 2-R, on Thursday, 8/14/2025. Thanks, Rajdeep Muhar Sent from Yahoo Mail for iPhone From: To: Subject:(8/14/2025) 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex Date:Tuesday, August 12, 2025 9:17:56 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident who cares deeply about the growth and well-being of our community, I believe this name is an ideal reflection of the park’s potential and purpose. First, the name "Southeast Fresno Sports Complex" clearly communicates the park's location and function, designating it as a premier athletic facility for the Southeast Fresno region. This name aligns with the long-term vision for the park, ensuring residents and visitors easily understand the recreational opportunities available. Second, I am particularly excited about the park’s future expansion, including the planned state-of-the-art gymnasium. This addition will provide valuable indoor recreational space, complementing the outdoor fields and amenities. It demonstrates a thoughtful approach to community development, addressing a variety of needs and offering opportunities for a wide range of activities. Finally, I commend the City Council’s decision to allow future amenities within the complex to be named after individuals. This approach fosters a sense of inclusion and community ownership, ensuring that the park can honor the diverse cultures and history of Southeast Fresno in a respectful and equitable way. Thank you for your time and consideration. I urge you to support naming this important community asset the "Southeast Fresno Sports Complex." Sincerely, Tommy Herr From: Subject:Public Comment in Support for City Council Item 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex" Date:Tuesday, August 12, 2025 10:19:02 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Tina Lo From: To: Subject:Public Comment in Support for City Council Item 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex" Date:Tuesday, August 12, 2025 10:21:30 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Pa Nhia Lee From: To:C Subject:2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex" - 8/14/2025 Date:Tuesday, August 12, 2025 10:23:08 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, P.X. From: To: Subject:Public Comment in Support for City Council Item 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex" Date:Tuesday, August 12, 2025 10:26:02 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Shirley Yang . Clovis, CA 93611 Sent from my Verizon, Samsung Galaxy smartphone From: To: Subject:Public Comment in Support for City Council Item 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex" Date:Tuesday, August 12, 2025 10:26:40 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Erin K. Sent from Yahoo Mail for iPhone From: To: Subject:Public Comment in Support for City Council Item 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex" Date:Tuesday, August 12, 2025 10:27:32 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, William Keodara Clovis, CA 93611 From: To: Subject:Public Comment in Support for City Council Item 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex" Date:Tuesday, August 12, 2025 10:28:34 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Kassidy Cha of Fresno 93727 From: To: Subject:Southeast Fresno Sports Complex Date:Tuesday, August 12, 2025 10:29:43 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Der Xiong Co From: To: Date:Tuesday, August 12, 2025 10:34:24 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Kalia Lee From: To: Date:Tuesday, August 12, 2025 10:45:45 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident who cares deeply about the growth and well-being of our community, I believe this name is an ideal reflection of the park’s potential and purpose. First, the name "Southeast Fresno Sports Complex" clearly communicates the park's location and function, designating it as a premier athletic facility for the Southeast Fresno region. This name aligns with the long-term vision for the park, ensuring residents and visitors easily understand the recreational opportunities available. Second, I am particularly excited about the park’s future expansion, including the planned state-of-the-art gymnasium. This addition will provide valuable indoor recreational space, complementing the outdoor fields and amenities. It demonstrates a thoughtful approach to community development, addressing a variety of needs and offering opportunities for a wide range of activities. Finally, I commend the City Council’s decision to allow future amenities within the complex to be named after individuals. This approach fosters a sense of inclusion and community ownership, ensuring that the park can honor the diverse cultures and history of Southeast Fresno in a respectful and equitable way. Thank you for your time and consideration. I urge you to support naming this important community asset the "Southeast Fresno Sports Complex." Sincerely, Sunshine Chang From: To: Subject:Sports Complex Date:Tuesday, August 12, 2025 10:53:12 