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Home My WebLink About2014-12-04 Council Agenda PacketThursday, December 4, 2014 8:30 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Meeting Agenda - Final Regular Session December 4, 2014City Council Meeting Agenda - Final The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify the Office of the City Clerk at 559-621-7650 at least three business days prior to the meeting. Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, contact Security. The City Council welcomes you to the Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno CA 93721. The agenda and related staff reports are available on (www.fresno.gov) as well as in the Office of the City Clerk. The Council meeting can also be heard live at the same web site address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from 8:30 a.m. and re-played beginning at 8:00 p.m. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. No documents shall be accepted for Council review unless they are submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Following is a general schedule of items for Council consideration and action. The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called. AGENDA ITEMS MARKED WITH AN ASTERISK (***) ARE SUBJECT TO MAYORAL VETO OR RECONSIDERATION Page 2 City of Fresno ***Subject to Mayoral Veto December 4, 2014City Council Meeting Agenda - Final 8:30 A.M. ROLL CALL Invocation by Pastor Sandy Brown of the New Covenant Community Church Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS Presentation of the SPCA Pet of the MonthID#14-634 Sponsors:Vice President Caprioglio Recognizing 2014 Make a Difference Day Sponsors and Volunteers ID#14-598 Sponsors:Council President Brandau and Council Member Xiong APPROVE MINUTES Approve City Council minutes of November 20, 2014 Approve Successor Agency minutes of November 20, 2014 Approve the November 18, 2014 minutes of the Joint Meeting with the City of Clovis COUNCILMEMBER REPORTS AND COMMENTS APPROVE AGENDA 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. RESOLUTION - Rescinding Resolution 2006-472 and removing UUD FRE-87 from the current Three Year Plan (Council District 3) ID#14-5381-A Sponsors:Public Works Department Page 3 City of Fresno ***Subject to Mayoral Veto December 4, 2014City Council Meeting Agenda - Final Authorize staff to request an extension of time for unspent grant funds for the following projects: a.Shields Avenue Wireless Intelligent Transportation Systems (ITS) between West Avenue and Chestnut Avenue (CML 5060(201)) b.ITS Friant Road-Nees Avenue-Palm Avenue Project (CML 5060(200)) c.Traffic Signal at Peach Avenue and Church Avenue intersection (SR2SL-5060(222) (Council Districts 1, 2, 4, 5, 6, 7) ID#14-6101-B Sponsors:Public Works Department Approve the acquisition of temporary construction easement from Frances M. Ricchiuti and Patrick V. Ricchiuti for APN 581-040-02S ID#14-6181-C Sponsors:Department of Public Utilities Approve the acquisition of permanent pipeline right-of-way easements and temporary construction easements from Thelma Becker and Knox Blasingame for APN 581-010-14 and APN 581-010-15 ID#14-6191-D Sponsors:Department of Public Utilities Actions pertaining to the sale of excess property on Santa Fe Avenue between Mono Street and Inyo Street: 1.Adopt a finding of a categorical exemption pursuant to class 1/15301(c) (existing facilities) of CEQA Guidelines 2.Authorize the City Manager or designee to execute a grant deed for the sale of excess property in the amount of $326,800.00 to Baltara Enterprises LP located on Santa Fe Avenue between Mono Street and Inyo Street APN 468-167- 01T ID#14-6211-E Sponsors:Public Works Department Consideration of approval of Measure “C” Cooperative Agreement for the Herndon Avenue westbound widening from Brawley Avenue to Blythe Avenue (Council District 2) ID#14-6301-F Sponsors:Public Works Department Page 4 City of Fresno ***Subject to Mayoral Veto December 4, 2014City Council Meeting Agenda - Final Actions pertaining to a sale of a portion of excess property in the San Joaquin River bottom just east of Fig Garden Golf Course: 1. Adopt a finding of a categorical exemption pursuant to Class 1, Section 15301(c) (existing facilities) of the California Environmental Quality Act (“CEQA”) Guidelines 2. Authorize the City Manager or designee to execute a grant deed for the sale of a portion of excess property in the amount of $25,000.00 to Michael and Jeanne Adams located on the former Fresno Traction Company right of way, now known as River Bottom Road, just east of Fig Garden Golf Course in the San Joaquin River bottom APN 405-030-XR ID#14-6461-G Sponsors:Public Works Department CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION Award a five-year revenue contract for bus advertising services to Lamar Transit Advertising for $2,000,000 (RFP No. 9301) ID#14-5802-A Sponsors:Department of Transportation 3. CITY COUNCIL RESOLUTION - Making and adopting express findings that modifications to the California Bureau of Gaming Control (BGC) regulations mandating fees to all customers has an adverse impact to the economy of the City of Fresno and opposing proposed regulations ID#14-6393-A Sponsors:Baines III 4. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Ken Phillips, Jeff Cardell Employee Organizations: IUOE, Stationary Engineers, Local 39 (L39) ID#14-645 Page 5 City of Fresno ***Subject to Mayoral Veto December 4, 2014City Council Meeting Agenda - Final Fresno City Employees Association (FCEA) Fresno Police Officers Association (FPOA Basic) International Association of Firefighters, Local 753 (Fire Basic) Amalgamated Transit Union, Local 1027 (ATU) International Brotherhood of Electrical Workers, Local 100 (IBEW) Fresno Police Officers Association (FPOA Management) International Association of Firefighters, Local 753 (Fire Mgmt) City of Fresno Professional Employees Association (CFPEA) City of Fresno Management Employees Association (CFMEA) Fresno Airport Public Safety Supervisors (FAPSS) CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiator(s): Steve Brandau, Ashley Swearengin, Bruce Rudd, Jeffrey Cardell 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 Budget Analyst Budget Manager Chief Assistant City Attorney Chief Information Officer Chief of Staff to the Mayor Page 6 City of Fresno ***Subject to Mayoral Veto December 4, 2014City Council Meeting Agenda - Final City Attorney City Clerk City Engineer City Manager 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 Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Labor Relations Manager Labor Relations Secretary Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Redevelopment Administrator Retirement Administrator Risk/Safety Manager Senior Budget Analyst Senior Deputy City Attorney Senior Human Resources/Risk Analyst Page 7 City of Fresno ***Subject to Mayoral Veto December 4, 2014City Council Meeting Agenda - Final Supervising Deputy City Attorney Sponsors:Personnel Services Department 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 Workshop - Presentation by Fresno Unified School District Superintendent, Michael Hanson ID#14-521 Sponsors:Council President Brandau 10:00 A.M.#2 HEARING to consider: (Continue to December 18, 2014 at 2:30 p.m.) 1.Consider and adopt the Environmental Finding of Conformity to the 2025 General Plan Master Environmental Impact Report (MEIR) No. 10130 and the Mitigated Negative Declaration for Plan Amendment A-09-02 (Air Quality MND) prepared for Environmental Assessment No. EA-13-003, for street widening and the installation of curb, gutter, and sidewalk. (Council District 4) 2. ***RESOLUTION of Public Use and Necessity for the acquisition of a street easement for the construction of intersection improvements at Shields Avenue and Fowler Avenue and public road purposes from Assessor’s Parcel Number 496-192-10s owned by Forest Sunrise, LLC. ID#14-633 Sponsors:Public Works Department 10:15 A.M. WORKSHOP on the City of Fresno’s General Plan UpdateID#14-632 Sponsors:Planning and Development Department 11:00 A.M. MEETING OF THE JOINT POWERS FINANCING AUTHORITY Members: Mayor Swearengin, Council President Brandau and Acting President Baines Consent to and authorization of the investment of monies in ID#14-502"A" Page 8 City of Fresno ***Subject to Mayoral Veto December 4, 2014City Council Meeting Agenda - Final the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of investment and authorize certain Finance Officers in connection therewith (Authority action) 1.RESOLUTION - Designating and authorizing certain Finance Officers of the City of Fresno to deposit and withdraw funds into and out of the Local Agency Investment Fund (“LAIF”) in the State Treasury (Authority action) Sponsors:Finance Department Designate and authorize certain Finance Officers of the City of Fresno (“City”) to sign various investment and commercial banking documents, and to provide verbal instruction required for prudent financial administration and safekeeping of Fresno Joint Powers Finance Authority (“JPFA”) funds and property (Authority action) 1.RESOLUTION - Designating and authorizing certain Finance Officers of the City of Fresno to take certain actions as required for the prudent financial administration and safekeeping of authority funds and property (Authority action) ID#14-503"B" Sponsors:Finance Department Approve a Demand Promissory Note to the City of Fresno (the “City”) for up to fifty million dollars ($50,000,000) in advances from the City, and authorize and direct the Treasurer and Controller of the Joint Powers Financing Authority (the “JPFA” or the “Authority”) to invest the advances in the Local Agency Investment Fund (“LAIF”) (Authority action) 1.RESOLUTION - Approving a Demand Promissory Note to the City for up to $50,000,000 in advances, and authorizing and directing the Treasurer and Controller to invest the advances in the Local Agency Investment Fund (Authority action) ID#14-505"C" Sponsors:Joint Powers Financing Authority and Finance Department ADJOURN AUTHORITY Page 9 City of Fresno ***Subject to Mayoral Veto December 4, 2014City Council Meeting Agenda - Final PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS DECEMBER 11 11:00 A.M. WORKSHOP relating to Central Unfied School District presented by Mike Berg DECEMBER 11 5:00 P.M HEARING relating to the General Plan (to be held at the Convention Center) DECEMBER 18 2:00 P.M #1. HEARING re:Final Tract Map No. 6051 annexed to CFD No. 11 (southeast corner of N. Garfield and W. Barstow Avenues) (Council District 2) DECEMBER 18 2:00 P.M #2. HEARING approving the renewal of the Fresno-Clovis Tourism Business Improvment Distridct (TBID) DECEMBER 18 2:30 P.M. CONTINUED HEARING to consider a Resolution of Public Use and Necessity, to authorize acquisition by eminent domain, and to adopt a mitigated negative declaration to acquire street right-of-way for intersection improvements at Shields Avenue and Fowler Avenue through and across real property owned by Forest Sunrise, LLC, (APN 496-192-10s) in the City of Fresno (Council District 4) DECEMBER 18 5:00 P.M. Consideration of the General Plan JANUARY 29, 2015 10:00 AM HEARING re: Annexation No. 29 of the City of Fresno Community District No. 11, Final Tract Map No. 5626, to revise the rate and method of apportionment of the special tax and to levy a new maximum special tax Page 10 City of Fresno ***Subject to Mayoral Veto December 4, 2014City Council Meeting Agenda - Final (southeast corner of North Fowler and East Hamilton Avenues) (Council District 5) FEBRUARY 5, 2015 5:00 P.M. HEARING re: proposed increase of water utility rates UPCOMING EMPLOYEE CEREMONIES JANUARY 29, 2015 8:30 A.M. Presentation of Employee of the Quarter Awards (Reception immediately following - 2nd floor foyer) APRIL 8, 2015 (Weds.) 2:00 P.M. Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer) APRIL 30, 2015 8:30 A.M. Presentation of Employee of the Quarter Awards (Reception immediately following - 2nd floor foyer) JULY 16, 2015 8:30 A.M. Presentation of Employee of the Quarter Awards (Reception immediately following - 2nd floor foyer) OCTOBER 1, 2015 8:30 A.M. Presentation of Employee of the Quarter Awards (Reception immediately following - 2nd floor foyer) OCTOBER 21, 2015 (Weds.) 2:00 P.M. Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer) 2014 CITY COUNCIL MEETING SCHEDULE DECEMBER 11 - 8:30 A.M DECEMBER 18 - 1:30 P.M. DECEMBER 25 - NO MEETING - CHRISTMAS WEEK JANUARY 1 2015 - NO MEETING JANUARY 8 2015 - 8:30 A.M. Page 11 City of Fresno ***Subject to Mayoral Veto December 4, 2014City Council Meeting Agenda - Final JANUARY 15 2015 - 1:30 P.M. JANUARY 22 2015 - NO MEETING JANUARY 29 2015 - 8:30 A.M. Page 12 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-634 Agenda Date:12/4/2014 Agenda #: CEREMONIAL PRESENTATION Presentation of the SPCA Pet of the Month City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-598 Agenda Date:12/4/2014 Agenda #: CEREMONIAL PRESENTATION Recognizing 2014 Make a Difference Day Sponsors and Volunteers City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-538 Agenda Date:12/4/2014 Agenda #:1-A REPORT TO THE CITY COUNCIL December 4, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division BY:JIM POLSGROVE, Supervising Engineering Technician Public Works Department, Capital Management Division SUBJECT RESOLUTION - Rescinding Resolution 2006-472 and removing UUD FRE-87 from the current Three Year Plan (Council District 3) RECOMMENDATION Staff recommends City Council adopt the attached Resolution rescinding Resolution 2006-472. EXECUTIVE SUMMARY Rescinding Resolution 2006-472 will remove a beautification district,as designated by Pacific Gas and Electric (PG&E),from the current Three-Year Plan due to shifts in priority and funding.It is FRE- 87 located on Orange Avenue between North Avenue and State Route 99.The district is being rescinded due to shifts in available funds to construct the City’s portion of the underground district. This action will unencumber Rule 20A funds so that they will be available for areas with higher priority and available funding. BACKGROUND The California Public Utilities Commission (CPUC)Rule 20A requires that PG&E allocate funds for the underground placement of existing overhead electrical facilities.These funds accrue to PG&E from all rate payers as part of their monthly bill,and are strictly reserved to underground overhead facilities in approved Underground Utility Districts (UUDs).Specific UUDs are formed by City Council action at noticed public hearings using criteria established by CPUC Rule 20A: 1.Such undergrounding will avoid or eliminate an unusually heavy concentration of City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-538 Agenda Date:12/4/2014 Agenda #:1-A 1.Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities; 2.The street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; 3.The street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public; 4.The street or road or right-of-way is considered an arterial street or major collector as defined in the Governor’s Office of Planning and Research General Plan Guidelines. Underground installation of PG&E overhead electrical facilities are funded by funds set aside pursuant to the CPUC Rule 20A.The Rule 20A specifically identifies funding for undergrounding existing overhead utilities only.The other utility companies provide the funding to convert their existing overhead facilities to underground. The formation of the UUD requires utility companies to convert their existing overhead facilities to underground service.The formation of the UUD also requires affected property owners to modify their existing overhead services to accept utility service from the underground facilities. Rescinding Resolution 2006-472 will remove a beautification district,as designated by PG&E,from the current Three-Year Plan due to shifts in priority and funding.It is FRE-87,located on Orange Avenue between North Avenue and State Route 99.The UUD is being rescinded due to shifts in available funds to construct the City’s portion of the underground district.This action will unencumber Rule 20A funds so that they will be available for areas with higher priority and available funding. This Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not implemented because rescinding a resolution does not include a bid or an award of a construction or services contract. FISCAL IMPACT There will be no impact to the City’s General Fund. Attachments:Resolution No. 2006-472 (rescinding) City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-538 Agenda Date:12/4/2014 Agenda #:1-A Resolution City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO RESCIND RESOLUTION NO. 2006-472 WHEREAS, on October 24,2006, the Council adopted Resolution No.2006-472, forming underground utility district number FRE-87, on Orange Avenue between North Avenue and the southwesterly right-of-way line of State Route 99; and WHEREAS, the Council finds that it is in the best interest of the City to rescind the prior Resolution in its entirety. NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as follows: 1. The foregoing recitals are true and correct and are adopted as the findings of the Council. 2. Resolution No. 2006-472 is rescinded in its entirety. ************** Date Adopted: Date Approved: Effective Date: City Attorney Approval: 1oÍ2 Resolution No. STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. crTY oF FRESNO ) l, YVONNE SPENCE, 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 ,2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: Mayor Approval/No Return: Mayor Veto: Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Brandon M. Collet / Deputy [date] Rev. 10-31-13 YVONNE SPENCE, CMC City Clerk BY: Deputy 2014 2014 2014 ,2014 2oÍ 2 Resolution No. Recording Requested By: Public Works Department City of Fresno No Fee-Gov't. Code Sectiont 6103 and27383 When Recorded, Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3623 ilil illilillillllllllll lll ll llllll I lllll llll llll FRESlt.lO Countv Recorder Robert C, lleiner Doc- ?øøE.ø2326,9'ø l,lednesday, NOV ø1 , 2øø6 1Ø:46:51 Ttl Pd $0,00 Nbr-0002339559 DJG/RÊ I I.Ë SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTTONNO. 2006-472 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. FRE.87 RESOLVED, by the Council of the City of Fresno, California, as foltows: WHEREAS, on September 26,2006. the Council adopted Resolution No. 2006- 440 which called for a public hearing on October 24, 2006, at the hour of 1O:00 a.m., in the Council Chambers in City Hall, Fresno, California, to ascertain whether the public necessity, health, safety or welfare require the full removat of poles, overhead wires and associated overhead structures and the full underground installation of wires and facilitíes for supplying electric, communication, cable television or similar or associated service within the area generally located on Orange Avenue between North Avenue and the southwesterly right-of-way line of State Route g9 as shown on the map entiled "Underground Utility District No. FRE-87", attached hereto as Exhibit "A" arìd incorporated herein by reference. The area also includes all properties abutting the streets in the District; and WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and frttt ¿ /ft'þu¿ €]ldapø /co b - 4'/L WHEREAS, such hearing has been duly and regularly held, and all persons .., interested have been given an opportunity to be heard. NOW, THEREFORE, BE lT RESOLVED that the Council of the City of Fresno does hereby find that public necessity, health, safety, and welfare require the full removal of poles, overhead wires and associated overhead structures and underground installation thereof within the area designated in Exhibit "4" because of the safety benefÏts associated with improvements installed with the associated capital project. BE lT FURTHER RESOLVED that the Council of the City of Fresno does hereby adopt and approves the map attached as Exhibit "A" as the description of the designated area comprising the underground util¡ty District No. FRE-97. BE lT FURTHER RESOLVED that the Council of the City of Fresno does hereby fix June 1,2009, as the date of which affected property owners must be ready to receive underground service and does hereby order the full removal of all poles, overhead wires and associated overhead structures and the full underground installation of wires and facilities for supplying electric, communication, cable television or similar or associated service within Underground Utility District FRE-87 on or before December 31, 2009. BE lT FURTHER RESOLVED, that the utility which undertakes underground installation of its facilities shall use the underground conversion allocation computed pursuant to decisions of the Public Uti¡ity Commission of the State of California for the purpose of providing service to each premise in Underground Utility District No. FRE-87 requiring it [a maximum of one hundred feet of individual electric service trenching and conductor (as well as bacKill, paving and conduit, if required)1. Rule 20A conversion allocation funds shall be available for conversion of electric service panels (not to exceed $1500 per panel, excluding permit fees) to accept the new underground service facilities pursuant to the Public Utilities Commission of the State of California Advice Letter 1930-E. Each other serving utility will provide service trenching and conductor in accordance with its tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the City. Each property owner in Underground Utility District No. FRE-87 shall be responsible for the installation and maintenance of the conduit and termination box located on, under or within any structure on the premises served. BE lT FURTHER RESOLVED, that the following exceptions in said Underground ut¡lity District No. FRE-87 be made and they are hereby authorized: a. Equipment appurtenant to underground facilities such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts. b. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Director. BE lT FURTHER RESOLVED, that the City Clerk, within thirty (30) days after the adoption of this Resolution, shall give notice as required by Section 11-BO8 of the Fresno Municipal Code. ut ilt Ht CLERK'S CERTIFICATION STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. crTY oF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresnó, Catifornia, at a regular meeting thereof, held on 1¡e 24th day of octo-ber , 2006. AYES: NOES: ABSTAIN: ABSENT: Boyaji-an, Calhoun, Dages, perea, Sterling, trrlesterlund, Duncan None None None October 25 2006 Mayor Approval/No Return :N/A 2006 Mayor Veto:N/A 2006 Mayor Approval: Council Override Vote: N/A , 2006 REBECCA E. KLISCH City Clerk BY: D€eüty 4 APPROVED AS TO FORM: CITY ATTORN Pub Hrg Adopt Reso FRE-87 Orange Ave 102406 j -rg '',t TEGEND PROF€RII UNE I,JI¡fIS OF UNOEnGRdJNO UruTY DISÍRrciT FRE-8-' ¡l¡D l{ II€ C'EE f II€ REJC FÈ¡ OIEITN ç ÌG CÍY r FRE'IO 1}Ì, -DYC_zrr.ıt ß.8XIt FIE.ETOÊ(sreIUúÌ¡owúF¡E þ DæI¡TXT ¡O. ¡uÐD_.fis _!^ygl.= 2tþ.. AT IlCHT.R F_dcr¡o< _..1llr_Eod( _ ^t p¡ae _ f uHrxûto im¡e ójsliqf l¡ps-ì-ltë ijffiÇ lf caltfly næom F Íc cull'y G ¡¡tsto, sr tE a crtimÃ - ---EXHIBIT ''A'' ú/o1/ú 'l-É \ujovM EFC¡ e, XUS{gw cr.Et( F tl€ dtY ff fx€$to R@tc mBoq.xwËm cilccq}{ñrm TJNDERGROUND TITILTTY DISTRICT NI'T{BER FRE_87 October 25, 2006 TO: FROM: Ayes Noes Absent Abstain MAYoR AI-AN AUrRY gr.?¡*-REcElv t-ti REBECoA . KLtScH, CM'g¡nf gCT ZS pH Z;56City Clerk Council Adoption: l0l24l 06 Mayor Approval: Mayor Veto: Override Request: ,:ITY CLTRK, FRESNO C¡suBJEcr: TRANSMITTAL oF couNctL AcÏoN FoR AppRovAL oR vETo At the Council meeting of 10124106, Council adopted the attached Resolution No. 2006_472 entitled Establishing Underground Utility District No. FRE-87, ltem No. 10:00 A.M. - a, by the following vote: : Boyajian, Calhoun, Dages, perea, Sterling, Westerlund, Duncan: None: None: None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before November 6, 2006. ln computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 1oth day is a Saturday, Sunday, or holiday, in which case it has also been excluded, Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's signed approval. Thank you. VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) Date: olzøloø - Date: Ayes Noes Absent Abstain ! i APPROVED: COUNCIL OVERRID City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-610 Agenda Date:12/4/2014 Agenda #:1-B REPORT TO THE CITY COUNCIL December 4, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division BY:STEVEN C. SON, PE, Capital Projects Manager Public Works Department, Capital Management Division SUBJECT Authorize staff to request an extension of time for unspent grant funds for the following projects: a.Shields Avenue Wireless Intelligent Transportation Systems (ITS) between West Avenue and Chestnut Avenue (CML 5060(201)) b.ITS Friant Road-Nees Avenue-Palm Avenue Project (CML 5060(200)) c.Traffic Signal at Peach Avenue and Church Avenue intersection (SR2SL-5060(222) (Council Districts 1, 2, 4, 5, 6, 7) RECOMMENDATION Authorize Staff to request a Cooperative Work Agreement (CWA)with the State of California, Department of Transportation,Office of Local Assistance (Caltrans)to obtain an extension of time to encumber grant funds and allow eligible project costs to be reimbursed;and to authorize the Public Works Director or his designee to sign the request on behalf of the City. EXECUTIVE SUMMARY Caltrans has notified the City of Fresno that three projects have unexpended grant funds that will be timing out.The projects are the Shields Avenue Wireless ITS between West Avenue and Chestnut Avenue;ITS Friant Road-Nees Avenue-Palm Avenue,traffic signal at Peach Avenue and Church Avenue intersection.The projects have been delayed due to factors beyond staff’s control.Because of the delays,staff is unable to encumber the cost and invoice and obtain reimbursement prior to the April 30,2015,deadline.To request an extension of time to encumber grant funds,Caltrans requires concurrence by the City Council. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-610 Agenda Date:12/4/2014 Agenda #:1-B BACKGROUND On October 14,2014,Caltrans notified the City of Fresno that the following projects’funds are lapsing on June 30,2015,if close out packages or invoices are not submitted by April 30,2015 for three grant projects.Staff has determined that these projects will not be able to expend the lapsing funds nor submit close out packages by the April 30,2015,deadline.These projects are currently in different phases of construction and preliminary engineering and will continue to incur costs.By requesting a CWA, the City will be able to recoup expenses that are project related. The Shields Avenue Wireless ITS between West Avenue and Chestnut Avenue (CML 5060(201))is in the final phase of the design.Staff is currently in the process of preparing general construction specifications so that the project can be advertised for bid.It is anticipated that the project will start advertisement in December 2014 with anticipated Council award in January/February 2015. The design for ITS Friant Road-Nees Avenue-Palm Avenue is ongoing (CML 5060(200)).At this time the design is approximately 90%complete and a draft construction specification has been prepared. It is anticipated that the design of the project will not be completed until spring of 2015,which will be after the Caltrans deadline. The traffic signal at Peach Avenue and Church Avenue (SR2SL-5060(222))has been completed. However,the grant requires the City to provide bicycle safety education and staff has been working with the principal of Edith B.Storey Elementary to secure a time.Due to the upcoming holidays and other events on the school calendar,staff has not yet been able to secure a date to conduct the necessary safety education.Staff anticipates the safety education event will occur in Spring 2015, after the April 30,2015,deadline.The CWA with Caltrans is necessary for the City to be able to recoup the cost of the educational safety event required by the grant. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378, this item does not qualify as a “project” for the purposes of the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented because the item does not include a competitive bid. FISCAL IMPACT The total unspent grant funding is $52,224 for the Congestion Mitigation Air Quality (CMAQ)program while there is $33,695 in the Safe Route to School grant.If the City does not request a CWA with Caltrans or the CWA is rejected,the City will be required to backfill these amounts utilizing other City’s funds. Approval of the CWA will avoid any loss of grant funding. Attachment: Cooperative Work Agreement City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-610 Agenda Date:12/4/2014 Agenda #:1-B City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ 12 3 4 56 7 8 9 10 111213 14 15 16 17 18District Agency Work Performed and Location Federal Project # Project CodePhase CodeFund DescriptionEncumbrance AmountReimbursed Unliquidated BalanceTUF Lapse DateRequesting CWA (Yes/No)?Delay Code Reason for Delay Obstacles to Future Completion Consequences if CWA is not approvedDate Funding will be liquidated if CWA approvedContact Name, Number, and E‐mail06 FresnoInstall wireless ITS, Cameras, cabinets, vaults, & upgrade signal controllers on Shields Ave. from West Ave. to Chestnut Ave.CML‐5060(201) 0600020319 S Federal Lump Sum ‐ 0890110,600$ 84,601$ 25,999$ N/AYES9There has been a recent modification to the City's boiler plate agreement by the City Attorney's office. Because of the modification to the City's boiler plate agreement, the construction specification needs to be modified accordingly to reflect correct reference in the contractNONEThe fund will be lost and the City would have to try and find a way to fund the remaining porition of the City. This would be a challenge since the financial constraints of the City.Jun‐15Steven Son, 559‐621‐8674 steven.son@fresno.gov06 FresnoInstall fiber in existing conduit, cameras, upgrade signal controllers, and impacted ramps on Friant Rd. from Fresno St. to Nees Ave., along Nees Ave. to Palm Ave., along Palm Ave. to Palmdon Ave.CML‐5060(200) 0600020318 S Federal Lump Sum ‐ 089088,500$ 60,275$ 28,225$ N/AYES9There has been a recent modification to the City's boiler plate agreement by the City Attorney's office. Because of the modification to the City's boiler plate agreement, the construction specification needs to be modified accordingly to reflect correct reference in the contractNONEThe fund will be lost and the City would have to try and find a way to fund the remaining porition of the City. This would be a challenge since the financial constraints of the City.Jun‐15Steven Son, 559‐621‐8674 steven.son@fresno.gov06 FresnoInstall new traffic signals on Peach and Church Ave Intersection.SR2S‐5060(222) 0600020545 S State Lump Sum ‐ 0042309,083$ 275,388$ 33,695$ N/AYES9The City is currently trying to coordinate with Story Elementary for the education portion of the grant requirement. At this time the School is unable to provide a firm date on when they would like to provide an opportunity to conduct a education on bicycle and pedestrian safety.NONEUnable to fund the education portion of the grant requirementJun‐15Steven Son, 559‐621‐8674 steven.son@fresno.govPrint Name: Date:Signature of Approving Agency's Board or Council:2009-10 District 6 Projects Lapsing on June 30, 20151 of 1 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-618 Agenda Date:12/4/2014 Agenda #:1-C REPORT TO THE CITY COUNCIL December 4, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities BY:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division SUBJECT Approve the acquisition of temporary construction easement from Frances M. Ricchiuti and Patrick V. Ricchiuti for APN 581-040-02S RECOMMENDATIONS Staff recommends that City Council: 1.Approve the acquisition of temporary construction easement as shown in the Table below for the construction of the Raw Water Pipeline from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility. 2.Authorize the Director of Public Utilities,or his designee,to sign all documents on behalf of the City. EXECUTIVE SUMMARY The Department of Public Utilities,Water Division,is finalizing the design of the Friant Kern Raw Water Pipeline to deliver raw water from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility (NESWTF).With bidding scheduled to begin in late 2015,acquisition of easements for this pipeline project is necessary.The property owners Frances M.Ricchiuti and Patrick V.Ricchiuti have agreed to the compensation of $550/year for the acquisition of temporary construction easements (see attachment Table 1). BACKGROUND Presently,the City's contract with the United States Bureau of Reclamation (USBR)for Central Valley Project (CVP)surface water travels nearly 55 miles in open canals from Friant Dam (Millerton Lake) City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-618 Agenda Date:12/4/2014 Agenda #:1-C Project (CVP)surface water travels nearly 55 miles in open canals from Friant Dam (Millerton Lake) to the NESWTF.The proposed Project consists of the construction and operation of a 5.6-mile raw water pipeline.The new pipeline reroutes the CVP water directly to the NESWTF and will eliminate nearly 47 miles from the conveyance distance.The Project will convey water in an enclosed system and greatly reduce the threat to water quality,in otherwise open canals which are exposed to contamination from environmental debris,and accidental or malicious acts.The pipeline will be constructed across numerous properties in unincorporated Fresno County and connected to the existing one-mile long segment of pipeline constructed in 2007.Additional benefits of the project include reduced power consumption,chemical utilization,and increased operational reliability at the NESWTF. ENVIRONMENTAL FINDINGS An initial study and Mitigated Negative Declaration was prepared and adopted on June 14,2012 for this project.A Notice of Determination was subsequently filed with the Fresno County Clerk’s Office on June 19,2012.The Proposed Project consists of the construction and operation of a 5.6-mile raw water supply pipeline northeast of the City of Fresno,in unincorporated Fresno County at the City's existing Surface Water Treatment Facility (SWTF).The Proposed Project would be located between the SWTF near Chestnut and Behymer Avenues and the Friant-Kern Canal to the northeast.The purpose of the Proposed Project is to develop a reliable raw water conveyance system with reduced potential for water quality contamination that will bring the City's existing CVP contract supply water directly from the Friant-Kern Canal to the SWTF. This approval is to implement that project. An analysis has been performed pursuant CEQA Guidelines §15162 to determine whether subsequent environmental review is required for the project.Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required: 1.No substantial changes are proposed in the project which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.In this case there are no changes to the project. 2.No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.In this case,the proposed pipeline alignment has not changed. 3.There is no new information,which was not known and could not have been known at the time of the previous Mitigated Negative Declaration that the project will have significant effect not discussed in the Mitigated Negative Declaration. Based upon these findings,it has been determined that no further environmental documentation is required for this project. LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a City City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-618 Agenda Date:12/4/2014 Agenda #:1-C construction or services contract. FISCAL IMPACT Approving acquisition of these easements will not impact the General Fund.Appropriations for the acquisition of these easements are included in Water Division’s FY 2015 Capital Improvement Program budget within the 2010 Water Revenue Bonds A-1 Fund (40118).Project construction is expected to start in mid-year 2015. Attachments: Table 1 Vicinity Map Agreement for Temporary Construction Easement Detailed Exhibits and Legal Descriptions City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ APN Grantors I Easement Type Acres Value 581-040-02S Frances M . Ricchiuti &I Patrick V . Ricchiuti I Temporary 0.24 $1 ,100 total 1 Totals 0.24 $ 1 '1 00 2 Notes : 1) $1 ,100 includes two full years . First year to be paid in full and second prorated for actual use. 2) Total shown includes full two years ($1 , 1 00) for Temporary Construction Easement. o ~ ..... 1Eoo=====2~oo ~ _ Feet ~ *';,'+' 286 W. Cromwell Ave . Fresno , CA 93711-6162 (559) 449-2700 Legend ~ Property Line .. Permanent Easement-Width Varies [] Construction Easement-Width Varies Easement Exhibit APN 580-040-028 Friant Raw Water Pipeline City of Fresno Photography by USDA NAIP 2012 ' ~ It_ UJ ~ ~ 0 ....J ....J ~ -.. ...,.._ 1...8 Cl a::: 1£ a::: UJ co ::::> ,~ '><::-(;0 ~ COPPERAVE Connection to ·Existing Raw Water Pipeline ~ --•7•5cO==':,·s~~et e PROVOST& PRITCHARD 286W.Cromwe11Ave. '+'''~''IS·' '!i·I-1 .. !11-H Fresno, CA 93711-6162 Allf:~~~ (559) 4<49-2700 Legend Fresno Co. Parcel • Easement location • Easement Location ,-, , .. } County R/W Crossing o' ~ "-siG DRY CREEK DIVERSION CHANNEL «' <::-0 (QC:J Notes: 1. Joint Owners-Road Access Number APN 2. NEasement Location" color variation used to a·rrerentiate ownership ~ Landowner .,..~~4-Permanent Easement "., ";. < Temporary Construction VICINITY MAP Raw Water Pipeline City of Fresno AGREEMENT FOR RENTAL OF PROPERTY FOR A TEMPORARY CONSTRUCTION EASEMENT Friant-Kern Raw Water Pipeline Project WC00038 FRANCES M. RICCHIUTI AND PATRICK V. RICCHIUTI, CO-TRUSTEES, THE FRANCES M. RICCHIUTI FAMILY TRUST, TRUST B, UDT DATED MAY 21, 1982 (A REVOCABLE LIVING TRUST); AND PATRICK V. RICCHIUTI, TRUSTEE, THE RICCHIUTI GST NONEXEMPT QTIP TRUST, UDT DATED MAY 21, 1982 (AN IRREVOCABLE TRUST), hereinafter called the "Owner," without regard to number or gender, hereby agrees to rent to the CITY OF FRESNO, a municipal corporation, hereinafter called the "City," the right to use the hereinafter described property for a Temporary Construction Easement ("TCE") under the following terms and conditions: 1. The real property which is the subject of this Agreement is situated in the County of Fresno, State of California and may hereinafter for conveni~nce be referred to as the "Subject Property," being a TCE within a portion of Assessor's Parcel Number 581-040-02s, and which is more particularly described and depicted as : Exhibits "A" and "B" for a Temporary Construction Easement attached hereto, and by reference made a part hereof. 2. The City shall pay to Owner Five Hundred and Fifty dollars ($550)/year, or any portion thereof, as rent for a temporary construction easement ('TCE Rent"), subject to monthly proration as needed, for the duration of the City's use of the Temporary Construction Easement. The first year of TCE Rent will be paid in advance and received by Owner within thirty (30) days of the City's issuance of the Notice to Proceed. If more than one year of TCE rental is required, the remainder of the TCE Rent due to Owner will be paid upon completion of the project, prorated, per the conditions set forth above. 3 . It is understood and agreed by and between the parties hereto that the TCE granted to the City in this transaction is for the purpose of allowing the City or its authorized Contractor to enter upon the property of Owner, where necessary, within the TCE area, and to use equipment and materials thereon. Said easement imposes upon the City the obligation to exercise such rights where required by the construction project and to leave Owner's remaining property in like condition as found, or better . The City's rental of the TCE shall commence upon issuance of a Notice to Proceed to the City's contractor to start construction, and shall terminate when the City provides written notice to Owner that the use of the TCE is no longer necessary. 4. The parties agree and stipulate that the net sum payable to Owner hereunder shall be conclusively deemed to be the total just compensation payable in such proceedings, and this Agreement may be filed with the court as stipulation upon which judgment may be entered in the eminent domain proceeding as to the just compensation to be paid to Owner. Owner waives all other defenses in said proceeding. Page 1 of 4 5. It is agreed and confirmed by the City and the Owner that notwithstanding other provisions in this Agreement, the right of possession and use of the TCE shall commence upon the City's issuance of the Notice to Proceed. The TCE Rent, includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. The terms for payment of TCE Rent are set forth in Paragraph 2, above. 6. Owner represents and warrants that they have the authority to accept the offer herein made, and that they hold fee title to said real property and may convey use of the Subject Property. 7. Miscellaneous Provisions: a. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provision 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. b. Governing Law and Venue . This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement any rights and duties hereunder shall be in Fresno, California . c. 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. d. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability or any one provision in this Agreement shall not affect the other provisions. e . 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 any party, but rather by construing the terms in accordance with their generally accepted meaning. f. 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 . g . 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. h. 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 . Page 2 of 4 i. Exhibits and Attachments. Each Exhibit and Attachment referenced herein is by such reference incorporated into and made a part of this Agreement for all purposes. j. 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 the City and the Owner. 8. Time is of the essence of each and every term, condition and covenant hereof. 9. Environmental Indemnity. The Owner has not stored, discharged or abandoned any hazardous substances, as such term is defined by federal or state law, on , in, or under the easement area, and to the best of the Owner's knowledge, there are no hazardous substances on, in or under said easement area. Owner shall indemnify, hold harmless, and defend the Renter, its officers, agents, employees, and volunteers from any liability, loss, fines, penalties, forfeitures, claims, expenses, and costs, whether incurred by the Owner, Renter, or any other third party, arising directly or indirectly from the release, presence or disposal of any hazardous substances or materials (as now or hereafter defined in any law, regulation, or rule) in, on, or about the Property on or before work is completed . This indemnity shall include, without limitation, any claims under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), or any other federal, state or local law whether statutory or common law, ordinance, or regulation. Costs or losses covered will include, without limitation, consultants, engineering, investigator fees, clean up or disposal costs and attorneys' fees, and damages. Upon written notice from the Renter, the Owner, at Owner's sole cost and expense, shall immediately assume the defense of any claims, suit or action brought against the City by any public body, individual, partnership, corporation or other legal entity, relating to any matter covered by this paragraph. 10. It is understood and agreed that as a condition precedent hereto, this Agreement shall have no force and effect until approved by the Council for the City of Fresno . This Agreement is to remain open for one hundred and twenty (120 days) from the date hereof, and that upon its duly authorized execution within said time by the City, this Agreement shall become a contract for the rental of Subject Property binding upon Owner and City, their heirs, executors, administrators, successors in interest, and assigns . REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. SIGNATURES APPEAR ON NEXT PAGE. Page 3 of 4 Signature Page IN WITNESS WHEREOF the Owner and Renter have signed this Agreement on the dates and in the year set forth below. RECOMMENDED FOR APPROVAL BY ____________________ __ Brock D. Buche Supervising Professional Engineer City of Fresno-DPU-Water Division OWNER: ~ Date /0-Z J -/'-f . ~. ~~"WW-~ Date ______________ _ BUYER: CITY OF FRESNO: a municipal corporation BY----------------------- Thomas C. Esqueda Director, Department of Public Utilities Date ______________ _ Address of City: City of Fresno Water Division 1910 E. University Avenue Fresno, CA 93703-2927 ATIEST: Yvonne Spence City Clerk BY=------------------ Deputy Attachments: Frances M. Ricchiuti Date /6 --z.. 3 -1 i Address of Owner: 2917 E. Shepherd Avenue Clovis, CA 93611 APPROVED AS TO FORM: Douglas T. Sloan City Attorney BY~ Exhibit A: Legal Description -Temporary Easement Exhibit B: Temporary Easement Depiction Page 4 of 4 APN: 580-040-02S (Portion) Construction Easement EXHIBIT "A" Page 1 of 1 All of that portion of that parcel described as Parcel 4 in Document No. 94197346, Official Records Fresno County, situated in the northwest quarter of Section 7, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, situate in the County of Fresno, State of California, according to the Official United States Government Township Plat thereof, described as follows: The south 10.00 feet of the west 1050.00 feet of the east 1300.00 feet of said northwest quarter. Containing an area of 10,4 76 square feet, more or less . 2010-079T 15-A-8780T WJNO. 5354 END OF DESCRIPTION Dote s~ J. . /. Signed. 1~/2011 EXHIBIT "B" (PAGE 1 OF 1) EAST LINE OF THE NW 1/4 OF SECTION 7, 12/21--..._, ~ APN: 580-040-01 S DATE SIGNED: 8/~/.Z.~I) N. W. 1/4 SEC. 7, 12/21 APN : 580-040-025 r-----------1050.00'--;-----------.-1 SOUTH LINE OF THE NW 1/4 OF SECTION 7, 12/21 s .w. 1/4 SEC. 7, 12/21 ,. = 200' SCALE IN FEET 10' WIDE CONSTRUCTION EASEMENT APN: 580-040-07 LEGEND AREA FOR TEMPORARY CONSTRUCTION PURPOSES (10,476 SQ. FT.} 250.00' PROVOST& PRITCHARD 'a·!fld'*' *f'E Nt~o.-t~ --~-0 100 200 0:. ~ 1!110102 =~ REF . & REV. 2010-079T PLAT NO. 0002 WJ5354 C I T Y OF F R E S N 0 DEPARTMEN T OF PUBLIC WORKS PORnON of N.W. 1/4. SEC. 7, T.12 S., R.21 E., M.D.B. & M. for TEMPORARY CONSlRUCllON PURPOSES PROJ. 10. FUND NO. ORG . NO. SHEET NO. _1_ Of _l__ SHEETS 15-A-8780T APN 580-040-02S (PORTION) GRANT OF TEMPORARY CONSTRUCTION EASEMENT FRANCES M. RICCHIUTI AND PATRICK V. RICCHIUTI, CO-TRUSTEES, THE FRANCES M. RICCHIUTI FAMILY TRUST, TRUST B, UDT DATED MAY 21 , 1982 (A REVOCABLE LIVING TRUST); AND PATRICK V. RICCHIUTI, TRUSTEE, THE RICCHIUTI GST NONEXEMPT QTIP TRUST, UDT DATED MAY 21, 1982 (AN IRREVOCABLE TRusn. GRANTORS, hereby GRANT to the City of Fresno, a municipal corporation, GRANTEE, a temporary construction easement and right-of-way for construction of a surface water supply pipeline purposes over, under, through , and across that certain parcel of land situated in the City of Fresno, County of Fresno , State of California, more particularly described follows : SEE ATIACHED EXHIBITS "Nand "B", INCORPORATED HEREIN BY REFERENCE TOGETHER WITH the righ t to enter upon said land and to use equipment and other material thereon by said City, its agents, emp loyees, contractors, subcontractors and their employees, whenever and wherever necessary for the purpose of construction of said surface water supply pipeline and appurtenances thereto , provided said temporary construction easement shall be extinguished two years from the date of the City's issuance of a Notice to Proceed to the City's selected contractor to start construction . Said temporary construction easement to be maintained by GRANTOR free of any surface obstructions so that GRANTEE may have vehicular access at all times. THE FRANCES M. RICCHIUTI FAMILY TRUST , TRUST B, UDT DATED MAY 21 , 1982 (A REVOCABLE LIVING TRusn ,o .. n ' '(" By :t:f~-11t .~· FRANCES M. RICCHIUTI, CO-TRUSTEE Date:~-2 :>-I¥ Date: _...l=o_--=7=1____..:-1_~~---_, / THE RICCHIUTI GST NONEXEMPT QTIP TRUST, UDT DATED MAY 21 , 1982 (AN IRREVOCABLE TRUST) By :~:V~ RICK V . RICCHIUTI, TRUSTEE 2010-Q79T 15-A-8780T WJ NO. 5354 Date: /0 -;1.]-1 ~ APN: 580-040-028 (Portion) Construction Easement EXHIBIT "A" Page 1 of I All of that portion of that parcel described as Parcel 4 in Document No. 94197346, Official Records Fresno County, situated in the northwest quarter of Section 7, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, situate in the County of Fresno, State of California, according to the Official United States Government Township Plat thereof, described as follows: The south 10.00 feet ofthe west 1050.00 feet ofthe east 1300.00 feet of said northwest quarter. Containing an area of 10,476 square feet, more or less. 20I0-079T 15-A-8780T WJNO. 5354 END OF DESCRIPTION Dote s• J. . /_ Signed. :1~/"'-0il EXHIBIT "B" (PAGE 1 OF 1) EAST UNE Or THE NW 1/4 OF SECTION 7, 12/21---... - APN: 580-040-015 DATE SIGNED: I/S/2.dl I N.W. 1/4 SEC. 7, 12/21 APN: SBD-040-025 r-----------1050.00'---;-----------_. SOUTH LINE OF THE NW 1/4 OF SECTION 7, 12/21 s.w. 1/4 SEC. 7, 12/21 10' WIDE CONSTRUCTION EASEMENT APN: 580-040-07 LEGEND 250.00' AREA FOR TEMPORARY CONSlRUC110N PURPOSES (10,476 SQ. FT.) ,. -200' SCALE IN FEET llllj ---~--~1 0 100 200 400 REF. & REV. 2010-079T PLAT NO. 0002 WJ 5354 C I T Y OF F R E S N 0 DEPARTMENT OF PUBLIC WORKS PORTION of N.W. 1/4, SEC. 7, T.12 S., R.21 E., M.D.B. 1: M. for TEMPORARY CONSlRUCllON PURPOSES PROJ. 10. FUND NO. ORG. NO. PROVOST& PRITCHARD !5•'*'5 i!f**''' M~OtNrfc..-v __ _,,.. til~ ,.,_ =:F- SHEET NO. _1_ OF ..i._ SHEETS 15-A-8780T City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-619 Agenda Date:12/4/2014 Agenda #:1-D REPORT TO THE CITY COUNCIL December 4, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities BY:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division SUBJECT Approve the acquisition of permanent pipeline right-of-way easements and temporary construction easements from Thelma Becker and Knox Blasingame for APN 581-010-14 and APN 581-010-15 RECOMMENDATIONS Staff recommends that City Council: 1.Approve the acquisition of permanent pipeline right-of-way and temporary construction easement as shown in the Table below for the construction of the Raw Water Pipeline from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility (NESWTF). 2.Authorize the Director of Public Utilities,or his designee,to sign all documents on behalf of the City. EXECUTIVE SUMMARY The Department of Public Utilities,Water Division,is finalizing the design of the Friant Kern Raw Water Pipeline to deliver raw water from the Friant-Kern Canal to the NESWTF.With bidding scheduled to begin in late 2015,acquisition of easements for this pipeline project is necessary.The property owners Thelma Becker and Knox Blasingame have agreed to the compensation of $41,550 for the acquisition of permanent pipeline rights-of-way and $3,130/year for the acquisition of temporary construction easements (see attachment Table 1). BACKGROUND Presently,the City's contract with the United States Bureau of Reclamation (USBR)for Central Valley Project (CVP)surface water travels nearly 55 miles in open canals from Friant Dam (Millerton Lake) to the NESWTF.The proposed Project consists of the construction and operation of a 5.6-mile raw City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-619 Agenda Date:12/4/2014 Agenda #:1-D to the NESWTF.The proposed Project consists of the construction and operation of a 5.6-mile raw water pipeline.The new pipeline reroutes the CVP water directly to the NESWTF and will eliminate nearly 47 miles from the conveyance distance.The Project will convey water in an enclosed system and greatly reduce the threat to water quality in otherwise open canals which are exposed to contamination from environmental debris,and accidental or malicious acts.The pipeline will be constructed across numerous properties in unincorporated Fresno County and connected to the existing one-mile long segment of pipeline constructed in 2007.Additional benefits of the project include reduced power consumption,chemical utilization,and increased operational reliability at the NESWTF. ENVIRONMENTAL FINDINGS An initial study and Mitigated Negative Declaration was prepared and adopted on June 14,2012 for this project.A Notice of Determination was subsequently filed with the Fresno County Clerk’s Office on June 19,2012.The Proposed Project consists of the construction and operation of a 5.6-mile raw water supply pipeline northeast of the City of Fresno,in unincorporated Fresno County at the City's existing Surface Water Treatment Facility (SWTF).The Proposed Project would be located between the SWTF near Chestnut and Behymer Avenues and the Friant-Kern Canal to the northeast.The purpose of the Proposed Project is to develop a reliable raw water conveyance system with reduced potential for water quality contamination that will bring the City's existing Central Valley Project (CVP) contract supply water directly from the Friant-Kern Canal to the SWTF.This approval is to implement that project. An analysis has been performed pursuant CEQA Guidelines §15162 to determine whether subsequent environmental review is required for the project.Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required: 1.No substantial changes are proposed in the project which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.In this case there are no changes to the project. 2.No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.In this case,the proposed pipeline alignment has not changed. 3.There is no new information,which was not known and could not have been known at the time of the previous Mitigated Negative Declaration that the project will have significant effect not discussed in the Mitigated Negative Declaration. Based upon these findings,it has been determined that no further environmental documentation is required for this project. LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a City City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-619 Agenda Date:12/4/2014 Agenda #:1-D construction or services contract. FISCAL IMPACT Approving acquisition of these easements will not impact the General Fund.Appropriations for the acquisition of these easements are included in Water Division’s FY 2015 Capital Improvement Program budget within the 2010 Water Revenue Bonds A-1 Fund (40118).Project construction is expected to start in mid-year 2015. Attachments: Table 1 Vicinity Map Trust Certificates Purchase Agreement Detailed Exhibits and Legal Descriptions City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ Table 1 APN Grantors Easement Type Acres I Value 581-010-14 Thelma Becker & Permanent 0 .56 I Knox Blasingame $41,550 Thelma Becker 581-010-15 Knox Blasingame Permanent 5 .92 581-010-14 Thelma Becker & Knox Blasingame Temporary 0 .38 Thelma Becker & $6,260 total 1 581-010-15 Knox Blasingame Temporary 2.75 Totals 9 .61 $47,810,2 Notes : 1) $6 ,260 includes two full years . First year to be paid in full and second prorated for actual use . 2) Total shown includes full two years ($6 ,260) for Temporary Construction Easements. --·7·5=0==1:::i.5~~et q.,¥!_!,1.1 PROVOST& PRITCHARD 2ssw.cromweiiAve. '3-''W'Si!""!Wt.!i!i Fresno, CA93711..0162 NI~Owrleod~ (559) 449-2700 0 0::: >-0::: 0::: w co :::> <( COPPER AVE Legend Fresno Co. Parcel • Easement Location • Easement Location ,-, , .... ) County RNY Crossing ~ ')IG DRY CREEK DIVERSION CHANNEL Notes : 1. Joint Owners -Road Access Number APN 2. ~Easement Location ~ color variation used to dfferentiate ownership Landowner Permanent Easement Temporary Construction VICINITY MAP Raw Water Pipeline City of Fresno 0 200 400 ~ ----===::iFeet W Sr*'''+' PROVOST & PRITCHARD '3-''§"!Sil§l'rl-!.lllj An fmployee O,..,rttJd Comp&t1y 286 W. Cromwell Ave. Fresno , CA 93711-6162 (559) 449-2700 .. - legend .:=:::J Property Line II Permanent Easement-Width Varies Construction Easement-Width Varies 25' 65' Easement Exhibit APN 581-010-14 & 15 Friant Raw Water Pipeline City of Fresno Photography by USDA NAIP 2012 2. Chicago Title Company 7330 N . Palm Ave nue , S uite 10 1, Fres no, CA 937 11 559 45 1-3700 • FAX : CALL FOR # DATE:------ ESCROW NO.:------- fiLE NO .: _______ _ CERTIFICATION OF TRUST PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5 (Name of Trust) , trustee(s) of confirm the following facts : is currently in existence and was created on D £C E:' fv1. 6 t:::-v2.. 2-3 • I "i '1 8 (Date of Tr'ust) The settlor(s) of the trust are as follows: (? o 6 ~....:r P . [) t:c )( &12.-1\V b. 6 M-6ftf?A 3. The currently acting trustee(s) of the trust is/are : T Jt?,'l.H I+ 6 Ru;R. 4. The power of the trustee(s) includes: (a) The powers to sell, convey and exchange [vl Yes [ ] No (check one) (b) The power to borrow money and encumber the trust property with a deed of trust or mortgage [vf'Yes [ ] No (check one) 5. The trust is [ ] revocable; [ v(irrevocable (check one) and the following party(ies) if any, is/are identified as having the power to revoke the trust: 6. The trust [ ] does; [vfdoes not have multiple trustees (check one). If the trust has multiple trustees, the signatures of all the trustees or of any------------------- of the trustees is required to exercise the powers of the trust. 7. The trust identification number is as follows: CE -149 (Rev . 12/07) (trstcert)(07-08) (Social Security Number/Employee Identification Number) Page 1 of 2 1--nn-z..M A-6 ~Yl, 1)2-u5rt"""£ bf trtc CtU:lJ 1T s~ T(2L15T UAJl:::.c.---n. T711: {:>t.-c/4:;12-F-lr111 L y ~5T tl..td-e&l( j) cC. f:J.-< 0 bl< z_.3, 171'8 Trh:::L. ~ A 6 GZ-41(_ ' 1(2.a 5 ~ /) F -n-tf M 11---R. I T/tZ. D i:.LJ u ( n 0 IV -,-y'....v '>I cJ A;[j llr. 7_ ,~ n+G-(!:?~ F/ttt I L Y f'{./....lJ.-1 ) T 4._ a f.-d. J) €Z-Ei'H 6 Erl.. 2-.3 , I 'i '}f3 8. Title to trust assets shall be taken in the following fashion : __,_*-------------- The undersigned trustee(s) hereby declare(s) that the trust has not been revoked, modified, or amended in any manner which would cause the representations contained herein to be incorrect. This certification is being signed by all of the currently acting trustees and is being executed in conformity with the provisions of California Probate Code Section 18100.5, Chapter 530, Statutes of 1993 . Dated: Oc -1: .\:x.N 3o l 2.0\ Y TRUSTEE TRUSTEE TRUSTEE who proved to me on the basis of satisfactory evidence to be the personbi) whose name(\) is/~e subscribed to the within instrument and acknowledged to me that he,lshe/tlw¥ executed the same in Ns/her/tl'rei-1: authorized capacity(~ and that by -~her/thei.r signature{'sl_ on the instrument the person(~, or the entity upon behalf of which the person(~ 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 mU2: and offidal seal. Signature l~ CE ·149 (trstcert) (Seal) ij... NOTARY ;RIN BOYCE .... • COMMI~::-OICN . CALIFORN IA # 2068530 .., ' M c FRESNo coumy fi y omm . Exp. June 13, 2018 Page 2 of 2 Chicago Title Company 7330 N. Palm Ave nu e, S uite 10 1, Fres no, CA 937 11 559 4 51-370 0 • FAX · CALL FOR # DATE: __________ __ ESCROW NO.: ____________ _ TITLE NO.: CERTIFICATION OF TRUST PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5 uw~~~~~~&~o~~~-~*~.1~~~~'~~~~~~~~~~--~-~-~----------l~~~(s)~ the 'Rt;tJ .-.d.:\t tlifl,t.t.h~~v, u o,t,S r&"sl: confirm the following facts : 1. 2. 3 . 4 . 5. 6. 7. The __ }2~~D ~~~e=~~~~~--~~~~==~~-=S~u~--rv~,v~o~~~· --~~~~vs~f ________ _ (Name of Trust) O is currently in existence and was created on be c· (#'! h~"' 2. 3 , J f L8 Th czttlor(s) of the trust are as follows: ~L~t 12 6eek. The currently act2 trustee(s) of the trust is/are : /Z&?e~ · ("f:S1.w1 ~t_ The power of the trustee(s) includes: (Date of Trust) (a) The powers to sell, convey and exchange [~Yes [ ] No (check one) (b) The power to borrow money and encumber the trust property with a deed of trust or mortgage [ ] Yes [p(] No (check one) The trust is [ ] revocable; [P<;J irrevocable (check one) and the following party(ies) if any, is/are identified as having the power to revoke the trust: The trust [ ] does; [P4.,.does not have multiple trustees (check one). If the trust has multiple trustees, the signatures of all the trustees or of any --------------------- of the trustees is required to exercise the powers of the trust. The trust identification number is as follows : (Social Security Number/Employee Identification Number) CE-149 (Rev . 12/07) (trstcert)(07-08) Page 1 of 2 8 . Title to trust assets shall be taken in the following fashion: /{,:>OX /5//r}O,...u ~ I"N1 t. h~ & / /-iv.. R...obJ ? kL Sv.rv , ;.~,,... o -J,,k?f 1 ' The undersigned trustee(s) hereby declare(s) that the trust has not been revoked, modified, or amended in any manner which would cause the representations contained herein to be incorrect. This certification is being signed by all of the currently acting trustees and is being executed in conformity with the provisions of California Probate Code Section 18100.5, Chapter 530, Statutes of 1993. Dated: /D /J L),UL.{ TRUSTEE State of California County of F<'e.~~ TRUSTEE TRUSTEE On rr.-=~::......:.______.,~,.__~~~~----=----'----------------------before me, --=-'-,-'-'-"='---'--'-=-____::""--=-~~==:;,.;-----' Notary Public (here insert name and title of the officer), '('n '4!. ~--------------------------------~-----1 who proved to me on the basis of satisfactory evidence to be the person~whose nameJa~aFe"subscribed to the within instrument and acknowledged to me that ~~ executed the same in~ir authorized capacity(j~, and that b ~~ir signatur~on the instrument the perso~ or the entity upon behalf of which the perso~J!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. · CE-149 (trstcert) STEPHANIE GUZMAN ~ Commission # 1972427 ~ :~_..... . ~ ~ Notary Public -California ~ z ·"!'" '· Fresno County ~ t •.: :· • vMl so~"l· ixeir:s tP£ 1\2~1 tl Page 2 of 2 AGREEMENT FOR PURCHASE AND SALE OF PROPERTY EASEMENT AND ESCROW INSTRUCTIONS AND TEMPORARY CONSTRUCTION EASEMENT RENT Friant-Kern Raw Water Pipeline Project WC00038 THELMA BECKER, AS TRUSTEE OF THE MARITAL DEDUCTION TRUST ESTABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23, 1998 AND AS TRUSTEE OF THE CREDIT SHARE TRUST ESTABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23 , 1998 ; and KNOX BLASINGAME , AS TRUSTEE OF THE SURVIVOR 'S TRUST ESTABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23 , 1998 , hereinafter collectively called the "Seller," without regard to number or gender, hereby agrees to sell to the CITY OF FRESNO, a municipal corporation , hereinafter called the "City," the hereinafter described property easement on the following terms and conditions: 1. Subject Property. The real property which is the subject of this Agreement is situated in the County of Fresno, State of California and may hereinafter for convenience be referred to as the "Subject Property," being a permanent property easement and Temporary Construction Easement ("TCE") within of Assessor's Parcel Number 581-010-14 & 15, and which is more particularly described as : Exhibits "A" "B" "E" and "F " relative to the Permanent Property Easements and Exhibits "C" "D" "G" and "H" for the Temporary Construction Easements attached hereto, and by reference made a part of hereof. 2 . Purchase Price. The City shall pay to Seller the total purchase price of Forty- One Thousand Five Hundred Fifty dollars ($41 ,550) ("Purchase Price") as just compensation for the permanent easement together with Three Thousand One Hundred and Thirty dollars ($3, 130)/year, or any portion thereof, as rent for a temporary construction easement ("TCE Rent"), subject to monthly proration as needed , for the duration of the City's use of the Temporary Construction Easement. The first year of TCE Rent will be paid in advance, is nonrefundable, and will be received by Seller within thirty (30) days of the City's issuance of the Notice to Proceed. If more than one year of TCE rental is required, the remainder of the TCE Rent due to Seller will be paid upon completion of the project, prorated, per the conditions set forth above. The terms of the Temporary Construction Easement shall not merge with the deed for the permanent property easement , and shall survive recordation of the permanent property easement . All payments shall be made to the Sellers in proportion to their respective interests in the Subject Property . 3. Temporary Construction Easement. It is understood and agreed by and between the parties hereto that the Temporary Construction Easement granted to the City in this transaction is for the purpose of allowing the City or its authorized Contractor to enter upon the remaining property of Seller, where necessary , within the temporary construction easement area, and to use equipment and materials thereon, for the purpose of constructing a new raw . Page 1 of 7 water pipeline . Said easement imposes upon the City the obligation to exercise such rights where required by the construction project and to leave Seller's remaining property in like condition as found, or better. The City 's rental of the Temporary Construction Easement shall commence upon issuance of a Notice to Proceed to the City 's contractor to start construction , and shall terminate when the City provides written notice to Seller that the use of the Temporary Construction Easement is no longer necessary . 4 . Threat of Condemnation . Seller acknowledges that the City has the power to acquire the Subject Property for public purposes by eminent domain . If title does not pass to the City within the time provided by this Agreement , the City may begin eminent domain proceedings to acqu ire such possession or title . The parties agree and stipulate that the net sum payable to Seller hereunder shall be conclusively deemed to be the total just compensation payable in such proceedings , and th is Agreement may be filed with the court as stipulation upon which judgment may be entered in the eminent domain proceeding as to the just compensation to be paid to Seller . Seller waives all other defenses in said proceeding . 5 . Possession. It is agreed and confirmed by the City and the Seller that notwithstanding other provisions in this Agreement , the right of possession and use of the permanent property easement by the City , including the right to remove and dispose of improvements within the permanent property easement , shall commence on October 1, 2014 , or the close of escrow controlling this transaction , whichever occurs first. The Purchase Price and TCE Rent , includes , but is not limited to , full payment for such possession and use , including damages, if any , from said date . The terms for payment of TCE Rent are set forth in Paragraph 2, above . a . The City will construction temporary fencing around construction area to prevent cattle from entering the construction area . Upon completion of the fence construction, City agrees that it will keep all gates closed except to enter and exit the property . b. Except to the extent of California statutory tort immunities afforded City as a governmental agency , City shall indemnify , defend and hold the Owner harmless from any and all costs , liabilit ies , damages , losses , claims , actions , or proceedings whatsoever, including , without limitation , for injury to persons (including death) which may be claimed to have arisen out of (i) any damage , accident , injury , or other similar occurrences in the Easement Area due to City's negligence or misconduct ; or (ii) the negligent use , maintenance , or repair of the Easement Area by City , its guests, invitees , agents , or contractors . It is expressly understood and agreed that , notwithstanding anything in this Agreement to the contrary , the liability of Owner , to the extent any exists , shall be limited solely and exclusively to the interest of Owner in and to the Owner Property . Owner agrees that this Agreement shall in no way act to abrogate or waive any immunities available to City under the Tort Claims Act of the State of California . Page 2 of 7 6 . Representations . Seller represents and warrants that: a. It has the authority to make the offer herein made , and that it holds fee title to said real property and can convey the Subject Property free and clear of all liens, encumbrances , and restrictions of record except for the title exceptions noted in 7 .b below. b. To the best of Seller's knowledge , no hazardous substances, as such term is defined by federal or state law, have been stored , discharged or abandoned on , in , or under the easement area , and to the best of the Seller's knowledge , there are no hazardous substances on , in or under said easement area. Seller shall indemnify , hold harmless , and defend the Buyer, its officers , agents , employees, and volunteers from any liability , loss , fines , penalties , forfeitures , claims , expenses , and costs , whether incurred by the Seller, Buyer, or any other third party , arising directly or indirectly from the release , presence or disposal of any hazardous substances or materials (as now or hereafter defined in any law, regulation , or rule) in , on , or about the Property on or before Closing . 7 . Escrow. The sale shall be completed through an escrow to be opened at Chicago Title Company , 2540 W . Shaw Lane , Fresno , California , 93711 (Escrow Officer: Suzanne C . Ford). Said escrow shall be opened upon the following terms and conditions, and the Seller and City by their signature to this Agreement make this paragraph their escrow instructions : a . The C ity shall deposit the sums specified in Paragraphs 2 of this Agreement and the closing costs in escrow upon rece ipt of a demand and statement from said t itle company therefor. b. Payment of said sums , less Seller's cost to clear title , if any , may be made to Seller only when escrow holder possesses and is in a position to deliver to the City a fully executed and acknowledged and recorded grant deed to the subject property , and when said escrow holder stands ready to issue to the City a standard title insurance policy guaranteeing a title to said property in the City free and clear of all liens, encumbrances , and restrictions of record , except for Exception Items 1 , 2 , 3 , 4 , 9 , 10, 11 , 12 , 13, 14 , 16, 17, 18, and 19, contained in the Preliminary Title Report No. 13-45044367-TL dated September 3 , 2013 , from Chicago T itle Company. Notwithstanding the foregoing , Seller shall have no obligation to cancel any Land Conservation Contract executed pursuant to Section 51200 et seq. of the California Government Code that affects the subject property or any portion thereof. The City reserves the right to approve an updated title report prior to close of escrow. c . It is understood that Seller shall be responsible for the payment of all taxes , penalties , redemptions, and costs allocable to the Subject Property . It is further Page 3 of 7 Seller's respons ibility to apply to the County Tax Collector for any refund or decrease in taxes which may be granted. d . The escrow fee , cost of policy of title insurance , recording fees (if any), and all other closing costs shall be paid by the City. Seller will pay any cost to put title to the Subject Property in the condition described in 7.b above . e . Disbursements of the purchase price to be in the amounts , at the times , and in all respects in accordance with the terms and conditions and subject to the limitations of th is Agreement . f . Consent and Subordination from all holders of a Deed of Trust to the property shall be provided prior to close of escrow by Chicago Title Company . 8. Miscellaneous Provisions . a . Waiver . The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement . No provision of this Agreement may be waived unless in writ ing 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 . b . Governing Law and Venue. This Agreement shall be governed by , and construed and enforced in accordance with , the laws of the State of California . Venue for purposes of the fil ing of any act ion regarding the enforcement or interpretation of this Agreement any rights and duties hereunder shall be in Fresno , California . c. 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 interpretat ion or meaning of the prov isions of this Agreement . d . Severability . The provisions of this Agreement are severable . The invalidity , or unenforceability or any one provision in this Agreement shall not affect the other provisions. e. 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 any party , but rather by construing the terms in accordance with their generally accepted meaning . f . 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 , Page 4 of 7 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. g . 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. h. 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 . i. Exhibits and Attachments . Each Exhibit and Attachment referenced herein is by such reference incorporated into and made a part of this Agreement for all purposes . j . 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 the City and the Seller. k . Continuing Force and Effect. This Agreement is binding upon the heirs, assigns, successors in interest, estates , guardians , conservators, devisees and legatees , purchasers, or anyone else who claims any interest of whatever type in the Subject Property . 9. Time of Essence . Time is of the essence of each and every term , condition and covenant hereof. 10. Condition Precedent. It is understood and agreed that as a condition precedent hereto, this Agreement shall have no force and effect until approved by the Council for the City of Fresno. This Agreement is to remain open for one hundred and twenty (120 days) from the date hereof, and that upon its duly authorized execution within said time by the City, this Agreement shall become a contract for the purchase and sale of Subject Property binding upon Seller and City , their heirs, executors, administrators, successors in interest , and assigns . REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. SIGNATURES APPEAR ON NEXT PAGE. Page 5 of 7 Signature Page IN WITNESS WHEREOF the Seller and Buyer have signed this Agreement on the dates and in the year set forth below. RECOMMENDED FOR APPROVAL By:-------=---=------------ Brock D . Buche Supervising Professional Engineer City of Fresno-DPU-Water Division Date : _____________ _ BUYER : CITY OF FRESNO, a municipal corporation By : ______________ _ Thomas C . Esqueda, Director City of Fresno-DPU -Water Division Date : _____________ _ Address of City : City of Fresno Water Division 1910 E. University Avenue Fresno, CA 93703-2927 ATTEST: Yvonne Spence City Clerk By : _____________ _ Deputy SELLERS : Thelma Becker, as Trustee of the Marital Deduction Trust established under The Becker Family Trust dated December 23 , 1998 and as Trustee of the Credit Share Trust established under The Becker Family Trust dated December 23, 1998, as to a total undivided 55% interest ($22 ,852 .50) Date : Oc..-~be-r ~o, .2-0\Y Knox Blasingame, as Trustee of the Survivor's Trust established under The Becker Family Trust dated December 23 , 1998, as to an undivided 45% interest ($18 ,697 .50) Date : _____________ _ Address of Sellers for purposes of this Agreement: Gilmore , Wood , Vinnard & Magness 10 River Park Place East, Suite 240 Fresno, California 93720 Attn: Marcus D. Magness , Esq. APPROVED AS TO FORM : Douglas T Sloan City Attorney B ~--------- Page 6 of 7 Signature Page IN W ITNESS WHEREOF the Seller and Buyer have signed this Agreement on the dates and in the year set forth below. RECOMMENDED FOR APPROVAL By : ______________ _ Brock D. Buche Supervising Professional Engineer City of Fresno-DPU-Water Division Date : ______________ _ BUYER : CITY OF FRESNO , a municipal corporation By : ______________ _ Thomas C . Esqueda , Director City of Fresno -DPU -Water Division Date : ______________ _ Address of City : City of Fresno Water Division 1910 E. University Avenue Fresno , CA 93703-2927 ATTEST : Yvonne Spence City Clerk By : ~---------------Deputy SELLERS : Thelma Becker , as Trustee of the Marital Deduction Trust established under The Becker Family Trust dated December 23 , 1998 and as Trustee of the Credit Share Trust established under The Becker Family Trust dated December 23 , 1998 , as to a total undivided 55% interest ($22 ,852 .50) Date : ______________ _ ingame , as Tru te of the Survivor 's Trust established under e Becker Family Trust dated December 23 , 1998, as to an undivided 45% interest ($18 ,697 .50) Date:-+-=,L 0-+-/1---c;;s-,L--)-f---+-U-+-1 --- Address of Sellers for purposes of this Agreement: Gilmore , Wood , Vinnard & Magness 10 River Park Place East , Suite 240 Fresno , California 93720 Attn : Marcus D. Magness , Esq . APPROVED AS TO FORM : Douglas T . Sloan City A~: By :--+-~.L--__,.,__....,.:.. ________ _ D y Page 6 of 7 Attachments: Exhibit A: Legal Description-Permanent Easement (-14) Exhibit B: Permanent Easement Depiction (-14) Exhibit C : Legal Description-Temporary Easement (-14) Exhibit D: Temporary Easement Depiction (-14 ) Exhibit E: Legal Description-Permanent Easement (-15) Exhibit F: Permanent Easement Depiction ( -15 ) Exhibit G : Legal Description-Temporary Easement (-15) Exhibit H: Temporary Easement Depiction (-15 ) Exhibit 1: Preliminary Title Report 3319-22\003 10403.001 Page 7 of 7 APN: 581-010-14 (Portion) Construction Easement EXHIBIT "A" Page 1 of 1 All that portion of the southeast quarter of Section 4, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, situate in the County of Fresno, State of California, according to the Official United States Government Township Plat thereof, being more particularly described as follows: An easement for construction purposes 35.00 feet wide more particularly described as follows: The easterly 100.00 feet of the northerly 408.40 feet of the west half of the southeast quarter of said Section 4 Excepting therefrom: The easterly 65.00 feet of the northerly 373.40 feet of the west half of the southeast quarter of said Section 4. Containing an area of 16,572 square feet, more or less. 2010-071T 15-A-8772T WJ NO. 5354 END OF DESCRIPTION Dole Signed.&/.3/.zcU _ w. 1/2 S.E. 1/4 SEC. 4, 12/21 ... -I 0 0 I 00 I() 408.40' !'-..-100' EXHIBIT "B" 55'- l I _, 373.40' LOT 53 TRACT No. 2137 LEGEND LOT 54 AREA FOR TEMPORARY CONSTRUCTION PURPOSES (16,572 sa. FT.) TRACT No. 2137 "APPALOOSA ACRES" VOL. 23 OF PLATS. PG-S. 66-67 F.C.R OAT£ SIGNED: St~/ztJt ( LOT 55 TRACT No. 2137 ,~ = 80' SCALE IN FEET 0 40 80 160 E. LI NE OF W. 1/2 OF _s--f S.E. 1/4 SEC . 4, 12/21 I --PROVOST& RE f . & REV. 201 0-071T PLA T NO. 0002 WJ 5354 C I T Y OF F R E S N 0 DEPARTMEN T OF PUBLIC WORKS PORnON of S.E. 1/4, SEC. 4, T.12 S., R.21 E., M.D.B. & M. for TEMPORARY CONSlRUCnON PURPOSES PROJ. 10 . F'UNO NO. ORG. NO . DA TE SCALE PRITCHARD FM*"Sd*b'M /titJ~o..Jc:..-... ---...-. 0:. ~ l5h»Cl ~ SHEET NO. _1 _ OF ...L_ SHEETS 15-A-8772T APN : 581-010-14 (Portion) Pipeline Easement EXHIBIT "A" Page 1 ofl All ofthat portion ofthe southeast quarter of Section 4, Township 12 South, Range 21 East, Mount Diablo Base and Meridian. situate in the County of Fresno, State of California, according to the Official United States Government Township Plat thereof, being more particularly described as follows : An easement for pipeline purposes 65.00 feet wide more particularly described as follows: The easterly 65 .00 feet of the northerly 373.40 feet of the west half of the southeast quarter of said Section 4. Containing an area of 0.56 acres, more or less. 2010-071 15-A-8772 WJNO. 5354 END OF DESCRIPTION Dat e J._ k. S igned ff~/~Cf( EXHIBIT "B" I NORTH UNE OF TH E j --SE 1/4 SEC . 