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Iaboo Xaochay Fresno, Ca 93702 From: To: Date:Tuesday, August 12, 2025 10:53:33 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Kou Lee From: To: Date:Tuesday, August 12, 2025 10:55:09 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Kaitlyn Mouanoutoua From: To: Subject:Southeast Park Name Date:Tuesday, August 12, 2025 11:03:21 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Shaun V From: To: Subject:Southeast Park Name Date:Tuesday, August 12, 2025 11:05:43 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident who cares deeply about the growth and well-being of our community, I believe this name is an ideal reflection of the park’s potential and purpose. First, the name "Southeast Fresno Sports Complex" clearly communicates the park's location and function, designating it as a premier athletic facility for the Southeast Fresno region. This name aligns with the long-term vision for the park, ensuring residents and visitors easily understand the recreational opportunities available. Second, I am particularly excited about the park’s future expansion, including the planned state-of-the-art gymnasium. This addition will provide valuable indoor recreational space, complementing the outdoor fields and amenities. It demonstrates a thoughtful approach to community development, addressing a variety of needs and offering opportunities for a wide range of activities. Finally, I commend the City Council’s decision to allow future amenities within the complex to be named after individuals. This approach fosters a sense of inclusion and community ownership, ensuring that the park can honor the diverse cultures and history of Southeast Fresno in a respectful and equitable way. Thank you for your time and consideration. I urge you to support naming this important community asset the "Southeast Fresno Sports Complex." Sincerely, Chia Vang From: To: Subject:South East park Date:Tuesday, August 12, 2025 11:06:42 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Porchoua Vang Sent from my iPhone From: To: Subject:Southeast Park Date:Tuesday, August 12, 2025 11:08:11 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident who cares deeply about the growth and well-being of our community, I believe this name is an ideal reflection of the park’s potential and purpose. First, the name "Southeast Fresno Sports Complex" clearly communicates the park's location and function, designating it as a premier athletic facility for the Southeast Fresno region. This name aligns with the long-term vision for the park, ensuring residents and visitors easily understand the recreational opportunities available. Second, I am particularly excited about the park’s future expansion, including the planned state-of-the-art gymnasium. This addition will provide valuable indoor recreational space, complementing the outdoor fields and amenities. It demonstrates a thoughtful approach to community development, addressing a variety of needs and offering opportunities for a wide range of activities. Finally, I commend the City Council’s decision to allow future amenities within the complex to be named after individuals. This approach fosters a sense of inclusion and community ownership, ensuring that the park can honor the diverse cultures and history of Southeast Fresno in a respectful and equitable way. Thank you for your time and consideration. I urge you to support naming this important community asset the "Southeast Fresno Sports Complex." Sincerely, Shawn V From: To: Date:Tuesday, August 12, 2025 11:10:41 PM External Email: Use caution with links and attachments From: To: Subject:Southeast Fresno sports complex Date:Tuesday, August 12, 2025 11:13:34 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Coua Yang Sent from my iPhone From: To: Subject:Park Name Date:Tuesday, August 12, 2025 11:13:51 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the- art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." From: To: Subject:Southeast Fresno sports complex Date:Tuesday, August 12, 2025 11:14:47 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Na Vang Sent from my iPhone From: To: Subject:southeast park Date:Tuesday, August 12, 2025 11:15:19 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, MV From: To: Subject:Southeast Fresno sports complex Date:Tuesday, August 12, 2025 11:16:39 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long- term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the- art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, C Yang Get Outlook for iOS From: To: Date:Tuesday, August 12, 2025 11:18:11 PM Attachments:Dear Esteemed City Council Members, Mayor, and External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Vang Her From: To: Date:Tuesday, August 12, 2025 11:19:02 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Thai Vue From: To: Subject:Southeast Fresno Date:Tuesday, August 12, 2025 11:21:48 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long- term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the- art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, tracy Get Outlook for From: To: Subject:Southeast Fresno Date:Tuesday, August 12, 2025 11:22:15 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long- term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the- art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Fresno county resident Get Outlook for BCS Get Outlook for From: To: Date:Tuesday, August 12, 2025 11:24:40 PM Attachments:Dear Esteemed City Council Members, External Email: Use caution with links and attachments Sent via the Samsung Galaxy S22 Ultra 5G, an AT&T 5G smartphone Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Lee Vang From: Subject:Southeast park name Date:Tuesday, August 12, 2025 11:31:23 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, N.V. From: To: Subject:Public Comment in Support for City Council Item 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex" Date:Tuesday, August 12, 2025 11:31:30 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Gregory Rivera Sent from my Galaxy From: To: Date:Tuesday, August 12, 2025 11:33:49 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward- looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Phong Vang From: To: Subject:Southeast Fresno Sports Complex Date:Tuesday, August 12, 2025 11:46:03 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Kee Vang From: To: Subject:Supporting new park name Date:Tuesday, August 12, 2025 11:47:52 PM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Michael yang From: To: Subject:New park infrastructure name: Southeast Fresno Sports Complex Date:Wednesday, August 13, 2025 12:05:51 AM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Jeremiah Vang From: To: Subject:Public Comment in Support for City Council Item 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex" Date:Wednesday, August 13, 2025 12:11:33 AM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Anna Xiong From: To: Subject:Agenda Date 8/14/2025 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex Date:Wednesday, August 13, 2025 12:11:51 AM External Email: Use caution with links and attachments Agenda Date 8/14/2025 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex I Support Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the- art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Levi Thao From: To: Subject:Public Comment in Support for City Council Item 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex" Date:Wednesday, August 13, 2025 12:14:53 AM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Peter Vang From: To: Subject:Public Comment in Support for City Council Item 2-R "Naming the 49-Acre Park: Southeast Fresno Sports Complex" Date:Wednesday, August 13, 2025 12:28:39 AM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Je Vang From: To: Subject:Southeast Fresno Sports Complex Date:Wednesday, August 13, 2025 4:56:13 AM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Tony Xiong From: To: Subject:Southeast Fresno Sport Complex Date:Wednesday, August 13, 2025 6:02:14 AM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of- the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Cher Chang From: To: Date:Wednesday, August 13, 2025 6:07:01 AM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident who cares deeply about the growth and well-being of our community, I believe this name is an ideal reflection of the park’s potential and purpose. First, the name "Southeast Fresno Sports Complex" clearly communicates the park's location and function, designating it as a premier athletic facility for the Southeast Fresno region. This name aligns with the long-term vision for the park, ensuring residents and visitors easily understand the recreational opportunities available. Second, I am particularly excited about the park’s future expansion, including the planned state-of-the-art gymnasium. This addition will provide valuable indoor recreational space, complementing the outdoor fields and amenities. It demonstrates a thoughtful approach to community development, addressing a variety of needs and offering opportunities for a wide range of activities. Finally, I commend the City Council’s decision to allow future amenities within the complex to be named after individuals. This approach fosters a sense of inclusion and community ownership, ensuring that the park can honor the diverse cultures and history of Southeast Fresno in a respectful and equitable way. Thank you for your time and consideration. I urge you to support naming this important community asset the "Southeast Fresno Sports Complex." Sincerely, Bao Les From: To: Date:Wednesday, August 13, 2025 6:47:28 AM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Kou Thao From: To: Date:Wednesday, August 13, 2025 7:15:37 AM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well- being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build- out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Vang Thao From: To: Subject:Recommendations Date:Wednesday, August 13, 2025 7:45:15 