4, 12/21 ------I 0 WEST 1/2 OF THE SE 1/4 OF SEC. 4, 12/21 1" = 80' SCAL£ IN FEET APN: 581-010-14 40 80 160 LEGEND AREA TO BE DEEDED FOR UNDERGROUND PIPEUNE PURPOSES (0.56 ACRES) F.C.R. FRESNO COUNTY RECORDS 373.40' I EAST UNE OF WEST 1/2 ~ OF SE 1/4 SEC. 4, 12/21 I DATE SIGNED: 8/$/2o ll RET . & REV. 2010-071 PLAT NO . 0002 WJ 5354 C I T Y OF F R E S N 0 DEPARTMENT OF PUBLI C WORKS PORTION of S.E. 1/~. SEC. 4, T.12 S., R.21 E., W.D.B . .t W. To be Deeded fer PIPEUNE PURPOSES LOT 53 TRACT No. 2137 LOT 54 TRACT No. 2137 "APPALOOSA ACRES" VOL. 23 OF PLATS, PCS. 66-67 F.C.R. 65' LOT 55 TRACT No. 2137 11NA PROVOST & PRJTCHAR D E"i''i 15'1!. ''il ........... OoMoM ~ ..... ~ .... =~~~ PROJ. 10 . FUNO NO. ORG . NO . OR. BY _.:::BW::..:;.G__ SHE£T NO. _1_ 15-A-8772 CH . BY l.tOH OF _1-SHEETS DA TE 07/21/11 SCALE 1" • 80' APN: 581...010-14 (Portion) Construction Easement EXHIBIT "C" Pagel ofl All that portion of the southeast quarter of Section 4, Township 12 South, Range 21 East, Mount Diablo Base and Meridian. siru.ate in the County of Fresno, State of Ca.J.ifornia, according to the Official United States Government Township Plat thereof, being more particularly descn"bed as follows: An easement for co.ostruction purposes 35.00 feet wide more particularly described as follows: The easterly 100.00 feet of the northerly 401t40 feet of the west half of the southeast quarter of said Section 4 Excepting therefrom: The easterly 65.00 feet of the northerly 3 73.40 feet of the west half of the southeast quarter of said Section4. Containing an area of 16.5 72 square feet, more or less. 2010-071T 15-A-8772T WJ N0.5354 E!\'D OF DESCRIPTION EXHIBIT "D" L N. UNE OF S.t: .. 1/4 SEC 4, 12/21 --------~T-- LOT 53 TRACT No . 2137 w. 1/2 S.E. 1/4 SEC. 4, 12/21 • I 0 0 J -a:l 10 LEGEND r7'A AA'i.A FOR itYPORARY ILLJ CONSTRUClle»> PURPOSES (16,572 SQ. F"T.) LOT 54 TRACT No. 2137 ''APPALOOSA ACRES" VOL. 23 OF PLATS, PGS. 66-67 F.C.R DAlE 9<Jm "k£tt LOT 55 TRACT No . 2137 0 ,. "" 80' SCALE: IN FEET 160 E. UNE OF W. 1/2 OF__r--/ S.E. 1/4 SEC. 4, 12/21 I •• PRO VOST& PRITCHARD R£F'. dr REV. 2010-0711 P1.A T NO. 0002 WJ S3S4 C I T Y OF F R E S N 0 DEPARTMENT Of" PUBLI C WORKS PCifTION of s.£. 1/-4, SEC. 4, T.12 S., R.21 E.. M.O.S. tt W. fflf' l"ElAPORARY CONS1RUCTIOH PURPOSES Pf!OJ. fO . f1JND NO. ORG. NO. OR. BT ~IW.:;_C __ SHEtT NO. _1_ CH. BY II.DH OF _1 _ SHEr.'S 0'7 /ZJ/11 I " -80' 15-A-8772T APN: 581-010-15 (Portion) Pipeline Easement EXHIBIT "'E" Page 1 ofl All that portion ofthe fractional northeast quarter and the fractional northwest quarter of Section 4, Township 12 South, Range 21 East, Mount Diablo Base and Meridian. situate in the County of Fresno, State of California, according to the Official United States Government ToWDShip Plat thereof, being more particularly described as follows: An easement for pipeline purposes 65.00 feet wide more particularly described as follows: The southerly 65.00 feet of the west half of the fractional nonheast quarter of said Section 4. TOGETHER WITH: The southerly 65.00 feet ofthe fractional northwest quarter of said Section 4. Containing an area of 5.92 acres, more or less. 2010-072 15-A-8773 WJNO. 5354 END OF DESCRIPTION I EXHIBIT "F" ~EAST U~E OF THE W ~/2 OF 'THE NE 1/4 OF SEC110N 4, 12/21 w. 1/2 N.E. 1/4 SEC. 4. 12/21 __ j_ __ APN : 581-010-1 5 N.W. 1/4 SEC. 4 . 12/21 LEGEND P7'77A AREA TO BE DEmEO FOR UNDERGROUND rLL;(J PfPEUNE PURPOSES (5.92 ACRES) /2: ,. = 500' SCALE IN FEET ' 0 250 500 1000 -~WE: UNE Or ~ NW 1/+ Of SEC110N 4, 12/21 REF . &-REV. 2010-072 PLAT NO . 0002 WJ 5354 C I T Y OF F R E S N 0 DEPARTMENT OF PUBUC WORKS POR110N of SEC.. 4, T.12 S.. R.21 E., W.O.S. 6: W. To be Deeded for PIPEliNE PURPOSES SOUTH UHE OF THE NE 1/4 OF SECllON 4, 12/21 w. 1/2 S.E. 1/4 SEC. 4, 12/21 ----- N.E. 1/4 s.w. 1/4 SEC. 4 . 12/21 SOUTH UNE Of THE NW 1/• OF SECllON 4, 12/21 N.W. 1/4 s.w. 1/4 SEC. 4 . 12/21 -- M§l PROVOST& PRITCHAR D I '*II .-.-...o-..~ -...---f:.':l --=:~ PROJ. 10 F\JHD NO. ORG. NO. OR . BY _::.:;:BM.::_G __ SHEZT NO. _1_ CH. BY t.IOH OF _,-SHELTS OA T( 07 /21 /j l SCA!.£ 1• • 50Cf 15-A-8773 APN: 581 -010-15 (Portion) Construction Easement EXHIBIT "G" Page 1 of 1 All that portion of the fractional northeast quarter and the fractional northwest quarter of Section 4, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, situate in the County of Fresno, State of California, according to the official United States Government Township Plat thereof, being more particularly described as follows: A:n. easement for construction purposes more particularly described as follows: The northerly 25.00 feet of the southerly 90.00 feet of the west half of the fractional northeast quarter of said Section 4, EXCEPTING THEREFROM the easterly 60.00 feet thereof. TOGETIIER WITH: The westerly 30.00 feet of the easterly 60.00 feet of the northerly 591.00 feet of the southerly 656.00 feet of the west half of the fractional northeast quarter of said Section 4. TOGETHER WITH: The easterly 30.00 feet of the northerly 150 .00 feet of the southerly 656.00 feet of the west half of the fractional northeast quarter of said Section 4. TOGETHER WITH : The northerly 25.00 feet of the southerly 90.00 feet of the fractional northwest quarter of said Section 4. Containing an area of 2. 7 S acres, more or less. 2010-072T 15-A-8773T WJN0.5354 END OF DESCRIPTION ~~._2._17._0_'14_ EXHIBIT "H" I f------- --l 591' --J150't---.... "-s ... ,.,.,....,. EAST UNE OF 1HE W 1/2 OF l'HE NE 1/-4-Of' SEC110N 4, 12/2t w. 1/2 SOUlli LINE OF lHE NE 1/4 OF SECllON 4. 12/21 w. 1/2 S.E. 1/4 SEC. 4, 12/21 j_ l N.E. 1/4 SEC. 4, 12/21 ~=:::::,.-___ -----t---11-t-------- APN: 581-010-15 DATE SIGNED: Zh/14: N. w. 1/4 SEC. 4, 12/21 LEGEND REF. & REV. 201~0721 Pl.A T NO. 0002 WJ 5354 AREA FOR TEUPORARY CONSTRUCllON PURPOSES (2. 75 ACRES) 0 /:z 1· = soo· SCAlE IN F'EET 250 500 1000 \o\BT LINE OF 'THE NW 1/4 OF SEC110N 4, 12/21 CITY OF FRESNO CEP ARTMENT OF PUBLIC WORKS POR'na. of SEC. 4, T.12 S., R.21 E., M.D.B. a: W. for 'J'EMPORARY CONSTRUC110N PURPOSES I SOUlH UN£ OF' lHE NW 1/4 OF' SEC11CIN 4, 12/21 N.E. 1/4 S.W. 1/4 SEC. 4. 12/21 r---- 65' N.W. 1/4 S.W. 1/4 SEC. 4, 12/21 PROVOST& PRITCHARD EXHIBIT 11 1" CHICAGO TilLE COMPANY PREUMINARY REPORT In response to the applicatkm for a po[zy of title insurance referenced herein, Chicago Title Company hereby reports that iUs 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 os an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Um;tations on Covered Risks of said policy or policies are set forth in Attachment One. 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 CL TA and ALTA Homeowners Policies of Trtle Insurance whiCh establish a Deductible Amount and a Maximum Dollar Lim;t of Uabifity for certain coverages iJre also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which Issued this report. T/!is 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~ II ff Js desired that liabl1ity be assilmed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The po//cy{s) of t1tle insurance to be issued hereunder will be pol.icy(s) of Chicago Title Insurance Company, a Nebraska corporation. Please read the exceptions shown or referred. to herein and the exceptions and exclusions set forth in Attachment One 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/lens, cftifects and encumbrances affecting title to the land. Chicago Title Company = av ~}~L-;- Anuru /{ ~ .......... CLiA Preliminary Rep<>rt l'otm· Modificd{ll/!7106) Visit Us on our Website: www.cttc.com Chicago Title Company ISSUING OFFICE: 2540 W. Shaw Lane, Suite 112 • Fresno, CA 93711 FOR SETTLEMENT INQUIRIES, CONTACT: Chicago litle Company -Fresno Palm 7330 N. Palm Avenue, Suite 101 • Fresno, CA 93711 559 451·3700 • FAX: CALL FOR# PRELIMINARY REPORT Amended Title Officer: Tim Lewis Escrow Officer: Suzanne C. Ford Escrow No.: 13-45044367-SCF Title No.: 13-45044367-A-n Locate No.: CACIT7710 -7710-4450-0045044367 TO: Provost & Pritchard Engineering 286 W. Cromwell Avenue Fresno, CA 93711 ATIN: Ronnie Samuelian PROPERTY ADDRESS: unincorporated area, California EFFECTIVE DATE: September 3, 2013, 07:30A.M. Th e form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy -1990 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. lT11.E TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ROBERT P. BECKER, Trustee of the MARITAL DEDUCTION TRUST ESTABUSHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23, 1998, as to an undivided forty-four (44%) KNOX BLASINGAME, Sole Trustee of the SURVIVOR'S TRUST ESTABUSHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23,1998, as to an undivided forty-five ( 45%) percent interest ROBERT P. BECKER, Trustee of the CREDIT SHARE TRUST ESTABUSHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23, 1998, as to an undivided eleven percent (11%) interest 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BM\BM 07/22/2013 1 CLTA Preltmlnary Report l'<lrm ·Modified (11 /17/06 ) Title No. 13·45044367-A-n Locate No. CACTI7710-7710-4450-0045044367 LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUN1Y OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: The Fractional Northwest quarter; the West half of the Fractional Northeast quarter; the West half of the Southeast quarter and the Northeast quarter of the Fractional Northeast quarter of Section 4, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, according to the Official Plat thereof. EXCEPTING THEREFROM all that portion of the Northeast quarter of the Fractional Northeast quarter of said Section 4, granted to the United States of America by Deed dated January 5, 1940, recorded January 31, 1940 in Book 1825, Page 392 of Official Records, Document No. 3404. APN: 581 -010·14, 15 2 CLTA Preliminary Report Form· Mod illed (li/17/06) Title No . 13-45044367-A-TL Locate No . CACTI7710-7710-4450 -0045044367 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POUCY FORM WOULD BE AS FOLLOWS: 1. Reservations conta ined in the Patent From: To: T he United States of America Alexander Bevins Recorded : December 13, 1881, Book I, Page 458, of Patents Which among other things recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recogn ized and acknowledged by local customs, law and decis ion of the courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the prem ises hereby granted~ as provided by law . Affects: the West half of the Southeast quarter of said sa id land and other property 2. Reservations conta in ed in the Patent From: To: Recorded: The United States of Amer ica Benjamin Birkhead May 23, 1883, Book I, Page 555, of Patents Wh ich among other things recites as follows: Subject to any vested and accrued water rights for mining, agr icultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by local customs, law and dec ision of the courts; and also subject to the right of the propr ietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the prem ises hereby granted , as provided by law . Affects : Government Lot 2 in the Northwest quarter of sa id sa id land 3. Reservations conta ined in the Patent From: To : Recorded : The United States of America Alexander Bevins January 19, 1886, Book L, Page 210, of Patents Which among other things rec ites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufactur ing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by local customs, law and decision of the courtsi and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law . 3 CLTA PrelimtnafY Repo rt Fo rm -Modified (11/17/06) ITEMS : (continued) Affects: lltle No . 13-45044367-A-n Locate No. CACTI7710 ·7710-4450-0045044367 the South half of the Fractional Northwest quarter of said sa id land and other property 4. Reservations contained in the Patent From: To : Recorded : The United States of America George Keller February 27, 1903, Book X, Page 228, of Patents Wh ich among other things recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by local customs, law and decision of the courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom shou ld the same be found to penetrate or intersect the premises hereby granted, as provided by law. Affects: the Fractional North half of the Northeast quarter and the Southwest quarter of the Northeast quarter of sa id said land 5. Property taxes, wh ich are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2013 -2014. 6. Property taxes, including any persona l property taxes and any assessments co ll ected with taxes, for the fisca l year 2012 -2013, Assessor's Parcel Number 581 -010 -14. Code Area Number : 1st Installment : 2nd Installment: Land : Improvements: Exemption: Personal Property: Affects: 076 -071 $460.47 PAID $460.47 PAID $76,691.00 $0.00 $0.00 $0 .00 a portion of said land Property taxes, includ ing any persona l property taxes and any assessments collected with taxes, for the fiscal year 2012-2013, Assessor's Parcel Numbe r 581 -010-15 . Code Area Number: 1st Installment : 2nd Installment: land: Improvements: Exemption: Personal Property: 076-071 $1,237.44 PAID $1,237.44 PAID $206,732.00 $0.00 $0.00 $0.00 4 CLTA Prefimma ry Report Form · Modified (ll/17/06) ITEMS : (continued) Affects: a portion of said land Title No . 13-45044367-A-TL Locate No. CAGn7710-7710-4450-0045044367 7. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 8. Taxes and assessments levied by the Citrus Heights Water District. 9 . Said land lies with in the boundaries of the Fresno Metropolitan Flood Control District and is subject to the potential of the payment of drainage fees and/or the requ irement of construction of drainage facilities as a cond ition of development, reconstruction, additions or alterations associated with said land . If the parties involved in this transaction des ire further information as to the effect th is resolution may have on said land, they may contact Fresno Metropol itan Flood Control District at (559) 456-3292. 10. Easement{s) for the purpose(s) shown below and rights inc idental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: Pacific Gas & Electric Company, a California Corporation Public Utilities November 6, 1953, Instrument No. 60572, Book 3367, Page 263, of Official Records as described therein 11. Easement(s) for the purpose{s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose : Recorded : Affects: Garfield Water District construction, insta ll ation, use, replacement and repa ir of a pipel ine and appurtenances thereto to bring Central Valley Project water from the Friant- Kern Canal to Garfield Water District and the landowners therein October 7, 1966, Instrument No . 72398, Book 5365, Page 119, of Officia l Records a parcel or strip of land located in Section 4, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, being a portion of the West half of the Southeast quarter of said Section 4, more particularly described in said document And by Amendment recorded August 7, 1967, as Document No. 52883 i n Book 5467, Page 595 of Official Records. 5 etTA Prelimin ary Repo:t Form· Modified {11 /17/06) ITEMS: (continued) lltle No. 13-45044367-A-TL Locate No. CACTI7710-7710-4450-0045044367 12. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: Garfield Water District right of way for the maintenance, repair and replacement of a pipeline for distribution of Central Valley Project water November 1, 1966, Instrument No. 79256, Book 5373, Page 155, of Official Records a parcel or strip of land located in Section 4, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, being a portion of the West half of the Southeast quarter of said Section 4, more particularly described n said document 13. Terms, Conditions and Obligations as contained in that Right of Way Deed from Garfield Water District to the United States of America, recorded July 28, 1967 in Book 5464, Page 283, as Document No. 50632, and re-recorded August 8, 1967 in Book 5468, Page 142, as Document No. 53145 of Official Records. Reference is made to said document for full particulars. 14. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: Pacific Gas & Electric Company public utilities February 1, 1985, Instrument No. 85010218, of Official Records as described therein 15. Covenants and restrictions imposed by a Land Conservation Contract executed pursuant to Section 51200 et seq. California Government Code. Dated: Executed by: Recorded: Affects: Not shown The County of Fresno and Robert P. Becker and Barabara M. Becker February 16, 1988, Instrument No. 88016923, of Official Records This and other property A Notice of Partial Non-Renewal Land Conservaton Contract affecting a portion of said land recorded August 30, 1994 as Instrument No. 94-135050, Official Records A Notice of Partial Non-Renewal Land Conservaton Contract affecting said land recorded September 8, 2005 as Instrument No. 2005-0209747, Official Records 6 CLTA Prelominary Report form-Modif•ed (ll/17/0&) ITEMS: (continued) lltle No. 13-45044367-A-TL Locate No. CACTI7710-7710-4450-0045044367 16. A MEMORANDUM OF OPTION AGREEMENT dated August 27, 2010, by and between Robert P. Becker, as trustee of THE MARITAL DEDU010N TRUST created under the Becker Family Trust dated December 23, 1998; Robert P. Becker, as trustee of THE SURVIVOR'S TRUST created under the Becker Family Trust dated December 23,1998; and Robert P. Becker, as trustee of THE CREDIT SHARE TRUST created under the Becker Family Trust dated December 23,1998 (collectively "Owner"), and BLASINGAME COPPER RANCH, LLC, a California limited liability company (as successor in interest to Curtis K. Blasingame, Brenda J. Helsel and Kerin D. Blasingame and herein "Optionee"), recorded January 31, 2011 as Document No. 2011-0015903 of Official Records . Reference is made to said document for full particulars. 17. Matters contained in that certain document entitled "CERTIFICATION OF TRUST FOR THE MARITAL DEDUCTION TRUST OF THE BECKER FAMILY TRUST UNDER TRUST AGREEMENT DATED DECEMBER 23,1998" dated , executed by Robert P. Becker recorded February 1, 2011, Instrument No. 2011- 0016029, of Official Records. Reference is hereby made to said document for full particulars. 18. Matters contained in that certain document entitled "CERTIFICATION OF TRUST FOR THE SURVIVOR'S TRUST OF lliE BECKER FAMILY TRUST UNDER TRUST AGREEMENT DATED DECEMBER 23,1998" dated , executed by Robert P. Becker recorded February 1, 2011, Instrument No. 2011- 0016030, of Official Records. Reference is hereby made to said document for full particulars. 19. Matters contained in that certain document entitled "CERTIFICATION OF TRUST FOR THE CREDIT SHARE TRUST OF THE BECKER FAMILY TRUST UNDER TRUST AGREEMENT DATED DECEMBER 23,1998" dated , executed by Robert P. Becker recorded February 1, 2011, Instrument No. 2011 - 001603 1, of Official Records. Reference is hereby made to said document for full particulars. 20. As of this report date, we find no open deeds of trust of record. Please verify with escrow personnel and/or agents whether or not we have overlooked something and advise the tltle department accordingly prior to close of escrow. Note 1. Note 2. END OF ITEMS The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated judgments entered in actions filed by both the Attorney General and private class action plaintiffs for the herein described property. There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this report . 7 CLT A Pre lim •na ry Re pert Forrn • Mo<ltfoed (ll/!7/06) NOTES : (continued) Title No. 13-45044367-A-TL Locate No . CACTI7710-7710-4450-0045044367 Note 3. Note 4. Note 5. Note 6. The charge for a policy of title insurance, when issued through this title order, will be based on the Short Term Rate. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported here in that fits this category, the statement is to be included in the manner described. Wiring instructions for Chicago Title Company, Fresno, CA, are as follows: Receiving Bank: ABA Routing No.: Credit Account Name: Credit Account No.: Escrow No.: Bank of America 275 Valencia Blvd, 2nd Floor Brea, CA 92823 -6340 026009593 Chicago Title Company -Fresno Palm 7330 N. Palm Avenue, Suite 101, Fresno, CA 93711 12354-83953 13-45044367 -SCF These wiring Instructions are for this specific transaction involving the Title Department of the Fresno office of Chicago Title Company. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third-party service. If the above requirements cannot be met, please call the company at the number provided in this report . END OF NOTES 8 CLTA Preliminary Report FoiTll ·Modified (11/17/06) + + NOTE fhi1 Ill@ •I lot AUfUtr~IW Pi,J'~I Oltfy, II 4110( tO Of C~lb'llild U J)(lltr•V'r'g ,.Qai~JhipDfdi>hionacxQMtor ~ffoll'~()t"~-. (lei) @s ...__.. 20.00Ac . @s 40.00Ac. SEC . 4, T. 12 S., R. 21 E .. M.D.B. & M. (8)s 40.00Ac. ::g tO @ 0s «J.OO.Ac. ~~·~i .~------i ______ ___JL_ _____ __J @ Agricultural PreseNe Parcel Map No . 7603-Bk.56, Pgs . 57·58 NOTE · A5.s ossor·.s IJioc!c Nt.mbfJ/$ Shown In EIUpse.s. A.:tAA!.:~nr'$ Par'Cf51 fo/tll'f'bMA Shown In CJrdas. Ta)( Rat e Area 16~~1 581-01 Assessor's Map Bk. 587 • Pg. 01 County o/ Fresno, Calif. 0 ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-l-87) EXCLUSIONS [n 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 any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land U!';C • improvements on the land • land division • enviroruncntal protc::ction This exclusion does not apply to violations or the entoreement of these matters which appear in the public records at policy date . This exclusion does not limit the zoning coverage described in Items 12 and 13 ofCovcred Title Risks . 2 . The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of th e tak.mg ln addition to the Exclusions, you arc not insured against loss , costs, attorneys' fees, and the expenses resulting from : l . /\ny rights, interests , or claims of parties in possess1on of the lund not shown by the public records. 2. Any easements or liens not shown by the public records . This does not !unit the lien coverage in Item 8 of Covered Title Risks. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date- unless they appeared in the public record'> • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in llcm 8 of Covered Title Ri~ks 4. Failure to pay value for your title . 5. Lack of a right: • to any land outside the area spcci1ica1Jy desctibed and referred to in Item 3 of Schedule A or • in streets, alleys. or waterways that touch your land This exclusion does not limit tl1e access coverage in Item 5 of Covered Title Risks. 3. Any facts about the land which a eon·eet sw'V ey would disclose and w·hich arc not shown by the public records. This docs not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water righ ts or clrums or title to water in or under the land, whether or not shown hy the public records . Attachment L>ne (7/1o. 10} ATTACHMENT ONE (CONTINUED) CALIFORNIA LAND TITLE ASS OCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The lbllowmg mutters an.: expressly excluded from the coverage of thi s policy and the Company will not pay loss or damage , co:;ts , uu orncys' fee s or expenses which ruise by reason of: 1. (a) Any law. ordinance or governmental regulation (including but not limited to building ru1d zoning laws, ordinan.ces, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy , usc, or enjoyment of the land ; (ii) the character , dimensions or location of any improvement now or hereafter erected on the land ; (iii) a separation in ow11ership or a change in the dimensions or area of the laild or any parcel of which the land is or was a part ; or (iv) envi.romnental protection , or the effect 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 dcfec~ lien or cncumbrailce resulting from a violation or alleged violation atTecting the laild has been recorded in the public records at Dote of Policy . (b ) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a noti ce of a defect , lien or encumbrance resulting from a violation or alleged violation aJiecting . the land has been recorded in the: public records at Date ofPolicy. 2. Right:; of eminent domain unless notice of the exercise thereof has been rec orded i11 the: public records at Date ofPoUcy , 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 rcc<>rds at Date of Policy, but created, suffered, as sumed or agreed to by the insured claimant; (b) not known to the Company , not recorded in the public records at Date of Policy, but kno\\-n 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 (c) resulting in loss or damage which would not have been sustained i.f the insured claimant had paid value lor 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 mvner of the indebtedness, to comply with the applicable doing busim:ss laws of the state in which the land is situated . 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereat~ which arises out of the trailsaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law . 6 . Any claim, which ruises out of the transaction vesting in the insured the estate or interest insured by this p<1licy or the trailsaction creating the interes t of the insured lender , by reason of the operation of federal bankruptcy , state insolvency or simi lor creditors' rights laws . SCHED ULE B,PART I EX C EPTIONS F ROM COVE RA GE This policy does not insure against Joss or damage (and the Compaily will not pay costs. attorneys' fees or expenses) which arise by reason of': Taxes or assessments which are not shown as e)o.;sting liens by the record s of uny taxing authority that levies taxes or ass es sments on real property or by the public records . Proceedings by a public agency which may resu.lt in taxes or asses sments. or notices of such proceedings, whether or not shown by the records of such agency or by the public records . 2 . Any fact s. 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 th er.:--or 3. Easement s, liens or encumbrances, or claims thereof, not shown by the public records . PART I 4. Discrepancies , conilict.s in boundary lines , shortage in area , encroachments , or any other fact'> which a correct survey would disclose, ru1d which are not shown by the public records . 5. (a) Unpatented mining c1aims; (b) reservations orcXCt"'J1tions in paten ts 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) ore shown by the public records . 6. Any lien or right to a lien for services, l.abor or material not shown by the public records. ATTACHMENT ONE (CONTlNUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN .POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT-FORM l COVERAGE EXCLUSIONS FROM COVERAGE The ti11lowing matlers arc c:-.