AM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long-term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the-art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Best, Murphy Moua From: To: Subject:Southeast Fresno Sports Complex Date:Wednesday, August 13, 2025 7:53:35 AM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident deeply invested in the growth and well-being of our community, I believe this name accurately reflects the incredible potential and purpose of this significant development. Firstly, the proposed name, "Southeast Fresno Sports Complex," precisely communicates to the public the nature and location of the park. It clearly defines it as a premier athletic facility for the Southeast Fresno region, aligning perfectly with the long- term vision for its full build-out. This clarity will serve our community well, ensuring residents and visitors immediately understand the comprehensive recreational opportunities available. Secondly, I am particularly enthusiastic about the future incorporation of a state-of-the- art gymnasium within the complex. This addition will undoubtedly elevate the park's utility, providing much-needed indoor recreational space and complementing the outdoor fields and amenities. It speaks to a thoughtful, forward-looking approach to community development that addresses a wide range of needs. Finally, I deeply appreciate the Councilmember and the City's thoughtful decision to allow future amenities within the complex to be named after individuals. This wise approach ensures that the park can authentically represent the rich diversity of Southeast Fresno, allowing various groups and historical figures to be honored without prioritizing one over another in the overarching name. It fosters a sense of unity and broad community ownership. Thank you for your time, consideration, and dedication to enhancing our city's recreational infrastructure. I urge you to vote in favor of naming this vital community asset the "Southeast Fresno Sports Complex." Sincerely, Joshua Chang From: To: Subject:Agenda Item 2-R – Southeast Fresno Sports Complex (8/14/2025) Date:Wednesday, August 13, 2025 8:00:42 AM External Email: Use caution with links and attachments Dear Esteemed City Council Members, Mayor, and City Manager, I am writing to express my strong support for officially naming the new 49-acre park the "Southeast Fresno Sports Complex." As a resident who cares deeply about the growth and well-being of our community, I believe this name is an ideal reflection of the park’s potential and purpose. First, the name "Southeast Fresno Sports Complex" clearly communicates the park's location and function, designating it as a premier athletic facility for the Southeast Fresno region. This name aligns with the long-term vision for the park, ensuring residents and visitors easily understand the recreational opportunities available. Second, I am particularly excited about the park’s future expansion, including the planned state-of-the-art gymnasium. This addition will provide valuable indoor recreational space, complementing the outdoor fields and amenities. It demonstrates a thoughtful approach to community development, addressing a variety of needs and offering opportunities for a wide range of activities. Finally, I commend the City Council’s decision to allow future amenities within the complex to be named after individuals. This approach fosters a sense of inclusion and community ownership, ensuring that the park can honor the diverse cultures and history of Southeast Fresno in a respectful and equitable way. Thank you for your time and consideration. I look forward to the hearing on 8/14/2025 and urge you to support agenda item number 2-R. Naming this important community asset the "Southeast Fresno Sports Complex." In solidarity for our community, Kayla Thor From: To: Subject:Southeast Sports Complex Date:Wednesday, August 13, 2025 10:06:26 AM External Email: Use caution with links and attachments Council Members, I support naming the 49-acre park “Southeast Fresno Sports Complex,” as it accurately describes the multiple facilities planned and reflects the diversity of our community, making it welcoming for all. Additional sports amenities can be named once built, this can honor our community leaders and show how we all can come together to create one great park! I also urged the council and Mayor to fund the proposed gymnasium, as Southeast Fresno lacks an indoor sports facility, which would be especially valuable during the hot summer months. For instance, Volleyball and basketball are two very popular sports that can benefit from this; they must not be excluded from the park. I urge the council to VOTE "YES" on agenda item 2-R, on Thursday, 8/14,2025 Thank you From: To: Subject:Southeast Fresno Sports Complex Date:Wednesday, August 13, 2025 10:08:52 AM External Email: Use caution with links and attachments Council Members, I support naming the 49-acre park “Southeast Fresno Sports Complex,” as it accurately describes the multiple facilities planned and reflects the diversity of our community, making it welcoming for all. Additional sports amenities can be named once built, this can honor our community leaders and show how we all can come together to create one great park! I also urged the council and Mayor to fund the proposed gymnasium, as Southeast Fresno lacks an indoor sports facility, which would be especially valuable during the hot summer months. For instance, Volleyball and basketball are two very popular sports that can benefit from this; they must not be excluded from the park. I urge the council to VOTE "YES" on agenda item 2-R, on Thursday, 8/14,2025 Thank you From: To: Subject:Southeast Sports Complex Date:Wednesday, August 13, 2025 10:09:58 AM External Email: Use caution with links and attachments Council Members, I support naming the 49-acre park “Southeast Fresno Sports Complex,” as it accurately describes the multiple facilities planned and reflects the diversity of our community, making it welcoming for all. Additional sports amenities can be named once built, this can honor our community leaders and show how we all can come together to create one great park! I also urged the council and Mayor to fund the proposed gymnasium, as Southeast Fresno lacks an indoor sports facility, which would be especially valuable during the hot summer months. For instance, Volleyball and basketball are two very popular sports that can benefit from this; they must not be excluded from the park. I urge the council to VOTE "YES" on agenda item 2-R, on Thursday, 8/14,2025 Thank you From: To: Subject:Southeast Fresno Sports Complex Date:Wednesday, August 13, 2025 10:12:04 AM External Email: Use caution with links and attachments Council Members, I support naming the 49-acre park “Southeast Fresno Sports Complex,” as it accurately describes the multiple facilities planned and reflects the diversity of our community, making it welcoming for all. Additional sports amenities can be named once built, this can honor our community leaders and show how we all can come together to create one great park! I also urged the council and Mayor to fund the proposed gymnasium, as Southeast Fresno lacks an indoor sports facility, which would be especially valuable during the hot summer months. For instance, Volleyball and basketball are two very popular sports that can benefit from this; they must not be excluded from the park. I urge the council to VOTE "YES" on agenda item 2-R, on Thursday, 8/14,2025 Thank you Yahoo Mail: Search, From: To: Subject:Southeast Fresno Park Date:Wednesday, August 13, 2025 10:45:14 AM External Email: Use caution with links and attachments Hi there Council Members, I support naming the 49-acre park “Southeast Fresno Sports Complex,” as it accurately describes the multiple facilities planned and reflects the diversity of our community, making it welcoming for all. Additional sports amenities can be named once built, this can honor our community leaders and show how we all can come together to create one great park! I also urged the council and mayor to fund the proposed gymnasium, as Southeast Fresno lacks an indoor sports facility, which would be especially valuable during the hot summer months. For instance, Volleyball and basketball are two very popular sports that can benefit from this; they must not be excluded from the park. I urge the council to VOTE YES on agenda item 2-R, on Thursday, 8/14/2025 Thank you From: To: Subject:Vote Yes on 2-R Date:Wednesday, August 13, 2025 10:51:34 AM External Email: Use caution with links and attachments Council Members, I support naming the 49-acre park “Southeast Fresno Sports Complex,” as it accurately describes the multiple facilities planned and reflects the diversity of our community, making it welcoming for all. Additional sports amenities can be named once built, this can honor our community leaders and show how we all can come together to create one great park! I also urged the council and Mayor to fund the proposed gymnasium, as Southeast Fresno lacks an indoor sports facility, which would be especially valuable during the hot summer months. For instance, Volleyball and basketball are two very popular sports that can benefit from this; they must not be excluded from the park. I urge the council to VOTE "YES" on agenda item 2-R, on Thursday, 8/14,2025 Thank you From: To: Subject:Southeast Fresno Sports Complex Date:Wednesday, August 13, 2025 10:54:23 AM External Email: Use caution with links and attachments Hi there Council Members, I support naming the 49-acre park “Southeast Fresno Sports Complex,” as it accurately describes the multiple facilities planned and reflects the diversity of our community, making it welcoming for all. Additional sports amenities can be named once built, this can honor our community leaders and show how we all can come together to create one great park! I also urged the council and mayor to fund the proposed gymnasium, as Southeast Fresno lacks an indoor sports facility, which would be especially valuable during the hot summer months. For