-prcssly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: l . (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting. regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land~ (ii) the character, dimensions or location of any in1provement 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 \vhich the land is or \vas a part; or (iv) environmental protection, or the effect of any violation of these laws, ordimmces or governmental rcgululions, except to the ex1ent that a notice of the enforcement thereof or a notice of a defect, li~:n or encumbrance resulting from a violation or alleged violation atl'ecting 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 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 . 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 ony taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Ddccts, liens, encumbrances , adverse claims, or other matters : (a) created, sufiered , assumed or agreed to by the insured claimant; (b) not k:rmw11 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 (except to the extent that this policy insures the priority ofthe lien of the insured mortgage over any statutory lien for services, labor or material or to the c:-.icnt insurance is aftordcd herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in Joss or damage which would not have been sustained if the insured claimant had paid value for th .e insured mortgage . 4 . Unenforceability of the li~ 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 applicable doing business law!'i of the state in which the land is situated. 5. Invalidity or uncnforceability of the lien of the insured mortgage, or claim thereof, ·which arisc:.-s 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 statutory lien for services, labor or materials (or the claim of priority of any statutory lien for sen~ces, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance . 7 . Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by rea.'l<.m of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the subordination ofthe interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure : (a) to tinle.ly record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser fur value or a judgement or hen creditor. The above policy form may be issued to afford either Standard Coverage or E>.'tended Coverage . ln 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' fcc:; or expenses) which arise by reason of: l . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or hy the public records. Proceedings by a puhlic 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. .., 1\ny 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. Easement~, liens or encumbrances. or claims thcreoC not shown by the public records. 4. Discrepancies, conflicts in boundary lines. shortage in area, encroachments, or any other facts which a cotTcct swvey vvould disclose, and which arc not shown by the public records. 5. (a) Unpatented mining claims; (b) rc..<;ervations orexeeptions in patents or in Acts authorizing the issuance thereof; (c) water right~. claims or title to water, whether or not the matters excepted tmder (a), (b) or (c) are shown by the public records . 6. 1\ny lien or right to a lien for services, labor or material not shown by the public records. .'\uathm.:m On~ 7/20/ll) J ATIACHMENT ONE (C ONTINUE D) 2006 AMERICAN LAND TITLE ASS OCIATl ON 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, costs., altomcys' fees , or expenses that arise by reason of: I . (a) Any law, ordinance, pern1il, or governmental regulation (including those relating to building and zoning) restricting , regulating , prohibiting, or relatins to (i) the occupancy , use, or enJoyment of the Land; (ii) the character, dimensions, or location of any improvcml!nt erected on the Land ; (iit) the subdivision ofland; or (iv) environmental protection; or the c!Tccl of any violation of these laws, ordinances, or governmental regulations . This Exclusion I (a) does not modify or limi t the coverage provided under Covered Risk 5. (h) Any govcmmental police power. This Exclusion I (b) docs not modifY or limit the covcn•ge provided under Covered Risk6 . 2 . Rights of eminent domain . This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects , lien s, ..:ncumhrances, adverse claims , or other matters (o) created, sutlcred, assumed , or agreed to by the Insured Claimant ; (h) not Known lo the Company , not recorded in the Public Rt~cords 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 pol.icy; (c) resulting in no loss or damage to the Insured Claimant; (d) nltacbing or created subsequent to Date of Policy (lmwever, this docs not modify or limit the coverage provided under Covered Risk ll, 13, or J 4 ); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4 . Uncnforceability of the lien of the Insured Mortgage tx.'Causcof 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 1nsurcd Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law . 6. Any claim, by rca. on of the operation of federal bankmptcy , 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 asscssmcnlS imposed by governmental authority and created or allaching between Date ofPolicy and the date of recording of the Insured Mortgage in the Public Records . This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or ExtendL'd Coverage. In addition lo the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include Ute following Exceptions from Coverage : EXCEPTI ONS FROM COVERAGE Thi s policy does not in:ure against loss or damage (and the Company will not pay costs, attorneys ' fees or expenses) that arise by reason of: I . (a) Taxes or a;;scssments that are not shown as existing li~.'lls by the records of any taxing authority that lc'vies taxes or assessments on real property or by the Public Records ; (b) pr oc eedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by U1e records of such agency or by the Public Records . 2. Any fact s. rights, intere:;ts , or claims that are not shown by the Public Records but that could be ascertained by an inspection _,r the Land or that may be asserted hy persons in possession of the Land . 3. Easetnents, liens or encutnbrunces, or claims thc...Tcot: not sho\vn by the Public Records . 4 . Any encroachment , t:ncumbrance , violation , variation , or adverse circumstance affecting the Title that would be discloSte-d 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, whelhc:r or not the mutters excepted under (a), (b), or (c) are shown by the Public Record;;. 6. Any lien or right to n lien for services, labor or material not shown by the Public Records. Att:tchm cnt unc (711·~10) ATTACHMENT ONE (C ONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following mutters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' tee s or expenses which arise by reason of: I . (a) Any law , ordinance or governmental regulation (including hut not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, usc, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land ; (iii) a separation in ownership or u 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 effect of any violation of these laws, ordinances or governmental regulations , except to the extent U1at a notice of the enlbrccmcnt 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 llie exercise 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 . 2. Right s of eminent domain un le ss notice of the exercise thereof has been recorded in the public records at Date of Policy , but not excluding fi·om 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 claim:;, or other mutters : (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 Vlliting to th.: Company by the insured claimant prior to the date the insured claimant became an insured und<.:r 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 lo ss or damage which would not have been sustained ifthe insured claimant had paid value for lhc estate or interest insured by this policy. 4 .. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by lliis policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by thi~ policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure : (a) to timely record the instrument of transfer ; or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien t.'Teditor . The above policy fonn may be issued to aftbrd either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will abo include the following Exceptions from Coverage : EXCEPTLONS FROM COVERAGE This policy docs not insure against loss or damage (and the Company will not pay costs, attorneys' fees or e:-.:penscs) which arise by reason of: 1. Taxes or assessments which arc not shown as existing liens by the records of any taxing authority that levies ta'(cs or assessments on real property or by the public records . Proceeding s by a public agency which may resull 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 , tights, interests or c.lai.ms which are not shown by the puhlic 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 claim<; thereof, not shown hy the public records . 4. Discrepancies , conflicts in boundary lines, shortage in area, encroachments, or any other facts which a con·ect survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exet.j)tions in patent<; or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water , whether or nQt the matters excepted under (a), (b) or (c) arc shown by the public records . G. Any lien or right to a lien for services, labor or material not shown by the public records . 1\!lachnMll On.: ( 7126 , l 0) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters arc exlJressly excluded from the coverage of this policy , and the Company will not pay loss or damage , costs , attorney s' fees , or expenses that arise by reason of: I . (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, rcgul aling , prohibiting, or relating to (i) the occupancy , use, or enjoyment of the Land ; (ii ) the character, dimension ~. or location of any improvement erected on the Land ; (iii) the subdivision ofland; or (iv ) environmental protection ; or the effect of any violation of these laws, ordinances, or governmental regulations . This Exclusion 1 (a) docs not modify or limit the COVL'fage provided under Covered Risk 5. (h) 1\n y governmental police power. Th is Exclusion 1 (b) does not moilify or limit the coverage provided under Covered Risk6 . 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, sufl'ered, 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 9 and I 0); 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 law s, that the transaction vesting the Title as shovvll 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 uttaching between Date ofPolicy and the dutc of recording of the deed or other instrument of transfer in the Public Records that vests Title as sho\\ll in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage . ll1 addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage pobcy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This poli cy do es not insure against los s or damage (and the Company will not pay costs. attomeys ' fees or expenses) that arise by reason of: (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments 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. 1\.ny 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 tht: l'uhlic Records . 4. Anv encroachment, encumbrance, violation, variation, or adverse circumstance a!Iecting the Title that would be d.iselosed 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 i ssuance thereof; (c) water rights , claims or title to water, whether or not the matters excepted under(a), (b), or(c) are shown bytbePublicRccords. 6 Any li<-"11 or right to a lien for services, labor or material not shown by the Public Records . Anachmcnl One (7126 11 0) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS ln addition to the Exceptions in Schedule 8 , You an:.: not insured against loss , costs, attorneys' fees , and expenses resulting from : 1. Govcmmental police power, and the existence or violation of any law or government regulation . This includes ordinances, laws and regulations concerning: b. the raking happened before the Policy Date and i:> binding on You if You bought the Land without Knowing of the taking. a. building b . zoning c . Land use 4. Risks: a. that are created, allowed, or agreed to by You , whether or not they appear in the Public Records:. d. improvements on Land c . Land division b . that are Kno\\11 to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date-, r environmental protection c. that result in no loss to You; or This Exclusion docs not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policv Date. d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.d , 22, 23, 24 or 25 . This Excluston does not limit the coverage dese.ribcd in Covered Risk 14,15,16,17 or24. 5 . failure to pay value for Your Title . 2. lbc failure of Your existing structures , or any part of them, to be constructed .in accordance with applicable building codes. This Exclusion docs not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date . 6 . Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schcdule A; and b. in street'>, alleys, or waterways that touch the Land . This Exclu!>ion docs not limit the coverage described in Covcn:.:d Risk II or 18. 3 The right to take tl1e Land by conderrming it, wlless: a. notice of exe rci sing the right appears in the Public Records at the Policy Daw; or LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18 , Your Deductible Amount and Our Ma,'imum Dollar Limit of Liability shown in Schedule A . The deductible amounts and maximum dollar limits shown on Schedule A arc as follows: Covered Risk 14: Covered Risk 15 : Covered Risk 16: Covered Risk 18: Your Deductible Amount 1.00% of Policy Amount or $2,500.00 (whichever is less) 1.00% ofPolicy Amount or $5.000.00 (whichever is less) 1.00% of Pol icy Amount or $5.000.00 (w hichever is less) 100% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $ 10 .000 .00 $25,000.00 $25.000.00 $ 5.000.00 Au nchmclll (JIW (7/lfi/J 0 J A ITAC~lENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY O:f'TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSlONS In addtt1on to the Exceptions in Schedule 13 , You are not insured against loss, costs, attorneys' fees , nnd expenses resulting from : f . Governmental police power, and the existence or violation of tho se portions of any law or govcnunent regulation concerning: a. bui I ding. b. that are Known to You at the Policy Date, but not to Us , unJess they arc recorded in the Public Records at the Policy Date; b . zoning; c. that result .in no loss to You; or c . land use ; d. improvements on the Lund ; c . land division; and d. that ftrst occur after the Policy Date-this does not limit thl.! coverage described in Covered Ri sk 7, 8.e., 25 , 26 . 27 or28. f. environmental protection. 5 . Failure to pay value for Your Title . This Exclusion docs not limit the coverage described in Covered Risk 8 .a., 14, 15 , 16, 18, 19 , 20 ,23 or 27 . 6. Lack of a right a. to any land outside the area spccificaUy described and referred to in paragraph 3 of Schedule A; and 2. The failure of Your existing structures, or any part of them, to be con structed in accordance with applicable building codes . This Exclusion docs not limit the coverage described in Covered Risk 14 or 15 . b. in streets, alleys , or waterways that touch the Land . This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 3. l be right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17 . 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or convcyanc{! under federal bankruptcy, state insolvency, or similar creditors ' rights laws . 4 . Ri sks : tL th at are created, allowed , or agreed to by You , whether or not the y m·c recorded in the Public Records : LIMlTATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement a:; 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 arc as follows : Covered Risk 16: Covered Risk 18: Covered R isk 19 : Covered Risk 21 : Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2.500.00 (whichever is less) 1.00% ofPoli'-'Y Amount Shown in Schedule A or $5,000.00 (whichwcr is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% ofPolicy Amount Shown in Schedule A or $2.500.00 (whichever is less) Our Maximum Dollar Limit of Liability $ 10 000 .00 $25 .000.00 $25.000.00 $5,000.00 .\U3cluue!lt One (712f>I IO J ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters arc express ly excluded fi·om the coverage of this policy and the Company will not pay loss or damage, costs , attorneys ' fees or expenses which arise by reason of: I . (a) Any law, ordmancc or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) rcsu·icling, regulating, prohibiting or relating to (i) the occupancy, use , or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas or the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or g.ovemmental regulations, except to the c:-.1ent that a nol'ice of the enforcement U1ereof or a notice of a defect, lien or encumbrance resulting from a violation or alle~ed violation aiTcct in g the Land has been recorded in the Public Records at Date of Policy . This exclusion does not limit the coverage provided under Covered Risks 12, 13 , 14, and 16 of this policy . (h) Any governmental police power not excluded by (a) above , c.xccpt to the extent that a notice of the exercise thereof or a notice of a defect , lien or encumbrance resulting from a violation or alleged violation u!Tecting the Land has been recorded in the Public Records at Date of Policy . This e. ·elusion docs not limit the coverage provided under Covered Risks 12, 13, 14,und l6oft1uspolicy . . 2. Rights of eminent domain tmless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but nt1l excluding from coverage any taking which has occurred ptior to Date of Policy which would be binding on the rights of a purchaser lor value without Knowledge . 3. Defects, liens, encumbrances, adverse claims or other matters : (a) created. suffered, assun1ed or agreed to hy the Insured Clatmant; (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 tmdcr U1is policy ; (c) resulting in no loss damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not lin1it the coverage provided under Covered Risks8, 16, 18, 19,20,21,22,23,24,25and26);or (e) re su lting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Im;urcd Mortgage. 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 applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforccahility 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. 1\ny claim of invalidity, uncnforceability or lack of priority of the lien of the lnsurcd Mortgage as to advances or modifications made after the Insured has Knowledge that the ves tee shown in Schedule A is no longt..>r the owner of the ¢State or interest covered by this policy . This exclusion does not limit the coverage provided in Covered Risk 8. 8 . Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all intl:n:st charged thereon, over liens, encumbrances and other matt~.->rs affecting the title, the existence of which arc Known to the Insured at: (a) The time of the advance; or (b) The time a modification is mode to the terms ofU1c Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion docs not limit the coverage provided in Covered Risk 8. 9 . The failure of the residential struc ture , or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. Tlris c:-:ch.tsJon does not apply to violations of building codes if notice of U1e violat10n appears in the Public Records at Date of Policy. •\lllldunclll On~ (7/26 11 0 ) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10) EXCLUSIONS FROM COVERAGE . The following matkTS are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cosLs, attorneys' fees or ex-penses which arise by reason of: I (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! and; or (iv) environmental protection; or the eft'cct of any violation of thl!se laws , ordinances, or govemmental regulations . This Exclusion I (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, l3(e), IJ(d), 14or16. 2. RighL'> of eminent domain . TI1is Exclu~ion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encwnbrances, adverse claims , or other matters (a) created, suffered, assumed, or agreed to by the lnsured Claimant; (b) not Known to the Company, not ·recordcd in the Public Records at Dale of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the lnsured Claimant prior lo the date the Insured Clain1ant became an Insured under this policy ; (c) resulting in no loss or damage to the lnsw·ed Claimant; (d) attaching or created sub::;cqucnt to Date of Policy (however, this does not modify or linlit the cove rage provided under Covered Risk 11 , 16, 17 , 18, 19 , 20, 21 , 22 , 23, 24,27 or 28); or (c) n.:sulting in los s or damage that would not have been sustained if the lnsw·cd Claimant had paid value for the Insured Mortgage. 4. U nenforceability of the lien of the lnsurcd Mortgage l:x:cause of the inability or failure o[ an Insw·ed to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceahility in whole or in part of the 1icn 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 docs 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 modifications made after the fnsured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy . This Exclusion does not modify or limit the coverage provided in Covered Risk 1 1. 7 . Any lien on the Title for real estate taxes or as..<;es:;,ments imposed by governmental authority and created or allnching subsequent to Date of Policy . This Exclu~ion does not modifY or limit the coverage provided in Covered Risk II (b) or 25 . 8. The failure of the res1dcntial structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limitthc coverage provided in Covered Risk 5 or6. 9. 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 tran sfer for any reason not stated in Covered Risk 27(b) of this policy. Auactuuem Unc (7'26.' 10) Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced resident ial property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must-prior to the close of the current transaction -inform the Company of the earlier transaction, provide the address of the property Involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount wh ich is subject to other terms and conditions. Effect ive through November 1, 2014 (pri.,acy)(OS-08) Page 1 of 2 Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other spec ified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Jnfom1ation we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an Interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. (privacy) Page 2 of 2 Effective Date: 5/1/2008 Disclosure to Affiliated Comoanies-We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties-We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access To Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current oolicy is to maintain customers' Personal Information for no less than vourstate's reauired record retention requirements for the ouroose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Changes to this Privacy Statement Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the appl icability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. Th is notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF UndeiWritten Title Company CTC -Ch icago Title Company Available Discounts FNF UndeiWriter CTIC -Chicago Title Insurance Company CREDIT FOR PREUMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POUCIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge. FEE REDUCTION SETTLEMENT PROGRAM (CTC and CTIC) Elig ible customers shall receive a $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State of Ca!Jfornia eta!. v. Fidelity National Title Insurance Company eta/., Sacramento Superior Court Case No. 99AS02793, and related cases. DISASTER LOANS (CTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be SO% of the appropriate title insurance rate . CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the nonnal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% or 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 32% or 50% of the appropriate title insurance rate, depending on the type of coverage selected. CA Discount Notice ( notdlsc·ct) Effective Date: 7/1/2010 State of California ) County of Fresno ) On ________ before me,--------=------- DATE NAME Notary Public, personally appeared, ____________ _ NAME (S) OF SIGNER(S) 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 OF NOTARY FOR CITY OF FRESNO USE ONLY -OPTIONAL SECTION - "' :::;; :::> I >-u. 0 8 0 INDIVIDUAL(S 0 CORPORATE OFFICER(S) TITLE(S) 0 PARTNERS 0 LIMITED OGENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIANSHIP/CONSERVATOR SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) "' :::;; :::> I >-u. 0 Q. g CERTIFICATE OF ACCEPTANCE (Officer) CERTIFICATE OF ACCEPTANCE (Council) In accordance with Section 27281 of the Government In accordance with Section 27281 of the Government Code , th is is to certify that the interest in real property Code , this is to certify that the interest in real property conveyed hereby is accepted by the undersigned office rs conveyed by this instrument to the City of Fresno , a on behalf of the Council of the City of Fresno pursuant to municipal corporation , is hereby accepted by order of the authority conferred by Resolution No . 92-219A of sa id Counci l of the City of Fresno made on the date hereafte r Council , adopted June 9 , 1992 and the grantee consents set forth and the grantee consents to the recordation to the recordation thereof by its duly authorized officer. thereof by its duly authorized officer. Public Works Director ACCEPT ED: By : ___________ Date : ____ _ DEP UTY RECOMMENDED FOR ACCEPTANCE: By: ______________________________ ___ Title: Sen ior Engineering Technician Date:------------------- LogNo .).0/0-07/ DrawingNo. 15-A-8772- Item No ./Reso . No. ____________ _ Date of Council Order: ___________ _ City Clerk By:-----==-=::------Date : ____ _ DEPUTY APPROVED AS TO FORM: c~~ By~ Date : lfftDffli ~~~~~D~E=Pu~n::------~~ Title : Supervising Engineering Technician Date : ---"/.-s{,4.0..:.../-"~~;0_,/'-'-/ __________ _ State of California ) County of Fresno ) On ________ before me,--------:-:--=-------- DATE NAM E Notary Public, personally appeared,------------- NAME (Sl OF SIGNER ($) 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 wh ich 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 OF NOTARY FOR CITY OF FRESNO USE ONLY -OPTIONAL SECTION - m ::; ::J I 1- u. 0 0.. ~ 0 INDIVIDUAL(S 0 CORPORATE OFFICER(S ) TfTLE(S) 0 PARTNERS 0 LIMITED OGENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIANSHIP/CONSERVATOR SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) m ::; ::J ~ u. 0 0.. ~ CERTIFICATE OF ACCEPTANCE (Officer) CERTIFICATE OF ACCEPTANCE (Council) In accordance with Section 27281 of the Government In accordance with Section 27281 of the Government Code , th is is to cert ify that the inte rest in real property Code , this is to certify that the interest in real property conveyed hereby is accepted by the undersigned officers conveyed by this instrument to the City of Fresno , a on behalf of the Council of the City of Fresno pursuant to municipal corporation, is hereby accepted by order of the authority conferred by Resolution No . 92-219A of sa id Council of the City of Fresno made on the date hereafter Council , adopted June 9, 1992 and the grantee consents set forth and the grantee consents to the recordation to the recordation thereof by its duly authorized officer. thereof by its duly authorized officer. Pub li c Works Director ACCEPTED : By: -------:-::--:,..------Date : ____ _ DEP UTY RECOMMENDED FOR ACCEPTANCE: By : _____________________________ ___ Title : Senior Engineering Techn ician Da te: ________________ _ LogNo . .2t'I0-07Z DrawingNo. /5-A-8773 Item No ./Reso . No. ____________ _ Date of Council Order: ___________ _ City Clerk By :-----=-=~-----Date: ____ _ DEPUTY APPROVED AS TO FORM: :~~ DEPUTY Date : 1//11> } tf Title : Superv ising Engineering Technician Date : /~d¢ Recording Requested By: Public Works Department City of Fresno No Fee-Gov't. Code Sections 6103 and 27383 When Recorded, Mail To: Public Works Department City of Fresno 2600 Fresno Street Fresno , CA 93721-3623 ATTN: Bruce Abbott APN 581-010-14 (PORTION) SPACE ABOVE THIS LINE FOR RECORDERS USE DEED OF EASEMENT TH ELMA BECKER , AS TRUSTEE OF THE MARITAL DEDUCTION TRUST ESTABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23 , 1998 AND AS TRUSTEE OF THE CREDIT SHARE TRUST ESTABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23 , 1998 ; and KNOX BLASINGAME , AS TRUSTEE OF THE SURVIVOR 'S TRUST ESTABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23 , 1998, collectively , GRANTORS, hereby GRANT to the City of Fresno, a municipal corporation, GRANTEE, an easement and right-of-way for surface water supply pipeline purposes over, under, through, and across that certain parcel of land situated in the County of Fresno, State of California, more particularly described follows : SEE ATTACHED EXHIBITS "A" and "B ", INCORPORATED HEREIN BY REFERENCE TOGETHER WITH the right to enter upon said land and to use equipment and other material thereon by said City , its agents, employees, contractors, subcontractors and their employees, whenever and wherever necessary for the purpose of construction, reconstruction, enlargement, inspection, operation or repair of said surface water supply pipeline and appurtenances thereto. After the date hereof, GRANTOR shall not place or install any surface obstructions within the easement area; provided, however, that the installation or replacement of fences or gates within the easement area shall not constitute surface obstructions that violate this agreement. Dated : 00\ub-u 30 1 lQ I Y 2010-071 15-A-8772 WJ NO . 5354 Thelma Becker, as Trustee of the Marital Deduction Trust established under The Becker Family Trust dated December 23, 1998 Page 1 Date : ______________ _ 3319-22\00311012.000 2010-071 15-A-8772 WJ NO. 5354 Thelma Becker, as Trustee of the Credit Share Trust established under The Becker Family Trust dated December 23, 1998 Knox Blasingame, as Trustee of the Survivor's Trust established under The Becker Family Trust dated December 23, 1998 Page 2 Dated : _____________ _ Date :---+/-=-+0 /;...L...J..L.:S:~/;_,__i -- 3319-22\00311012.000 2010 -071 15 -A-8772 WJ NO . 5354 Thelma Becker , as Trustee of the Credit Share Trust established under The Becker Family Trust dated December 23 , 1998 - Survivor's Trust amily Trust dated December Page 2 STATE OF CALIFORNIA COUNTY OF FRESNO ) ) ) On October 15, 2014, before me, Stephanie Guzman, a Notary Public, personally appeared Knox Blasingame , who proved to me on the basis of satisfactory evidence to be the person~ whose name(~a;:e-subscribed to the within instrument, and acknowledged to me tha~executed the same in dliSY~r/their authorized capacity_(i.esj, and that byd'llSih.eF!the±r signaturewon the instrument the person~ or the entity upon behalf of which the perso11Wacted, 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. CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On ()c;hbeY ::0, 2014, before me, fy \ ~ ~o '-j C e , Notary Public, personally appeared THELMA BECKER, who proved to me on the basis of satisfactory evidence to be the person(~· whose name~ is/eire subscribed to the within instrument and acknowledged to me that Wshelthq executed the same in fils&er/~r authorized capacity(i~, and that by ~er~r signature (S\ on the instrument the person~ or the entity upon behalf of which the person ~ 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. ...•.•..............•......•. , ~ Q NOTARY ;~:.~~~vg_:LIFOANIA _, C3 ~ COMMISSION# 2068530 f? J.. • •• •: .. ~1 ;~~::?:~c~~~:.~~:o;!.l APN: 581-010-14 (Portion) Pipeline Easement EXHIBIT "A" Page 1 of 1 All of that portion of the southeast quarter of Section 4, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, situate in the County of Fresno, State of California, according to the Official United States Government Township Plat thereof, being more particularly described as follows: An easement for pipeline purposes 65.00 feet wide more particularly described as follows: The easterly 65.00 feet of the northerly 373.40 feet of the west half of the southeast quarter of said Section 4. Containing an area of 0.56 acres, more or less. 2010-071 15-A-8772 WJNO. 5354 END OF DESCRIPTION Date .J....~ Signed ft.7/2.0fl EXHIBIT "B" WEST 1/2 OF THE SE 1/4 OF SEC. 4, 12/21 ,. = 80' SCALE IN FEET APN: 581-010-14 ~~--1--------1 0 40 80 160 LEGEND AREA TO BE DEEDED FOR UNDERGROUND PIPELINE PURPOSES (0.56 ACRES) F.C.R. FRESNO COUNTY RECORDS 373.40' I EAST LINE OF WEST 1/2 ~ OF SE 1/4 SEC. 4, 12/21 I DA 1£ SIGNED: 9/.Jko r l REF . & REV. c I T y OF F R E s N 0 2010-071 DEPARTMENT OF PUBLIC WORKS PLAT NO. 0002 WJ 5354 PORTION of S.E. 1/4, SEC. 4, T.12 S., R.21 E., M.D.B. c!c M. To be Deeded for PIPELINE PURPOSES LOT 53 TRACT No. 2137 LOT 54 TRACT No. 2137 "APPALOOSA ACRES" VOL. 23 OF PLATS. PGS. 66-67 F.C.R. 65' LOT 55 TRACT No. 2137 PROVOST& PRITCHARD '36!4§"fi' "3#9&4 M~OwtWidO!rn.-:y •'liST-.&.......: =~15110702~~ PROJ. 10 . FUND NO. ORG . NO. DR . BY ___::cBM:-:':G __ CH . BY --;::M:;-.DH:::-r.:,-- DAT£ 07/21/11 SCALE 1" -80' SHEET NO. _1 _ OF _1 _ SHE ETS 15-A-8772 APN 581-010-14 (PORTION) GRANT OF TEMPORARY CONSTRUCTION EASEMENT THELMA BECKER , AS TRUSTEE OF THE MARITAL DEDUCTION TRUST ESTABLISHED UNDER T HE BECKER FAM ILY TRUST DATED DECEMBER 23 , 1998 AND AS TRUSTEE OF THE CRED IT SHARE TRUS T ESTABLISHED UNDER THE BECKER FAMILY TRUS T DATED DECEMBER 23 , 1998 ; and KNOX BLASINGAME , AS T RUSTEE OF THE SURVIVOR 'S T RUS T ESTABLISHED UNDER THE BECKER FAMILY TRUS T DATED DECEMBER 23 , 1998, collectively , GRANTORS , hereby GRANT to the City of Fresno, a municipal co rporation , GRANTEE , a temporary construction easement and right-of-way for construct ion of a surface water supply pipeline purposes over, under , through , and across that certain parcel of land situated in the City of Fresno , County of Fresno, State of California , more particularly described follows : SEE ATTACHED EXHIBITS "A" and "B", INCORPORATED HEREIN BY REFERENCE TOGETHER WITH the right to enter upon said land and to use equipment and other material thereon by said City , its agents , employees , contractors , subcontractors and their employees, whenever and wherever necessary for the purpose of construction of said surface water supply pipeline and appurtenances thereto , provided said temporary construction easement shall be extinguished two years from the date of the City's issuance of a Notice to Proceed to the City's selected contractor to start construction . After the date hereof, GRANTOR shall not place or install any surface obstructions within the temporary construction easement; provided , however, that the installation or replacement of fences or gates within the easement area shall not constitute surface obstructions that violate this agreement. Dated: C)c.J:doe v 3o , :2. o 1 '--l Date : _____________ _ 2010-071T 15-A-8772T WJ NO . 5354 33 19-22\0031101 1.000 Thelma Becker, as Trustee of the Marital Deduction Trust established under The Becker Family Trust dated December 23, 1998 Thelma Becker , as Trustee of the Credit Share Trust established under The Becker Family Trust dated December 23 , 1998 Knox Blasingame , as Trustee of the Survivor's Trust established under The Becker Family Trust dated December 23 , 1998 APN 581-010-14 (PORTION ) GRANT OF TEMPORARY CONSTRUCTION EASEMENT THELMA BEC K ER , AS TRUSTEE OF THE MARITA L DEDUCTION TRUST ESTABLISHED UNDER THE BECKER FAM ILY TRUST DATED DECEMBER 23 , 1998 AND AS TRUSTEE OF THE CREDIT SHARE TRUST ES T ABLISHED UNDER THE BECKER FAM ILY TRUST DATED DECEMBER 23 , 1998; and KNOX BLAS INGAME , AS T RUSTEE OF THE SURVIVOR 'S TRUST ESTABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23 , 1998 , collectively , GRANTORS , hereby GRANT to the City of Fresno , a municipal corporation , GRANTEE , a temporary construction easement and right-of-way for construction of a surface water supply pipeline purposes over, under, through , and across that certain parcel of land situated in the C ity of Fresno , County of Fresno , State of California , more particularly described follows: SEE ATTACHED EXHIBITS "A" and "B", INCORPORATED HEREIN BY REFERENCE TOGETHER WITH the right to enter upon said land and to use equipment and other material thereon by said City , its agents , employees , contractors , subcontractors and their employees , whenever and wherever necessary for the purpose of construction of said surface water supply pipeline and appurtenances thereto, provided said temporary construction easement shall be extinguished two years from the date of the City 's issuance of a Notice to Proceed to the City 's selected contractor to start construction . After the date hereof, GRANTOR shall not place or install any surface obstructions within the temporary construction easement; provided , however , that the installation or replacement of fences or gates within the easement area shall not constitute surface obstructions that violate this agreement. Dated : _____________ _ Dated : _____________ _ 2010-0711 15 -A-8772T WJ NO . 5354 33 19-22\00311011.000 Thelma Becker, as Trustee of the Marital Deduction Trust established under The Becker Family Trust dated December 23, 1998 Thelma Becker , as Trustee of the Credit Share Trust established under The Becker Family Trust dated December 23 , 1998 Knox Blasingame , as T established under The B 23 , 1998 ee Survivor 's Trust er Family Trust dated December CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On Q cjobe K ?;,o , 2014, before me,h 10 ~q , Notary Public, personally appeared THELMA BECKER, who proved to me on the basis of sa isfactory evtdence to be the personN whose name()Q is/~ subscribed to the within instrument and acknowledged to me that ~she/t~ executed the same in ~/her~ir authorized capacity~ and that by 1ti&!her/thelr signature(~ on the instrument the person~ or the entity upon behalf of which the person~ 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. ...•••.........•..•........•• , • '@ ERIN BOYCE t •"" NOTARY PUBLIC -CALIFORNIA _, a Ill ~ COMMISSION # 2068530 ~ ~ FRESNO COUNTY My Comm . Exp . June 13, 2018 APN: 581-010-14 (Portion) Construction Easement EXHIBIT "A" Page 1 of 1 All that portion of the southeast quarter of Section 4, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, situate in the County of Fresno, State of California, according to the Official United States Government Township Plat thereof, being more particularly described as follows: An easement for construction purposes 35 .00 feet wide more particularly described as follows: The easterly 100.00 feet of the northerly 408.40 feet of the west half of the southeast quarter of said Section 4 Excepting therefrom: The easterly 65.00 feet of the northerly 373.40 feet of the west half of the southeast quarter of said Section 4. Containing an area of 16,572 square feet, more or less. 2010-0?IT 15-A-8772T WJNO . 5354 END OF DESCRIPTION Date . /. Signed .~i3/2cU _ W. 1/2 S.E. 1/4 SEC. 4, 12/21 ...,. -I 0 0 I (() I() 408.40' EXHIBIT "B" 65'- 1 373.40' LOT 53 TRACT No. 2137 LEGEND LOT 54 AREA FOR TEMPORARY CONSTRUCTION PURPOSES (16,572 SQ. FT.) TRACT No . 2137 "APPALOOSA ACRES" VOL. 23 OF PLATS, PGS. 66-67 F.C.R OA TE SIGNED: S/3/2.()1 ( 1" = eo· LOT 55 TRACT No. 2137 SCALE IN FEET ...... _,--~ 0 40 80 160 E. LINE OF W. 1/2 OF__r--f S.E . 1/4 SEC. 4, 12/21 I --PROVOST& REF . & REV. 2010-071T PLAT NO . 0002 WJ 5354 C I T Y OF F R E S N 0 DEPARTMENT OF PUBLIC WORKS PORTION of S.E. 1/4, SEC. 4, T.12 S., R.21 E., M.O.B. &: M. for lEMPORARY CONSlRUCllON PURPOSES PROJ. 10. FUND NO. ORG . NO. PRITCHARD 1S.1ii'!S'h5 6 ·'fE"If' ·~o-w~ ---.a.-.c Dl~ 1~ .::::..~~ SHEET NO . _1_ OF _1 _ SHEETS 15-A-8772T Recording Requested By : Public Works Department City of Fresno No Fee-Gov't. Code Sections 6103 and 27383 When Recorded, Mail To: Public Works Department City of Fresno 2600 Fresno Street Fresno, CA 93721-3623 ATTN : Bruce Abbott APN 581-010-15 (PORTION) SPACE ABOVE THIS LINE FOR RECORDERS USE DEED OF EASEMENT THELMA BECKER , AS TRUSTEE OF THE MARITAL DEDUCTION TRUST ESTABLISHED UNDER THE BECKER FAM ILY TRUST DATED DECEMBER 23 , 1998 AND AS TRUSTEE OF THE CREDIT SHARE TRUST ESTABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23 , 1998 ; and KNOX BLASINGAME , AS TRUSTEE OF THE SURVIVOR 'S TRUS T ESTABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23 , 1998, collectively , GRANTORS, hereby GRANT to the City of Fresno , a municipal corporation, GRANTEE, an easement and right-of-way for surface water supply pipeline purposes over, under, through, and across that certain parcel of land situated in the County of Fresno, State of California, more particularly described follows : SEE ATTACHED EXHIBITS "A" and "B ", INCORPORATED HEREIN BY REFERENCE TOGETHER WITH the right to enter upon said land and to use equipment and other material thereon by said City, its agents , employees, contractors, subcontractors and their employees, whenever and wherever necessary for the purpose of construction, reconstruction, enlargement, inspection , operation or repair of said surface water supply pipeline and appurtenances thereto . After the date hereof, GRANTOR shall not place or install any surface obstructions within the easement area ; provided , however, that the installation or replacement of fences or gates within the easement area shall not constitute surface obstructions that violate this agreement. 2010-072 15-A-8772 WJ NO . 5354 Thelma Becker, as Trustee of the Marital Deduction Trust established under The Becker Family Trust dated December 23, 1998 Page 1 Date : ______________ _ 00311014.000 2010-072 15-A-8772 WJ NO . 5354 Thelma Becker, as Trustee of the Credit Share Trust established under The Becker Family Trust dated December 23, 1998 Knox Blasingame, as Trustee of the Survivor's Trust established under The Becker Family Trust dated December 23, 1998 Page 2 Date: ______________ _ Date :-+-/-=---+!) 4~~'--1-L=---+/ hj __ 00311014 .000 2010-072 15 -A-8772 WJ NO . 5354 Thelma Becker , as Trustee of the Credit Share Trust established under The Becker Family Trust dated December 23 , 1998 of the Survivor 's Trust amily Trust dated December Page 2 CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On Qc --\-dQei ~, 2014 , before me, br \ ~ ~c.e , Notary Public , personally appeared THELMA BECKER, who proved to me on the basis of satisfactory evidence to be the personN whose nam eW, is/~e subscribed to the within instrument and acknowledged to me that hef she/t~ executed the same in Iti&/her/the.ir authorized capacity~), and that by ~er/tlWi{ signature(~on the instrument the person~ or the entity upon behalf of which the person~ 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. • ERINBOYCE ~ NOJ~Y PUBLIC -CALIFORNIA MMISSION # 2068530 E M FRESNO COUNTY - y Comm . Exp . June 13, 2018 STATE OF CALIFORNIA COUNTY OF FRESNO ) ) ) On October 15 , 2014 , before me , Stephanie Guzman , a Notary Public , personally appeared Knox Blasingame , who proved to me on the basis of satisfactory evidence to be the person~ whose name ~ are subscribed to the within instrument, and acknowledged to me that<liet she/thsy execut ed the same indi!SYh er /their authorized capacity~, and that by <fiEtlh er/their signaturefsj on the instrument the perso~ or the entity upon behalf of which the personfstacted, 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. APN: 5 81-010-15 (Portion) Pipeline Easement EXHIBIT "A" Page 1 of 1 All that portion of the fractional northeast quarter and the fractional northwest quarter of Section 4, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, situate in the County of Fresno , State of California, according to the Official United States Government Township Plat thereof, being more particularly described as follows: An easement for pipeline purposes 65.00 feet wide more particularly described as follows : The southerly 65 .00 feet of the west half of the fractional northeast quarter of said Section 4 . TOGETHER WITH : The southerly 65.00 feet of the fractional northwest quarter of said Section 4 . Containing an area of 5.92 acres, more or less. 2010-072 15-A-8773 WJNO. 5354 END OF DESCRIPTION Dat:J 1. "-Signed .~""-110 ( { I EXHIBIT "B" EAST LINE OF 11-IE W 1/2 OF 11-IE NE 1/4 OF SECTION 4, 12/21 w. 1/2 N .E. 1/4 SEC. 4, 12/21 SOUll-1 LINE OF lHE NE 1/4 OF SECTION 4, 12/21 __ j_ ___ -t-----t71- w. 1/2 S.E. 1/4 SEC. 4, 12/21 ------ APN: 581-010-15 N.W. 1/4 SEC. 4. DATE SIGNED: B/5/Ze ll 12/21 LEGEND AREA TO BE DEEDED FOR UNDERGROUND PIPEUNE PURPOSES (5.92 ACRES) / 2 , ..... 500' SCALE IN FEET I I 0 250 500 1000 ~--r:-WE~T UN£ OF 11-IE NW 1/4 1/ '--~F SECTION 4, 12/21 REF . & REV. 2010-072 PLAT NO . 0002 WJ 5354 C I T Y OF F R E S N 0 DEPARTMENT OF PUBLIC WORKS PORTION of SEC. 4, T.12 S., R.21 E., M.D.B. dt M. To be Deeded for PIPEUNE PURPOSES N.E. 1/4 S.W. 1/4 SEC. 4, 12/21 SOUlH UNE OF 11-IE NW 1/4 OF SECTION 4, 12/21 NW. 1/4 S.W. 1/4 SEC. 4 , 12/21 -- PROVOST& PRITCHARD 595 2H'!Si'ri''Fid'fb' ,.~~cw...,. -'CifCim8lMDU =~ 15&107C2 ~~ PROJ. 10. FUND NO . ORG . NO . SHEET NO . _1_ OF _1 _ SHEETS 15-A-8773 APN 581-010-15 (PORTION) GRANT OF TEMPORARY CONSTRUCTION EASEMENT TH EL MA BECKER , AS TRUSTEE OF THE MARITAL DEDUCTION TRUS T ESTABLISH ED UNDER THE BECKER FAMILY TRUS T DATED DECEMBER 23 , 1998 AND AS TRUSTE E O F THE CREDIT SHARE T RUS T ESTABLISHED UNDER THE BECKER FAMILY T RUST DATED DECEMB ER 23 , 1998 ; and KNOX BLASINGAME , AS TRUST EE OF T HE SURVIVOR 'S T RUST ES TABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23 , 199 8, collectively , GRANTORS , hereby GRANT to the City of Fresno , a municipal corporation , GRANTEE , a temporary construction easement and right-of-way for construction of a surface water supply pipeline purposes over , under, through , and across that certain parcel of land situated in the City of Fresno , County of Fresno , State of California , more particularly described follows : SEE ATTACHED EXHIBITS "A " and "B", INCORPORATED HEREIN BY REFERENCE TOGETHER WITH the right to enter upon said land and to use equipment and other material thereon by said City , its agents , employees , contractors, subcontractors and their employees , whenever and wherever necessary for the purpose of construction of said surface water supply pipeline and appurtenances thereto , provided said temporary construction easement shall be extinguished two years from the date of the City 's issuance of a Notice to Proceed to the City's selected contractor to start construction . After the date hereof, GRANTOR shall not place or install any surface obstructions within the easement area ; provided , however, that the installation or replacement of fences or gates within the easement area shall not constitute surface obstructions that violate this agreement. Date : _____________ _ 2010-072 15-A-8772 WJ NO . 5354 3319-22\00311013.000 Thelma Becker, as Trustee of the Marital Deduction Trust established under The Becker Family Trust dated December 23 , 1998 Thelma Becker, as Trustee of the Credit Share Trust established under The Becker Family Trust dated December 23 , 1998 Knox Blasingame, as Trustee of the Survivor's Trust established under The Becker Family Trust dated December 23 , 1998 Page 1 APN 581-010-15 (PORTION) GRANT OF TEMPORARY CONSTRUCTION EASEMENT THELMA BECKER , AS TRUSTEE OF THE MARITAL DEDUCTION TRUST ESTABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23 , 1998 AND AS TRUSTEE OF THE CREDIT SHARE TRUST ESTABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23 , 1998; and KNOX BLASINGAME , A S TRUSTEE OF THE SURVIVOR 'S TRUST ESTABLISHED UNDER THE BECKER FAMILY TRUST DATED DECEMBER 23 , 1998, collectively , GRANTORS , hereby GRANT to the City of Fresno , a municipal corporation , GRANTEE , a temporary construction easement and right-of-way for construction of a surface water supply pipeline purposes over, under , through, and across that certain parcel of land situated in the City of Fresno, County of Fresno, State of California , more particularly described follows: SEE ATTACHED EXHIBITS "A" and "B", INCORPORATED HEREIN BY REFERENCE TOGETHER WITH the right to enter upon said land and to use equipment and other material thereon by said City , its agents, employees , contractors, subcontractors and their employees , whenever and wherever necessary for the purpose of construction of said surface water supply pipeline and appurtenances thereto , provided said temporary construction easement shall be extinguished two years from the date of the City's issuance of a Notice to Proceed to the City 's selected contractor to start construction . After the date hereof, GRANTOR shall not place or install any surface obstructions within the easement area; provided, however, that the installation or replacement of fences or gates within the easement area shall not constitute surface obstructions that violate this agreement . Dated : _____________ _ Dated : -------------- 2010-072 15-A-8772 WJ NO . 5354 3319-22\003110B.ooo Thelma Becker, as Trustee of the Marital Deduction Trust established under The Becker Family Trust dated December 23, 1998 Thelma Becker , as Trustee of the Credit Share Trust established under The Becker Family Trust dated December 23 , 1998 e er Family Trust dated December Page 1 CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On OJu w 3) , 2014, before me, & \ ~~ ~ Q , Notary Public, personally appeared THELMA BECKER, who proved to me on the basis of satisfactory evidence to be the person(~ whose name N is/~ subscribed to the within instrument and acknowledged to me that 'he/she/~ executed the same in fils.fuer/~ir authorized capacity(les), and that by"'Ri.slherltheir signature~ on the instrument the person~or the entity upon behalf of which the person(\) 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. ~ ra•. ~. 6 6 6 ::~: :~~~i~~:i:;:N~; 1 ,_ ID • COMMISSION # 2068530 f} FRESNO COUNTY - My Comm. Exp. June 13, 2~18 APN: 581-010-15 (Portion) Construction Easement EXHIBIT "A" Page l of 1 All that portion of the fractional northeast quarter and the fractional northwest quarter of Section 4, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, situate in the County of Fresno, State of California, according to the official United States Government Township Plat thereof, being more particularly described as follows: An easement for construction purposes more particularly described as follows: The northerly 25.00 feet of the southerly 90.00 feet of the west half of the fractional northeast quarter of said Section 4, EXCEPTING THEREFROM the easterly 60.00 feet thereof. TOGETHER WITH: The westerly 30.00 feet of the easterly 60.00 feet of the northerly 591.00 feet of the southerly 656.00 feet of the west half of the fractional northeast quarter of said Section 4 . TOGETHER WITH: The easterly 30.00 feet of the northerly 150.00 feet of the southerly 656.00 feet of the west half of the fractional northeast quarter of said Section 4 . TOGETHER WITH: The northerly 25.00 feet of the southerly 90.00 feet of the fractional northwest quarter of said Section 4. Containing an area of 2. 7 5 acres, more or less. 2010-072T 15-A-8773T WJNO. 5354 END OF DESCRIPTION I 1- EXHIBIT "B" --l 591' --1150'1- -JS\3-s$s t SOUTH LINE OF THE NE 1/4 OF SECTION 4, 12/21 EAST LINE OF THE W 1/2 OF THE NE 1/4 OF SECTION 4, 12/21 25' --11-rl...,._- 65' w. 1/2 90' w. 1/2 S.E. 1/4 SEC. 4, 12/21 j_l N.E. 1/4 SEC. 4, 12/21 ~~------1-----fH.----- APN: 581-010-15 DATE SIGNED: Z/7/14 N.W. 1/4 SEC. 4, 25' --11-tJ......,__ 12/21 LEGEND REF . & REV. 2010-072T PLAT NO . 0002 WJ 5:354 AREA FOR TEMPORARY CONSTRUC'TlON PURPOSES (2. 75 ACRES) 1 .. = 500' SCALE IN FEET 0 250 500 1000 WEST LINE OF THE NW 1/4 OF SECTION 4, 12/21 CITY OF FRESNO DEPARTMENT OF PUBLIC WORKS PORnON of SEC. 4, T.12 S., R.21 E., M.D.B. & M. for TEMPORARY CONSlRUcnON PURPOSES 90' SOUTH LINE OF THE NW 1/4 OF SECTION 4, 12/21 NE. 1/4 S.W. 1/4 SEC. 4, 12/21 - 55' N.W. 1/4 S.W. 1/4 SEC. 4. 12/21 PROJ. 10 . FUND NO. ORG . NO . 