instance, Volleyball and basketball are two very popular sports that can benefit from this; they must not be excluded from the park. I urge the council to VOTE YES on agenda item 2-R, on Thursday, 8/14,2025 Thank you From: Subject:Southeast Fresno Sports Complex Date:Wednesday, August 13, 2025 11:19:16 AM External Email: Use caution with links and attachments Hi There Council Members, I support naming the 49-acre park “Southeast Fresno Sports Complex,” as it accurately describes the multiple facilities planned and reflects the diversity of our community, making it welcoming for all. Additional sports amenities can be named once built, this can honor our community leaders and show how we all can come together to create one great park! I also urged the council and mayor to fund the proposed gymnasium, as Southeast Fresno lacks an indoor sports facility, which would be especially valuable during the hot summer months. For instance, Volleyball and basketball are two very popular sports that can benefit from this; they must not be excluded from the park. I urge the council to VOTE YES on agenda item 2-R, on Thursday, 8/14,2025 Thank you From: To: Subject:Southeast Fresno Sports Complex Date:Wednesday, August 13, 2025 11:33:31 AM External Email: Use caution with links and attachments Hi there Council Members, I support naming the 49-acre park “Southeast Fresno Sports Complex,” as it accurately describes the multiple facilities planned and reflects the diversity of our community, making it welcoming for all. Additional sports amenities can be named once built, this can honor our community leaders and show how we all can come together to create one great park! I also urged the council and mayor to fund the proposed gymnasium, as Southeast Fresno lacks an indoor sports facility, which would be especially valuable during the hot summer months. For instance, Volleyball and basketball are two very popular sports that can benefit from this; they must not be excluded from the park. I urge the council to VOTE YES on agenda item 2-R, on Thursday, 8/14,2025 Thank you From: To: Subject:[BULK] New eComment for City Council on 2025-08-14 9:00 AM - Regular Meeting Date:Monday, August 11, 2025 12:08:50 PM External Email: Use caution with links and attachments City of FresnoNew eComment for City Council on 2025-08-149:00 AM - Regular Meeting Nicolette dentoni submitted a new eComment. Meeting: City Council on 2025-08-14 9:00 AM - Regular Meeting Item: 2.-R. ID 25-1074 ***RESOLUTION - Naming the 49-Acre Park at 2155 South Peach Ave. "Southeast Fresno Sports Complex" (Subject to Mayor's Veto) eComment: This is an uninspired and clinical name for a park that is meant to become a staple of our community. The "sports complex" part of the name serves to describe a portion of the Facility. However, it doesnt represent other aspects (dog park, community garden, playground, splash pad, picnic areas, etc). Naming it a "sports complex" in title is a disservice to the community in that it obscures the other amenities offered to the community. Additionally, naming it an uninspired name like "Southeast Fresno" does not promote name recognition of the park and does not promote the joy that this park will bring to the community. Any of the polled options (Peach Park, Seed and Stone Park, Heritage Harvest Park, etc) would be lovely names for this community park. As it is currently proposed, the park name is a cold, bland misnomer that would be hard to direct interest to by name alone. Southeast Fresno deserves nice, attractive amenities--even in name. View and Analyze eComments This email was sent from https://fresno.granicusideas.com. Unsubscribe from future mailings From: To: Subject:[BULK] New eComment for City Council on 2025-08-14 9:00 AM - Regular Meeting Date:Monday, August 11, 2025 4:23:36 PM External Email: Use caution with links and attachments City of FresnoNew eComment for City Council on 2025-08-149:00 AM - Regular Meeting Bre V submitted a new eComment. Meeting: City Council on 2025-08-14 9:00 AM - Regular Meeting Item: 2.-R. ID 25-1074 ***RESOLUTION - Naming the 49-Acre Park at 2155 South Peach Ave. "Southeast Fresno Sports Complex" (Subject to Mayor's Veto) eComment: I visit this neighborhood often and have friends who live in the area. Wonderful park, so glad to see more recreation areas in Fresno! But this name doesn�€™t lend any prestige to this center, and doesn�€™t align with the wishes of local residents. A survey was taken on potential name option, why should the park not be named by the community? View and Analyze eComments This email was sent from https://fresno.granicusideas.com. Unsubscribe from future mailings From: To: Subject:[BULK] New eComment for City Council on 2025-08-14 9:00 AM - Regular Meeting Date:Tuesday, August 12, 2025 6:16:40 PM External Email: Use caution with links and attachments City of FresnoNew eComment for City Council on 2025-08-149:00 AM - Regular Meeting Say Yang submitted a new eComment. Meeting: City Council on 2025-08-14 9:00 AM - Regular Meeting Item: 2.