40116 OR . BY _..::;BM:.:.::;G __ CH . BY ~MD~H~,-- OATE 07/21/11 SCALE 1" = 500' SHEET NO. _1 _ OF _1 -SHEETS 15-A-8773T City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-621 Agenda Date:12/4/2014 Agenda #:1-E REPORT TO THE CITY COUNCIL December 4, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:CRAIG L. HANSEN, Supervising Real Estate Agent Public Works Department, Real Estate Services Section SUBJECT Actions pertaining to the sale of excess property on Santa Fe Avenue between Mono Street and Inyo Street: 1.Adopt a finding of a categorical exemption pursuant to class 1/15301(c) (existing facilities) of CEQA Guidelines 2.Authorize the City Manager or designee to execute a grant deed for the sale of excess property in the amount of $326,800.00 to Baltara Enterprises LP located on Santa Fe Avenue between Mono Street and Inyo Street APN 468-167-01T RECOMMENDATION Approve the sale of 72,527 square feet of excess property located at 750 Santa Fe Avenue to Baltara Enterprises LP. EXECUTIVE SUMMARY Baltara Enterprises LP is in the first of three phases of developing the “Warehouse Row Project”at 744 “P”Street,which is across the street from the Santa Fe lot.The developer has signed a long term lease with the U.S.Customs and Immigration Service as the anchor tenant with an occupancy date of May 1,2015.In search of a parking lot which can accommodate phase 1 as well as future parking needs,Baltara Enterprises LP approached the City of Fresno about selling its parking lot. Based on an independent appraisal,the City of Fresno has agreed in principle to sell its property to Baltara Enterprises LP pending concurrence by the City Council. City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-621 Agenda Date:12/4/2014 Agenda #:1-E BACKGROUND The City of Fresno acquired the Santa Fe lot from the Burlington Northern Santa Fe Railroad several years ago.The City improved the property with a light coat of asphalt and used the lot as a temporary parking facility.Three years ago,the City had planned to transfer ownership to the Redevelopment Agency (“RDA”)and the RDA in turn was to sign a long term lease with Baltara Enterprises LP.Just prior to consummating the deal,the RDA was ordered to be phased out by Governor Brown and the transaction stalled.Needing the parking as a vital component to the “Warehouse Row Project,”Baltara Enterprises then asked if the City was interested in selling the lot. Since the City had no future plans for the property,both parties agreed to an independent MAI appraisal which was performed by Dave Hamilton.A purchase price of $4.50 per square foot was agreed to and the buyer is paying all cash and is accepting the property in “as is”condition.The subject property is free of any liens or bonds and the proceeds are expected to be deposited into the General Fund as Parking Services Division revenue.The City Attorney has reviewed and approved the purchase and sale agreement along with the grant deed as to form. ENVIRONMENTAL FINDINGS The project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines,section 15301(c)as the subject property had been used as a parking lot by the City of Fresno and the new owner intends to use the parcel for the same purpose.Furthermore,none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project. LOCAL PREFERENCE N/A FISCAL IMPACT The City of Fresno will net $326,800.00 from the sale of the property.It is anticipated those funds shall be returned to the General Fund as Parking Services Division revenue. Attachment: Aerial photo of subject property City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-630 Agenda Date:12/4/2014 Agenda #:1-F REPORT TO THE CITY COUNCIL December 4, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division STEVEN C. SON, PE, Capital Projects Manager Public Works Department, Capital Management Division BY:JESUS A. GONZALEZ, PE, Project Manager Public Works Department, Capital Management Division SUBJECT Consideration of approval of Measure “C” Cooperative Agreement for the Herndon Avenue westbound widening from Brawley Avenue to Blythe Avenue (Council District 2) RECOMMENDATION Staff recommends that Council approve the Measure “C”Cooperative Agreement for Herndon Avenue Westbound Widening from Brawley Avenue to Blythe Avenue (Urban Project K5C)and authorize the Public Works Director or designee to sign and execute the agreement on behalf of the City. EXECUTIVE SUMMARY The City of Fresno (City)seeks to widen westbound Herndon Avenue from Brawley Avenue to Blythe Avenue.The City and Fresno County Transportation Authority (FCTA)need to execute the Measure “C”Cooperative Agreement in order that the regional Measure “C”funds may be utilized on the project. BACKGROUND The City seeks to widen westbound Herndon Avenue from Brawley Avenue to Blythe Avenue. Eastbound Herndon Avenue was previously widened as a separate project due to limited funding available by the State.Westbound widening would bring this segment of Herndon Avenue into conformance with 6-lane expressway designation thereby relieving congestion and reducing delays. City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-630 Agenda Date:12/4/2014 Agenda #:1-F conformance with 6-lane expressway designation thereby relieving congestion and reducing delays. The City and FCTA need to execute the Measure “C”Cooperative Agreement in order that the regional Measure “C”funds may be utilized on this project.The cooperative agreement,along with Federal Surface Transportation Program (STP)dollars will allow the project to become fully funded. Staff recommends Council approve the Measure “C”Cooperative Agreement for Herndon Avenue Westbound Widening from Brawley Avenue to Blythe Avenue (Urban Project K5C). Approval of the attached cooperative agreement is only for the purpose of project funding.Staff will return to Council for adoption of the associated CEQA document,approval of right-of-way acquisition agreements,requests for budget appropriations and for award of construction contracts as required for the project. The City Attorney’s Office has reviewed and approved as to form the proposed agreement. ENVIRONMENTAL FINDINGS By the definition provided by the California Environmental Quality Act Guideline (CEQA)section 15378, this item does not qualify as a “project” for the purpose of the CEQA. LOCAL PREFERENCE Local preference was not implemented because a cooperative agreement does not include a competitive bid. FISCAL IMPACT Implementation of the staff recommendation will have no impact upon the City’s General Fund.The project is being funded by regional Measure “C” Tier 1 and Federal STP funding. Attachment:Cooperative Project Agreement City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-646 Agenda Date:12/4/2014 Agenda #:1-G REPORT TO THE CITY COUNCIL December 4, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:CRAIG L. HANSEN, Supervising Real Estate Agent Public Works Department, Real Estate Services Section SUBJECT Actions pertaining to a sale of a portion of excess property in the San Joaquin River bottom just east of Fig Garden Golf Course: 1. Adopt a finding of a categorical exemption pursuant to Class 1, Section 15301(c) (existing facilities) of the California Environmental Quality Act (“CEQA”) Guidelines 2. Authorize the City Manager or designee to execute a grant deed for the sale of a portion of excess property in the amount of $25,000.00 to Michael and Jeanne Adams located on the former Fresno Traction Company right of way, now known as River Bottom Road, just east of Fig Garden Golf Course in the San Joaquin River bottom APN 405-030-XR RECOMMENDATION To approve the sale of 0.315 acres of excess City property located in the San Joaquin River bottom just east of Fig Garden Golf Course to Michael and Jeanne Adams for $25,000. EXECUTIVE SUMMARY Michael and Jeanne Adams attempted to purchase the property located on the former Fresno Traction Company right of way,now known as River Bottom Road,just east of Fig Garden Golf Course in the San Joaquin River bottom APN 405-030-XR (“Property”)from Fresno County years ago,but the County instead sold the property to the City of Fresno in 1991.It has since sat unused and vacant.Due to individuals loitering and recent fires,one of which burned down the house of the Adams’neighbor,the Adams approached the City about purchasing a portion of the right of way which abuts the back of their existing property.Staff agreed to sell the Property to the Adams for the City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-646 Agenda Date:12/4/2014 Agenda #:1-G internal appraised price of $25,000, pending approval by the City Council. BACKGROUND The Fresno Traction Company operated trolley cars in and around Fresno from 1904 to 1939.River Bottom Road was a trolley line which transported the public to an amusement park operated in the area.After the amusement park folded and the Fresno Traction Company went out of business,the Property was transferred to Fresno County.In 1991,the City of Fresno acquired the Property from Fresno County for $17,000.Over the next 20+years the Property sat unused and the foliage began accumulating.In 2011,the area experienced a series of fires allegedly set by pedestrians who were loitering along the old right of way.Concerned by the threat to neighboring homes,Michael and Jeanne Adams offered to purchase a portion of the old rail bed from the City of Fresno for an internal appraised price of $25,000.The Adams plan to acquire only the portion that abuts their property, reduce the fire danger by cutting back some of the overgrown foliage and take the necessary precautions to keep people from loitering.The Property is free of any liens or bonds and the proceeds will be deposited into the General Fund.The City Attorney has reviewed and approved the purchase and sale agreement along with the grant deed as to form. ENVIRONMENTAL FINDINGS The project falls within the Class 1 Categorical Exemption set forth in the CEQA Guidelines,Section 15301(c)as the subject property has been vacant for decades and the new owners are not intending to improve the property once escrow closes.Furthermore,none of the exceptions to the Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE Local preference was not considered because the City’s sale of the Property does not include a bid or award of a construction or services contract. FISCAL IMPACT The City of Fresno will net approximately $25,000 of General Fund revenue from the sale of the Property. Attachment: Aerial photo of subject property City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ Vicinity Map APN 405-030-XR W RIVER BOTTOM RDW RIVER BOTTOM RDW RIVER BOTTOM RD W RIVER BOTTOM RDW RIVER BOTTOM RD W THOMASON PLW THOMASON PLW THOMASON PLW THOMASON PLW THOMASON PL W BLU FF AVEW BLUFF AVEW BLU FF AVEW BLU FF AVEW BLU FF AVE W LOMA LINDA AVEW LOMA LINDA AVEW LOMA LINDA AVEW LOMA LINDA AVEW LOMA LINDA AVE W PINEDALE AVEW PINEDALE AVEW PINEDALE AVEW PINEDALE AVEW PINEDALE AVEW MINARETS AVEW MINARETS AVEW MINARETS AVEW MINARETS AVEW MINARETS AVE W MINARETS AVEW MINARETS AVEW M INARETS AVEW M INARETS AVEW M INARETS AVEN BROOKS AVEN BROOKS AVEN BROOKS AVEN BROOKS AVEN BROOKS AVEN CHANNING WAYN CHANNING WAYN CHANNING WAYN CHANNING WAYN CHANNING WAYW PINEDALE AVEW PINEDALE AVEW PINEDALE AVEW PINEDALE AVEW PINEDALE AVE N CHANNING WAYN CHANNING WAYN CHANNING WAYN CHANNING WAYN CHANNING WAYN WARREN AVEN WARREN AVEN WARREN AVEN WARREN AVEN WARREN AVEW MINARETS AVEW MINARETS AVEW MINARETS AVEW MINARETS AVEW MINARETS AVE N CHANNING WAYN CHANNING WAYN CHANNING WAYN CHANNING WAYN CHANNING WAYW LOMA LINDA AVEW LOMA LINDA AVEW LOMA LINDA AVEW LOMA LINDA AVEW LOMA LINDA AVE N VAN NESS BLVDN VAN NESS BLVDN VAN NESS BLVDN VAN NESS BLVDN VAN NESS BLVDN HULBERT AVEN HULBERT AVEN HULBERT AVEN HULBERT AVEN HULBERT AVEW PINEDALE AVEW PINEDALE AVEW PINEDALE AVEW PINEDALE AVEW PINEDALE AVE W PINEDALE AVEW PINEDALE AVEW PINEDALE AVEW PINEDALE AVEW PINEDALE AVEN SEQUOIA DRN SEQUOIA DRN SEQUOIA DRN SEQUOIA DRN SEQUOIA DRN SEQUOIA DRN SEQUOIA DRN SEQUOIA DRN SEQUOIA DRN SEQUOIA DRN S EQ UO I A D RN S EQ UO I A D RN S EQ UOIA D RN S EQ UOIA D RN S EQ UOIA D RVan Ness BlvdVan Ness BlvdVan Ness BlvdVan Ness BlvdVan Ness BlvdAlluvialAlluvialAlluvialAlluvialAlluvial City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-580 Agenda Date:12/4/2014 Agenda #:2-A REPORT TO THE CITY COUNCIL December 4, 2014 FROM:BRIAN MARSHALL, Director Department of Transportation BY:JEFF LONG, Planning Coordinator II Department of Transportation SUBJECT Award a five-year revenue contract for bus advertising services to Lamar Transit Advertising for $2,000,000 (RFP No. 9301) RECOMMENDATION Staff recommends Council award a five-year revenue contract to Lamar Transit Advertising for $2,000,000 for bus advertising services. EXECUTIVE SUMMARY The Department of Transportation (“DOT”)/Fresno Area Express has contracted for bus advertising services since 2001.The current contract is with Lamar Transit Advertising (Lamar),which expired on August 27,2014.The revenue from the advertising contract is received by the DOT and is used to fund the cost of providing public transportation services.Based on the terms of the contract, Lamar will guarantee minimum annual payments of $400,000 for exterior bus advertising services. All advertisements,before being placed on a bus,are subject to review and approval by the Director of the DOT or designee. BACKGROUND In 1999,staff was directed to evaluate bus advertising as a potential revenue source.From this evaluation,a determination was made to enter into a contract for exterior bus advertising that provided a minimum revenue guarantee.Since this time the department has received more than $3 million from bus advertising.These revenues are used to fund the cost of providing public transportation services. On August 27,2014,a Notice Inviting Bids was advertised in the Business Journal and posted on the City of Fresno website.One bid proposal was received and opened on September 30,2014.Other City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-580 Agenda Date:12/4/2014 Agenda #:2-A City of Fresno website.One bid proposal was received and opened on September 30,2014.Other potential proposers chose not to provide a bid,citing high guaranteed revenue as a reason for not submitting bids.The bid proposal received by Lamar guarantees an annual minimum payment of $400,000 and included interior bus advertising, as well as schedule guides. In addition,Lamar will prepay the contract revenue guarantee at the beginning of each contract year. The contract will be in effect for an initial period of five years,with provisions for two additional one- year extensions. ENVIRONMENTAL FINDING By the definition provided in the California Environmental Quality Guidelines Section 15378, this item does not qualify as a “project”; therefore, it is exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local Preference was not implemented because the DOT fleet of buses,which are used for advertising, are federally-funded. FISCAL IMPACT Revenue from bus advertising was included in the Department’s Fiscal Year 2015 Budget. Attachment: Listing of Proposals Proposal Review Committee Report City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ REPORT FROM EVALUATION COMMITTEE REQUEST FOR PROPOSAL FOR BUS ADVERTISING SERVICES - RFP NO. 9301 COMMITTEE MEMBERS: Diana Reynolds, Buyer II/Facilitator, City of Fresno, Finance Department– Purchasing Jeff Long, Senior Regional Planner, FAX Planning Joe Vargas, Management Analyst III, Transportation Department, FAX Eric Schwartz, Management Analyst II Department of Public Utilities, Water Division Shonna Halterman, City of Clovis, General Services Manager BACKGROUND The goal of this Request for Proposal (RFP) was to solicit proposals to provide and manage bus advertising services in a manner acceptable to the City of Fresno. The Contractor's services shall include, but not be limited to the placement of advertisement; executive and administrative management; maintenance of advertisement; customer relations; preparation of reports of financial and other matters pertaining to the operation of service. A Proposal was submitted by one vendor according to the Request for Proposal, September 30, 2014 deadline. Below is a summary of the Proposal submitted by the one vendor: Vendor $ Proposal Lamar Transit LLC $2,000,000.00 Total minimum annual guaranteed revenue COMMITTEE NOTES Evaluation committee members were in agreement that this proposer is capable of providing the City of Fresno with professional bus advertising services. The selection was based this proposer’s submittal and their past performance with this contract for the City of Fresno. With only one proposal, the committee members submitted their ranking sheets after careful review of the proposer’s submittal. All of the members felt that Lamar’s past performance spoke for itself having a good history with the City of Fresno on delivery of past contractual requirements. There were three other potential bidders that attended the pre -bid either in person or via telephone. Once the proposals were opened, the potential bidders were contacted to inquire why they did not submit a proposal. Both Time & Space Media and Rethought Reborn felt that the guaranteed revenue asked for by the City of Fresno was too much for their small companies to guarantee, especially in light of our economy. Direct Media felt that bringing their company to Fresno didn’t warrant the startup capital required on what they felt wasn’t enough revenue generated from this contract. LAMAR TRANSIT LLC Lamar Transit is a publicly owned advertising company founded in 1902. They manage close to 70 transit advertising programs across North America. They are the current contractors for this contract and have been since 2007. RECOMMENDATION: The committee unanimously agrees that Lamar Transit LLC will be able to provide the most effective and professional Bus Advertising Services based on their proposal and past experience with the City of Fresno. Therefore, the committee recommends that Lamar Transit LLC be awarded the Bus Advertising Services contract. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-639 Agenda Date:12/4/2014 Agenda #:3-A REPORT TO THE CITY COUNCIL December 4, 2014 FROM:ACTING PRESIDENT OLIVER BAINES, III Council Offices SUBJECT RESOLUTION - Making and adopting express findings that modifications to the California Bureau of Gaming Control (BGC) regulations mandating fees to all customers has an adverse impact to the economy of the City of Fresno and opposing proposed regulations City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY OF FRESNO MAKING AND ADOPTING EXPRESS FINDINGS THAT MODIFICATIONS TO THE CALIFORNIA BUREAU OF GAMING CONTROL (BGC) REGULATTONS MANDATING FEES TO ALL CUSTOMERS HAS AN ADVERSE IMPACT TO THE ECONOMY OF THE CITY OF FRESNO AND OPPOSING PROPOSED REGULATIONS WHEREAS, the State of California Bureau of Gaming Control is proposing to add an amendment to the California Code of Regulations: Title 11. Division 3. Chapter 1. Article 1. Section 2071 which will mandate a collection fee to all customers of Club One Casino and any other card room casino in the State of California. WHEREAS, Penal Code 337j(f) currently allows card rooms to waive collection fees, and WHEREAS, Club One Casino has waived the collection fee for customers since 2004, and WHEREAS, Club One Casino has contributed over $20,000,000 to the City of Fresno's General Fund since 1995, and WHEREAS, Club One Casino provides employment to over 350 people in downtown Fresno with annual wages, payroll taxes and benefits of more than $9,000,000, and WHEREAS, at least 70% of Club One Casino's games will be adversely affected by the proposed regulations, and WHEREAS, it is projected that Club One Casino's taxable revenue will decrease by $8,000,000 to $10,000,000 annually, and WHEREAS, the majority of the living wage jobs provided by Club One Casino will be lost; and WHEREAS, Regulations mandating collection fees FAILED as proposed legislation (48820/Gomez) in both 2013 and 2014. NOW, THEREFORE BE lT RESOLVED by the Council of the City of Fresno as follows: The City of Fresno, by Council Resolution, does hereby OPPOSE any proposed regulations mandating collection fees to all customers of card rooms in the State of California. Date Adopted: Date Approved: Effective Date: City Attorney Approval : 1of2 Resolution No. STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. crrY oF FRESNO ) l, WONNE SPENCE, 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 AYES : NOES : ABSENT : ABSTAIN : 2014. 2014Mayor Approval: Mayor Approval/No Return:,2014 Mayor Veto: Council Override Vote: APPROVED AS TO FORM: DOUGLAS T. 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Fw)oJ tJ) o {= ro o¡ OJl- o OJ tJ1oo-o-o tJ) Eoot-cl- ro(J Ut+o .=l-o ro BI I' 1 O=É. o- LUI É. 1 oooaooo Eoq o.o. o+)Co E ro1-(J ru v1 .= Nrl (J (uo co vl boc t- co (u _c S-o'l Eo JEo -(J(t) I ı 1- +-J(- oU bo C _o E ro(9 o =cuol- J co (+-\ .9 l- U'iË=ı'=o- Õz çl- lUs=ErrE roS- CJ CJ (., GJ Cl-o+).ìl-J --'ı - =oUv) .\llr L;'í o äà\r, o- -\/Èv)oro ./ì 'ı ( ¡rıE äËo{=l- Lnnr fO v1ëtE(JJErrE o oS- LL qJ .(J oo- o1-+) -o(J boc _o E ru (, q-o =cu (u l- =co (9 o 'rl-J tú)t- (u .rLJ -l-)(u J a \ t l I HI t,l I ¡! o Fiie lD l' ¡'-l *l, ïj ':?FTCIIVED ¿'litl D[t 3 Pn I TT CITY CLERK, FRES}iO CA WILLTE L. BRowru, Jn. ATTORNEY AT I.AW IOO THE EMBARCADERO PENTHOUSE SAN FRANCISCO, CALIFORNIA 94105- I29 1 ¡ "* T-,Lr t"/ i';¡'tjil TELEPHONE: (4151 777.O31O FACSIMILE: (4151 5L2,9277 December 1,2014 VIA EMAIL AND FIRST CLASS MAIL The Honorable Karnala D. I{arris Àttorney Gerreral, State of California D€parülent ofJusticc 1300 I Street, Room I 142 Sacramento, C A 9 581 +2963 Mr.'lVayne Quinq Bureau Chief Br¡reau of Gambling Control 4949 Broadway, Rm. E23l Sacramento, CA 95820 Re: Proposed Regulations Dear Madam Attomey Genæal and Mr. Quint: This letter pertains to the regulation proposed by the Bureau of Gambling Control, which mandate the collection of fees of all card room customers. It is our opinion that this proposed regulation creates an artificial and unfair coørpetitive disadvantage for card rooms. ff implernented, we believe that this regulation will have a destrr¡ctive impact upon the card room industry at tåe state and local level. The idea of mandating the collection of fces has beeri discussed for several years. While this idea has failed in the forrr of legislæion in both 2013 and 2014, this same idea is now being proposed as an ammdment to Section 2071 (Gaming Activþ Authorization) of the California Code of Regulations.t A vast majority of California ca¡d rooms (both large and small) oppose the proposed rcgulation (as well as the prior legislation) because of the detrímental impact such regulations would have on their businesses. Specifically, this language favors the extraordinarily large card rooms (only 2 or 3 c¿rd rooms in the State are supporting this legislation) in a ma¡ke in which smaller card rooms will be unable to compete. It is understood that one of the major differences betweEn play in a card club and play in a tribal casino is that hibal casinos can have banl/perc€ntage gamë1 whereas card clubs cannot because they are ¡Tirte ll. Division 3.c:hryta l. Article I The Honorable Kamala D. Harris Mr. Wayne Quint December 1,2014 Page2 prohibited from having an interest in the outcome of a card garrre.'As a result, card room revenue is generated numerous other ways, one of which is the collection of a player fee. Currently, this is not a mandated fee, as Section 337 j(Ð of the Penal Code allows for a card room to waive this fee. Instead of collecting from each player, fees a¡e charged to players serving in the player-dealer position (i.e., the third party proposition player). For over 10 years, this policy has allowed for market factors to dictate where a collection is feasible. This policy has allowed for competition throughout Califomia. We believe that any of the three (3) fee options in the proposed regulation would be materially damaging to the card room industry. 3 Again, regional market factors will inevitabty dictate where a collection is feasible and where a collection is not. It is our opinion that these mandated fees create a competitive advantage fo¡ the largest card rooms in the larger ma¡kets. The proximity of smaller card rooms to either larger clubs or tribal casinos combined with the mandated fee will negatively impact smaller card clubs as it will be pragmafically impossible for the smaller clubs to be competitive in that ma¡ket. The current rules protect the industry and also create the competition the industry should have. The ability to waive a fee is important for the smaller card rooms, and we do not believe there to be a downside to allowing the fee to be waived as a result. The proposed regulation ignores the realities of the card room industry, and we believe the anti-competitive sentiment underlying those options and the entire proposal is clear. Further, this proposed regulation does not take into account the impact on the vast majority of card rooms and local jurisdictions. For example, in the City of Fresno, the impact this regulation is likely to have is as follows: o 80% of Club One Casino's gaming activity affected, which increases prices to recreational players 70-80% reduction in Club One taxable revenue ($8-$10 million) 250¡00 living wage jobs lost in downtown Fresno $800,000+ annual decrease to City of Fresno General Fund Detrimental impact on local vendors and non-profits 2 Penal Code Section 330.11 provides that banked games do not include those games where the published rules feature a player-dealer position provided that the opportunity to serve as the player-dealer position is continuously and systematically rotated amongst each of the players of the game at the table. 