-R. ID 25-1074 ***RESOLUTION - Naming the 49-Acre Park at 2155 South Peach Ave. "Southeast Fresno Sports Complex" (Subject to Mayor's Veto) eComment: We would love to have a sports complex in our neighborhood. We don�€™t have parks in South East Fresno. I hope it includes a gymnasium. Also, I would love to suggest names for the park. View and Analyze eComments This email was sent from https://fresno.granicusideas.com. Unsubscribe from future mailings From: To: Subject:[BULK] New eComment for City Council on 2025-08-14 9:00 AM - Regular Meeting Date:Tuesday, August 12, 2025 9:14:25 PM External Email: Use caution with links and attachments City of FresnoNew eComment for City Council on 2025-08-149:00 AM - Regular Meeting Tammy Vang submitted a new eComment. Meeting: City Council on 2025-08-14 9:00 AM - Regular Meeting Item: 2.-R. ID 25-1074 ***RESOLUTION - Naming the 49-Acre Park at 2155 South Peach Ave. "Southeast Fresno Sports Complex" (Subject to Mayor's Veto) eComment: Dear City Council Members, Mayor, and City Manager, I strongly oppose naming the new 49-acre park �€œSoutheast Fresno Sports Complex.�€ This name disregards the hundreds of community members who participated in the February 2025 online poll that sought to honor the land�€™s agricultural heritage. While the proposed name is descriptive, it ignores public input and the original goal of reflecting the area�€™s history and community identity, and it�€™s a missed opportunity to honor significant leaders and stories connected to Southeast Fresno. Choosing a name outside the community�€™s top choices undermines trust in the engagement process and shows disinterest for community voices. I urge the Council to vote NO on this name and to choose one that reflects the values and voices of Southeast Fresno residents. Sincerely, Tammy Vang View and Analyze eComments This email was sent from https://fresno.granicusideas.com. Unsubscribe from future mailings From: To: Subject:[BULK] New eComment for City Council on 2025-08-14 9:00 AM - Regular Meeting Date:Tuesday, August 12, 2025 9:44:26 PM External Email: Use caution with links and attachments City of FresnoNew eComment for City Council on 2025-08-149:00 AM - Regular Meeting Katie Moua submitted a new eComment. Meeting: City Council on 2025-08-14 9:00 AM - Regular Meeting Item: 2.-R. ID 25-1074 ***RESOLUTION - Naming the 49-Acre Park at 2155 South Peach Ave. "Southeast Fresno Sports Complex" (Subject to Mayor's Veto) eComment: Dear City Council Members, Mayor, and City Manager, I strongly oppose naming the new 49-acre park �€œSoutheast Fresno Sports Complex.�€ This name disregards the hundreds of community members who participated in the February 2025 online poll that sought to honor the land�€™s agricultural heritage. While the proposed name is descriptive, it ignores public input and the original goal of reflecting the area�€™s history, community identity and it�€™s a missed opportunity to honor significant leaders and stories connected to Southeast Fresno. Choosing a name that includes community voices is an opportunity for the council to acknowledge community members and what would support them in feeling confidence and belonging to this new pubic space. This is an opportunity for us to honor and uplift the important stories and leaders in the Southeast Fresno area and to have a name that either reflects the land or the stories that belong to this part of Fresno. A name can be simple, but I've seen so many comments from online and it goes to show that the name of this park means a lot to our community. Names create visibility and empowerment. It's a way for the city council to say yall see us, hear us and care for our us. I urge the Council to vote NO on this name and to choose one through a process that reflects the values and voices of Southeast Fresno residents. View and Analyze eComments This email was sent from https://fresno.granicusideas.com. Unsubscribe from future mailings From: To: Subject:[BULK] New eComment for City Council on 2025-08-14 9:00 AM - Regular Meeting Date:Tuesday, August 12, 2025 9:53:34 PM External Email: Use caution with links and attachments City of FresnoNew eComment for City Council on 2025-08-149:00 AM - Regular Meeting Kassandra Yang submitted a new eComment. Meeting: City Council on 2025-08-14 9:00 AM - Regular Meeting Item: 2.-R. ID 25-1074 ***RESOLUTION - Naming the 49-Acre Park at 2155 South Peach Ave. "Southeast Fresno Sports Complex" (Subject to Mayor's Veto) eComment: I just think the name should be more meaningful in a way where it calls out everyone in the community and it's history. View and Analyze eComments This email was sent from https://fresno.granicusideas.com. Unsubscribe from future mailings From: To: Subject:[BULK] New eComment for City Council on 2025-08-14 9:00 AM - Regular Meeting Date:Wednesday, August 13, 2025 12:12:47 AM External Email: Use caution with links and attachments City of FresnoNew eComment for City Council on 2025-08-149:00 AM - Regular Meeting Kristina Xiong submitted a new eComment. Meeting: City Council on 2025-08-14 9:00 AM - Regular Meeting Item: 2.-R. ID 25-1074 ***RESOLUTION - Naming the 49-Acre Park at 2155 South Peach Ave. "Southeast Fresno Sports Complex" (Subject to Mayor's Veto) eComment: I strongly oppose to this being the name of 49-Acre Park as this name disregards the community who participated in the online poll which means that the publics' choice was completely ignored. View and Analyze eComments This email was sent from https://fresno.granicusideas.com. Unsubscribe from future mailings From: To: Subject:[BULK] New eComment for City Council on 2025-08-14 9:00 AM - Regular Meeting Date:Wednesday, August 13, 2025 7:43:55 AM External Email: Use caution with links and attachments City of FresnoNew eComment for City Council on 2025-08-149:00 AM - Regular Meeting Mysee Xiong submitted a new eComment. Meeting: City Council on 2025-08-14 9:00 AM - Regular Meeting Item: 2.-R. ID 25-1074 ***RESOLUTION - Naming the 49-Acre Park at 2155 South Peach Ave. "Southeast Fresno Sports Complex" (Subject to Mayor's Veto) eComment: Dear City Council Members, Mayor, and City Manager, I strongly oppose naming the new 49-acre park �€œSoutheast Fresno Sports Complex.�€ This name disregards the hundreds of community members who participated in the February 2025 online poll that sought to honor the land�€™s agricultural heritage. While the proposed name is descriptive, it ignores public input and the original goal of reflecting the area�€™s history and community identity, and it�€™s a missed opportunity to honor significant leaders and stories connected to Southeast Fresno. Choosing a name outside the community�€™s top choices undermines trust in the engagement process and shows disinterest for community voices. It is important that the council chooses a name that includes community input to build connection, a sense of belonging, and encourages civic engagement. I urge the Council to vote NO on this name and to choose one that reflects the values and voices of Southeast Fresno residents. View and Analyze eComments This email was sent from https://fresno.granicusideas.com. Unsubscribe from future mailings 1 of 2 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO CONDUCT A FEE ANALYSIS DETAILING THE COSTS ASSOCIATED WITH ADMINISTERING AND ENFORCING A PROPOSED TOBACCO RETAIL LICENSE PROGRAM AND TO RECOMMEND ASSOCIATED FEES FOR ADOPTION BY THE CITY COUNCIL WHEREAS, the City of Fresno has a substantial interest in promoting compliance with federal, state and local laws intended to regulate tobacco sales and use to minors; and WHEREAS, the City is exploring options to establish a Tobacco Retail License Program to ensure uniformity in its licensing procedures and to ensure consistency with state law; and WHEREAS, the California Constitution, Article XI, Section 7, grants cities police power to engage in regulatory activities for which they may charge a fee for reimbursement of costs; and WHEREAS, in connection with the development of a new Tobacco Retail License program, the City desires to analyze the anticipated costs for administering and enforcing such a program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The City shall take all steps necessary to analyze the anticipated costs of administering and enforcing any proposed Tobacco Retail License program. 2 of 2 2. The City Manager is directed to report to the City Council within 45 days with a fee analysis detailing the anticipated costs associated with adopting any proposed Tobacco Retail License program and a recommendation for the adoption of associated fees. 3. This resolution shall be effective upon final approval. * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2025. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2025 Mayor Approval/No Return: , 2025 Mayor Veto: , 2025 Council Override Vote: , 2025 TODD STERMER, MMC City Clerk By: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Senior Deputy City Attorney From: To: Subject:[BULK] New eComment for City Council on 2025-06-12 9:00 AM - Regular Meeting Date:Wednesday, June 11, 2025 12:21:36 AM External Email: Use caution with links and attachments City of FresnoNew eComment for City Council on 2025-06-129:00 AM - Regular Meeting Mike Martinez submitted a new eComment. Meeting: City Council on 2025-06-12 9:00 AM - Regular Meeting Item: 2.-XX. ID 25-743 ***RESOLUTION - Directing the City Manager to take all Steps Necessary to Conduct a Fee Analysis Detailing the Costs Associated with Administering and Enforcing a Proposed Tobacco Retail License Program and to Recommend Associated Fees for Adoption by the City Council (Subject to Mayor's Veto) eComment: Good stuff here! Why is Esperanza the only council man to take a stand for health? Every council should be supporting getting rid of tobacco. I live by Holland Elementary and the kids smoke and vape. I dont know what a tobacco retail license is but it sounds good for Fresno. View and Analyze eComments This email was sent from https://fresno.granicusideas.com. Unsubscribe from future mailings 1 Uptown Site Plan 6 Thank you Mayor, Council and Staff 14