3 The proposal includes th¡ee (3) options for the collection of fees, all ofwhich are problematic for the card room industry. Option I assesses the fee based on a 3: I ratio; the fee assessed shall not be less than one-third of the amount of the fee assessed to the player dealer in each hand or round of play, Option 2, if more than one fee is taken per table, the increase rate shall not increase by more than the amount of the lowest fee. Option 3 would result in all players, including the player-dealer, being charged the same fee for the same level of wager. a a a a The Honorable Kamala D. Harris Mr. Wayne Quint December 1,2014 Page 3 Statewide, this proposal is also likely to have an enormously negative inrpact as well: o Thousands of living wagejobs lost r Millions of local General Fund reveriue lost o Detrimental to local economies . Reduces the value of state coffers (redistributes torable revenue to non-taxpayers) o Less competition in the industry o Punishes small busine*ses and ganeral gaming public Given the impact that we beliwe this regulation wíll have at the state and local lwel, there does not appear to be a valid reason for this regulæion to be irrplernented- This regulation will r¡ndo lGÞ years of sound policy by mandating that each card mom charge customers a fee. This will have the effect of rastricting a card room's ability to recapfi¡rc costs and value ftom its rotating bank games. The California card room industry is a billion dollar industry and ernploys 20,000 Californians state wide. The significat contribution to local economies cannot be rmderstated. For example, between city and state taxes, Club One Casino contn'butes $1 million annuallyto the CityofFresno genenal fund ($20 Million since 1995). Statewide, this number is over 5200 Million lWhile this proposal may be phrased (without merit) in zuch a manner as to sugg€st that more rsvenue would be brought in, a mandatory fee will unequivocally deterpeople from playing at these establishments, If players are now charged a fee forthe 70-80% of controlled games impactd it is probable that those players will go play where they do not get chcged (i.e. a tribal casino), i.e., you get more bang for your buck if you don't have to utilize your mmies for a collection fee. We beliwe the text of the proposal ignores the realities of how this industry has come to work, and while we r¡ndcnstand the nced for the industry to evolve and improve, we do not believe this is the manner in which it should. Respectfull¡ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-645 Agenda Date:12/4/2014 Agenda #: CLOSED SESSION ITEM December 4, 2014 SUBJECT CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Ken Phillips, Jeff Cardell Employee Organizations: IUOE, Stationary Engineers, Local 39 (L39) Fresno City Employees Association (FCEA) Fresno Police Officers Association (FPOA Basic) International Association of Firefighters, Local 753 (Fire Basic) Amalgamated Transit Union, Local 1027 (ATU) International Brotherhood of Electrical Workers, Local 100 (IBEW) Fresno Police Officers Association (FPOA Management) International Association of Firefighters, Local 753 (Fire Mgmt) City of Fresno Professional Employees Association (CFPEA) City of Fresno Management Employees Association (CFMEA) Fresno Airport Public Safety Supervisors (FAPSS) CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiator(s): Steve Brandau, Ashley Swearengin, Bruce Rudd, Jeffrey Cardell 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 Budget Analyst Budget Manager City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-645 Agenda Date:12/4/2014 Agenda #: Chief Assistant City Attorney Chief Information Officer Chief of Staff to the Mayor City Attorney City Clerk City Engineer City Manager 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 Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Labor Relations Manager Labor Relations Secretary Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Redevelopment Administrator Retirement Administrator Risk/Safety Manager Senior Budget Analyst Senior Deputy City Attorney Senior Human Resources/Risk Analyst Supervising Deputy City Attorney City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-521 Agenda Date:12/4/2014 Agenda #: REPORT TO THE CITY COUNCIL DATE:December 4, 2014 FROM:Steve Brandau, Council President District 2 SUBJECT Workshop - Presentation by Fresno Unified School District Superintendent, Michael Hanson City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-633 Agenda Date:12/4/2014 Agenda #: REPORT TO THE CITY COUNCIL December 4, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division CRAIG L. HANSEN, Supervising Real Estate Agent Public Works Department, Real Estate Services Section PETE CALDWELL, Senior Real Estate Agent Public Works Department, Real Estate Services Section SUBJECT HEARING to consider: (CONTINUE TO DECEMBER 18, 2014 AT 2:30 P.M.) 1.Consider and adopt the Environmental Finding of Conformity to the 2025 General Plan Master Environmental Impact Report (MEIR)No.10130 and the Mitigated Negative Declaration for Plan Amendment A-09-02 (Air Quality MND)prepared for Environmental Assessment No. EA-13-003,for street widening and the installation of curb,gutter,and sidewalk.(Council District 4) 2.***RESOLUTION of Public Use and Necessity for the acquisition of a street easement for the construction of intersection improvements at Shields Avenue and Fowler Avenue and public road purposes from Assessor’s Parcel Number 496-192-10s owned by Forest Sunrise, LLC. RECOMMENDATIONS Staff recommends that the City Council adopt a Resolution of Public Use and Necessity,to authorize acquisition by eminent domain,and to adopt a mitigated negative declaration to acquire street right-of-way for intersection improvements at Shields Avenue and Fowler Avenue through and across real property owned by Forest Sunrise, LLC, (APN 496-192-10s) in the City of Fresno. EXECUTIVE SUMMARY City of Fresno Printed on 12/16/2022Page 1 of 4 powered by Legistar™ File #:ID#14-633 Agenda Date:12/4/2014 Agenda #: The intersection of Shields and Fowler needs to be widened to accommodate the current and future traffic volumes.All of the corners except for the southwest have been widened and improved.Property on the southwest corner of the intersection needs to be acquired to complete the improvements.This work is a capital improvement project being performed by the Public Works Department. City staff has not been able to negotiate a purchase agreement with the landowner,Forest Sunrise,LLC.The land needed was appraised by Hamilton Associates who set the value at $75,800.An offer for this amount was presented to the property owner’s representative on January 23,2014.He has not returned phone calls or responded to letters or emails to finalize the negotiations. It is necessary to commence the eminent domain action at this time so that possession of the required acquisitions can be obtained.The order of possession process usually takes four to nine months to conclude.Staff recommends Council adopt the recommended Resolution of Public Use and Necessity which authorizes the City Attorney to initiate an eminent domain action and obtain an order of possession of the property.It requires five votes for approval and is subject to veto by the Mayor. BACKGROUND The City proposes to construct an additional east bound travel lane and bike lane along East Shields Avenue for a distance of 650 feet heading west from North Fowler Avenue.The City will also construct southbound travel lane and bike lane along North Fowler Avenue for a distance of 525 feet heading south from Shields Avenue.The project also includes constructing curb and gutter on the south side of East Shields Avenue and the west sided of North Fowler Avenue.The project further includes the installation of a curb ramp at the southwest corner of East Shields Avenue and North Fowler Avenues,the modification and relocation of the existing traffic signal on this corner,and the installation of a bus bay along North Fowler Avenue,just south of the corner. The City Attorney’s Office has reviewed and approved as to form the proposed Resolution of Necessity. ENVIRONMENTAL FINDINGS Development and Resource Management Department staff has prepared an initial study of the above-described project and it has been determined to be a subsequent project that is fully within the scope of the Master Environmental Impact Report (MEIR)No.10130 (SCH #2001071097),and Mitigated Negative Declaration (MND)No.A-09-02 (SCH #200951016)(Air Quality MND). Therefore,the Development and Resource Management Department proposes to adopt a Finding of Conformity for this project. With the mitigation imposed,there is no substantial evidence in the record that this project may have additional significant,direct,indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR or Air Quality MND.After conducting a review of the adequacy of the MEIR and Air Quality MND pursuant to Public Resources Code,Section 21157.6(b)(1),the Development and Resource Management Department,as lead agency finds that no substantial changes have occurred with respect to theCity of Fresno Printed on 12/16/2022Page 2 of 4 powered by Legistar™ File #:ID#14-633 Agenda Date:12/4/2014 Agenda #: Department,as lead agency finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted and that no new information,which was not known and could not have been known at the time that the MEIR was certified as complete and the Air Quality MND was adopted,has become available.The project is not located on a site which is included on any of the lists enumerated under Section 62962.5 of the Government Code including,but not limited to,lists of hazardous waste facilities, land designated as hazardous wasted property,hazardous waste disposal sites and others,and the information in the Hazardous Waste and Substances statement required under subdivision (f)of that Section. The legal description and a sketch of the easement to be acquired is shown as Exhibits “A”on the attached Resolution of Public Use and Necessity,which has been prepared and approved by the City Attorney’s Office, with findings as follows: 1.The public interest and necessity require the proposed project. The widening of the Fowler Avenue and Shields Avenue intersection to provide for east bound travel and bike lane along E.Shields Avenue and to provide south bound travel and bike lanes along S.Fowler Avenue.These improvements will significantly improve the flow of traffic through the intersection.These improvements will result in fewer delays and improve air quality for the area. 2.The proposed project is planned in a manner that will be most compatible with the greatest public good and the least private injury. This project will improve deficient local circulation network that does not adequately accommodate local development and provide consistency with existing and planned local and regional development.The project cannot be constructed without acquiring this acquisition for permanent street easements and rights-of-way being sought. 3.The property is necessary for the proposed project. It is necessary to acquire the subject property in order to construct the needed travel and bike lanes along Fowler and Shields Avenues which will improve the circulation pattern at this intersection. 4.An offer to purchase the required street easement has been made pursuant to Section 7267.2 of the Government Code. A written offer of the full appraised fair market value has been delivered (January 23,2014)to the owner or the owners representative of the affected property pursuant to the requirements of the California Government Code. LOCAL PREFERENCE Local preference was not implemented because this does not involve a competitive bid. FISCAL IMPACT The will be no General Funds used in the acquisition process for this project.Construction funds are available this fiscal year through a local Proposition 111 Gas Tax funds,Citywide Traffic Signal City of Fresno Printed on 12/16/2022Page 3 of 4 powered by Legistar™ File #:ID#14-633 Agenda Date:12/4/2014 Agenda #: are available this fiscal year through a local Proposition 111 Gas Tax funds,Citywide Traffic Signal Mitigations Impact Fees and New Growth Area Major Street Impact Fees.Project number PW 00631,Fund Number 24053,Org number 189901 has been established to disburse the necessary funds for the acquisition of the easements and to pay for litigation, including staff time. Attachment: Resolution of Public Use and Necessity City of Fresno Printed on 12/16/2022Page 4 of 4 powered by Legistar™ /2 /ófrm rz///t/1214t2014 I General Plan IJpdate I 14 Iorksho¡: I I I Ii MayorAshleySwearengin Jennifer Clark Director of Deuelopment andResout ce Ma.nagement RenenaSmith . Looking Back . Vision for our Future . Policy Highlights and Planned Land tlse . Fiscal Analysis . Debunking the Myths and Addressing Concerns . Development Code Previeu' o 2O2E vs.2Ogs 121412014 12t4t2014 t- ii The next 65 years:t Fresno boundarleé t946-eott 121412014 4 AUGUST 2O'12-JULY 2014 General Plan heparation . Ongoingpublicengagement . Staffanalyzed and determined how to implement public input . City Couneil Workshop . Planning Commission Worlahop , Additional Public Presentations -includíngthe Draft Rolbtû at Fresno City Collegetó an audìence ofouer zoo people ' Technical review andrefinements by internal and external eryerts. Draft new Development Code General Plan Update development timeline Evaluation of Com¡nents &PlanRevisions . October 9: Public Comment Closed. Staffevaluated and considered each cornment submitted and updated the plan accordingly. 121412014 FRESN0 General Plalt 6 12t4t2014 \';'ili:'. Protect Preserve Promote (;r .l i:';i ii'.I'j,ij1.;: :.i..i: Implementation 7 12t412014 Vision Elements 1. Growth: Roughly half = incorporated. Roughly half : unincorporated 2. Phasing new gror,r'th g. Successful and competitive Dovmtorryn 4. Development along Bus Rapid Transit (BRT) Corridors 5. Infill OpportunityZone (IOZ) 6. Strategic Emplo5rment Centers 7. Improved Parks & Open Space BAIANCING INVESTMENT: City Limits and New Growth Areas 1214t2014 I 121412014 10 12t4t2014 11 121412014 12 121412014 13 121412014 14 17 121412014 19 121412014 PIANNED LAND USE: Parks & Open Space El lnrldecityLlm¡tc j- - '- countylllândr I f;XJoo"luinnt""'r lå'i;?¿i"1oJ:*n' tGSH:i*1",i::k. ffiiäfi"¿"5li* f-ì Qú.rter m¡le ârera frm rew park: PLAld UPû/cTË '---- Plann¡ng Ar€ð - sph€r€ of Infæn.e City L¡mlts An EIR is requíred by the Califurnia Enuironmental Quality Act (CEQA) to analyze tlrc enuironnrcntal intpactsfor the ouerall General PIan. 20 121412014 Fiscal Analysis Fiscql analysis reueqls s. distinct qdusnta.ge for deuelopment in existing íncorp or ated/ infrII cr eas 21 1214t2014 The City of Fresno taould receiue almost So% rnore properQ tsx reue¡tue in exístíng incorporated areas thsn in netu ly annexed unincorp or ate d ar eas. On auereg€,for every $r,oOO in new Assessed Valuations the Ci[y receives in propertytax revenue: eboutr$1.p$ from', 'unincorporatedareas upon annexatron 22 1214t2014 23 12t4t2014 Housing Unit Density FRESNO SAN FRANCISCO CLOVIS VISALIA 24 12t4t2014 SAN FRANCISCO VSALA , +people per square mile I I MYTHICONCERN: ., The General Plan will repeal the Community and Specific Plans leaving neighborhoods with no protections. 25 121412014 MYTH I CONCERN: will constrain Ders or result in a ieenfield MYTH I CONCERN: The Plan Uodate is far too weak to promoteinfill. 26 121412014 MYTH I CONCERN: 27 MYTH I CONCERN: The Plan needs to address Disadvantaged Unincorporated Communitiés (DUCs). ^ 121412014 MYTH I CONCERN: 28 121412014 The Plan Update eliminates affordable Ëousing options. The Plan Update focuses on the overall vision. The Development Code will address the details of implementing the vision. The community will have an opportunity to address the location, separation, and number of package liquor stores as.part of th_,e- Development Code. .J r'?)- -11^), j:j' í.. . :-;. ' i.\ 29 121412014 30 1214t2014 MYTH i CONCERN: The Plan Update will eliminate cul-de-sacs: 31 All active entitlements will be honored. 1214t2014 You can't do a General Plan Update without the Development Codè. 32 121412014 MYTH I CONCERN: The Plan Update isn't needed., The 2o2S Plan is sufficient. 33 121412014 r. The Development Code creates laws and policies to implement the vision. z. The updated Development Code wilt be simplified and user-friendly. 3. Public review of the Development Code is planned for Spring zor5. 34 1214t2014 2025&2035 i TOOAY- ,J---.- --Vision I ron.y Ì 2035 & BEYOND Implementation Capital Projects/Programs The vision of the z,ozs General plan i and the Plan Update is the same. . Balanced Growth Infill and new growth areas Two new growth areas . Vibrant Downtown . "Mixed lfse" intensity corridors ' Activity centers 35 TODAY I2035EBEYONÐ Vision Policy llmplementation i Capital Projects/PloCrams The vision is backed up by detailed policy. . "Roughly half' . Defined "infill" . No sphere expansion . Phasing for new growth . Fee structures should support vision . Public infrastructure . New gror,vth will pay for infrastructure and maintenance . Land use designations that interpret vision with more detail 121412014 Vision ;Policy ,Implementation i i Capital Projects/Programs The implementation has already started. Completed/ R eady for Adopti on : . Development Code . Downtown Neighborhoods Communþ Plan . Fulton Corridor Specific Plan . Dor,¡vntor.m Development Code 36 12t4t2014 The implementation has already started. In Progress: . Development Impact Fee Update . Business-FriendlyFresno . CodeTaskForce ' Fulton Street Project . South Stadium Development Proposal ' Southwest Specific Plan . High Speed Rail . Technology Task Force . Bus Rapid Transit (BRT) i 2025 & 2C35 í TODAY_._!.....- .. _r..._.ivision iron"yri fmplernentation Capital Projects/Programs 2035 & BEYOND The implementation has already started. Critical Success Factors: r. Infill Opportunily Zone z. Strategic rezoning of Downtown and BRT corridors g. North Fulton Development Opportunþ 4. Roosevelt Neighborhoods Specific Plan S. Clty of Fresno Technology Investment 37 121412014 Itlext Steps . Certify and Approve MEIR . Approve General Plan Update . Refine Development Code to align with the approved General Plan . Public Review and Staff Revisions of Development Code - Spring 2o1S . Present Development Code to City Council 38 t- I l i I I r z/ //t /o : 15 nrl Poge ll I. INTRODUCTION . GOATS l. lncreose opporlun¡ly, economic development, business ond iob creotion. 2. Supporl q successful ond compeiitive Downtown. 3. Emphosize conservotion, successful odoptolion to climole ond chonging resource conditions, ond performonce effectiveness in the use of energy, woter, lond, buildings, noturol resources, ond fiscol resources required for the long term sustoinqbility of Fresno. 4. Emphosize ochieving heolthy oir quolity ond reduced greenhouse gos emissions. 5. Support ogriculture ond food production os on integrol industry. ó. Protecl, preserve, ond enhonce noturol, historic, ond culturol resources. Z. Provide for o diversity of districts, neighborhoods, housing types (including offordqble housing), residentiol densities, iob opportunities, recreotion, open spoce, ond educotionol venues thot oppeol to o brood ronge of people throughout the city. g. Develop Complete Neighborhoods ond districts with on efficient ond diverse mix of residentiol densities, building types, ond offordobility which ore designed to be heolthy, ottroctive, ond centered by schools, porks, ond public ond commerciol services to provide o sense of ploce ond thol provide os mqny services os possible within wolking dislonce. 9. Promote o city of heolthy communities ond improve quolity of life in estoblished neighborhoods. 10. Emphosize increosed lond use intensity ond mixed-use development oi densities supportive of greoter use of lronsil in Fresno. I l. Emphosize ond plon for oll modes of trovel on locot ond Moior Streets in Fresno. I 2. Resolve exisling public inf rostruclure ond service deficiencies, moke full use of existing infrostructure, ond invest in improvements to increose competitiveness ond promote economic growth. 13. Emphosize the City os o role model for good growth monogement plonning, efficient processing ond permit slreomlining, effective urbon development policies, environmentol quolily, ond o strong economy. 14. Provide o network of well-mointoined porks, open spoces, othletic focilities, ond wolking ond biking lroils connecting the city's districts ond neighborhoods to ottroci ond retoin o brood ronge of individuols, benefit the heolth of residents, ond provide the level of public omenities required to encouroge ond support developmenl of higher density urbon living ond tronsit use. 15. lmprove Fresno's visuol imoge ond enhonce its form ond function through urbon design strolegies ond ef f eclive mo intenonce. I ó. Prolect ond improve public heolth ond sofety. 17. Recognize, respect, ond plon for Fresno's culturol, sociol, ond ethnic diversity, ond foster on informed ond engoged citizenry. Poge l2 CHAPTER 2. ECONOMIC DEVETOPMENT AND FISCAT SUSTAINABITITY Support econom¡c development by mointoining o slrong working relotionship with lhe business community ond improving the business climote for currenl qnd fulure businesses. Economic Development Strotegy Monitor Trends Buy Locol Strotegic Lond Regulotion Reody-to-Go Sites Economic Bose Profile Economic Development Communicotion Plon Regionol Coordinotion Economic Progress Reporl Permit Streomlining ond lncentives OBJECTIVES & IMPLEMENTING POLICIES ;-+¿.-il':.:l¡YS{ql-j,i*Éiil OBJECTIVES & IMPLEMENTING POLICIES Supporl locql business stcrl-ups ond encourqge innovolion by improving occess lo resources qnd ccpitol ond help overcome obslqcles hompering economic developmenl. Technicol ond Finonciol Support Revolving Loon Progrom ond Other Portnerships for lnitiol Copitol Altrqct qnd recruit businesses qnd offer incenlives for economic developmenl. Business Exponsion qnd Attroction Progrom Morketing to Desired Businesses ond lndustries Torgeted lncentives Progrom Strotegic Cotolysts Competitive Utility Costs Strotegic lnf rostructure OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Cultivqte o skilled, educoted, ond releve¡nt iob skill levels in order to lndustry-Educotion Po rtnerships Connect Residents to Jobs Job Troining Progrom lncentives Employment Development Conference Access to Educotion ond Troining Privote-Publlè Portnerships well-lrqined workforce by increcsing educotionql qtloinmenl qnd the oppeol to locql ond non-locql businesses. OBJECTIVES & IMPLEMENTING POLICIES Achieve fiscq I sustoinobilify. Stondqrds qnd Service Districts Fqir qnd Proportionol Poyments Properly Set Fees for Fee-Bosed Services Periodic Fee Studies Fiscql Monogement Budget for Mointenonce Fund Shortoge Notificotion Explore the use of CFDs to Offset Costs Poge l3 CHAPTER 3. URBAN FORM, IAND USE, AND DESIGN OBJECTIVES & IMPLEMENTING POLICIES Emphosize the opportunity for o diversity of districts, neighborhoods, ond housing types. Diverse Neighborhoods Revitolized Downtown Plonning Areo ldentifioble CiÎy Structure INFItt DEVETOPMENT Ronge of Housing Types Unique Neighborhoods Complete Neighborhoods, Densities, ond Development Slondords OBJECTIVES Enhonce the unique sense of chorocter ond identity of the different suboreos of the Downtown neighborhoods. Revitolize the Downtown to be the economic ond culturol heort of Fresno ond the region. support ond encouroge orts ond culture in the Downtown neighborhoods. Promote o greoter concentrotion of buildings ond people in the Downtown. Support new development in the Downtown through investment in pubtic infrqstructure. Promote q diverse mix of uses in the Downtown in order to creote q community wifh o 24 hovr entertoinmenl district. Develop eoch of Downlown's neighborhoods ond districts, occording to its unique chorocter. Copitolize on lhe High Speed Troin system to help revitolize the Downtown neighborhoods. Colibrote porking occording to the Downtown's porking needs ond moke it efficient ond eosy to find. Revitolize lhe Fulton Corridor consistent with the reconslruction proiect. locqle roughly one-hqlf of fulure residentiql developmenl in infill qreqs-defined qs being within the Ciry on December 31, 2Ol2-including lhe Downtown core qreq qnd surrounding neighborhoods, mixed-use cenlers qnd lrqnsil-orienled developmenl olong mcior BRT coridors, cnd olher non-corridor infill oreos, ond vocqnl land. a a a O a a a a o BRT Corridors Activity Centers Locol-Serving Neighborhood Centers Appropriote Mixed-Use DEVETOPMENT AREAS Access to Activity Centers Mixed-Use in Activity Centers lmpocts on Surrounding Uses Porking Stondords for Shored Porking OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Locqle roughly one-hqlf of future residentiql development in the Growth Areas-{efined qs unincorporoted lqnd qs of December 31, 2Ol2 SOl-which qre to be developed with Complete Neighborhoods thqt include housing, services, ond recreqtion; mixed-use cenlers; or olong fulure BRT corridors. Future Plonning lo Require Design Principles Poge l4 OBJECTIVES & IMPLEMENTING POLICIES Creqle qn urbon form that fqcilitqtes multi-modql conneclivity. Design Guidelines for Wolkobility Locol Street Connectivity DENSITY AND INTENSITY Block Length Estqblish a comprehensive citywide lqnd use plonning strctegy lo meel economic development obiectives, qchieve efficient ond equitoble use of resources qnd infrqslruclure, ond creqle on qllrqclive living environmenl. Lond Use Definition ond Compotibility Provision of Public Focilities ond Services Orderly Tronsition of Existing Uses Annexotion Requirements Coordinotion with Fresno County Lond Use Plonning SOI Exponsion Promote Development within the Existing C¡ty L¡m¡ts os of December 31 , 2012 Plqn for infill developmenl thql includes q rqnge of housing lypes, building forms, qnd lqnd uses to meel lhe needs of both currenl qnd fulure residenls. lnfill Development ond Redevelopmenf lnfill Development for Affordoble Housing lnfill Design Toolkit lnf rostructure U p g rodes Neighborhood Preservqtion Lot Consolidotion OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Support lhe successful fulfillment of plans when odopted for the Downlown Plonning Areq. Downtown Plonning Areo Plons Mixed-Use Urbon Corridors thot Connect the Downtown Plqnning Areo" Zoning for High Density on Moior BRT Corridors Enhonce exisling residential neighborhoods through regulotions, code enforcemenl, cnd compctible infill development. Neighborhood Nuisonce Abotement Neighborhood Reinvestment Housing Tosk Force OBJECTIVES & IMPLEMENTING POLICIES Poge l5 OBJECTIVES & IMPLEMENTING POLICIES Plqn for q diverse housing stock thqt will supporl bqlqnced urbqn growlh, qnd moke efficienl use of resources ond public fqcilities. Low Density Residentiol Uses Medium-low Density Residentiol Uses Medium Density Residentiql Uses Medium-High Densily Residentiol Uses Urbon Neighborhood Residentiol Uses Design of Commerciol Development Commerciol Development Guidelines Appropriole Office Development Neighborhood ond Community Commerciol Center Design High Density Residentiol Uses Scole ond Chorocter of New Development Housing Offering Amenities Compus-Centered Communities Retqin qnd enhqnce exisling commerciqlqreos to strengthen Fresno's economic bqse ond sile new office, retqil, ond lodging use districts lo serve neighborhoods qnd regionol visitors. Regionol Center Plonning ond Design Auto-Oriented Commerciol Uses Lodging Focilities Locotion OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Plqn qnd support induslriql developmenl lo promote iob growlh. Efficiency of lndustriol Uses lndustriol Wosle Shored Porking for lndustriol Uses Civic ond lnslitutionol Use Compotibility Access to Public Focilities lncentives for o Diversity of lndustries, lncreosed Food Processing ond Monufocturing, ond Reloled Employment Opportunities in Fresno. Business ond lndustriql Porks Provide for the developmenl of civic qnd instilulionql lqnd uses lo meel the educqlionol, medicql, socicl, economic, culturol, ond religious needs of the community. Plqn lqnd uses, design, ond developmenl intensities lo supplement qnd supporl, qnd nol compele with, the Downlown. Zoning for Public Focilities Public Focilities ond lnstitutions Meeting City Stondords Downtown Sightline View Corridors lmprove Access Residentiol Locotions Adivity Centers Primocy of Downtown Directionol Signoge OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Poge ló Promole reg¡onql cooperdt¡on qnd coord¡nqt¡on on ldnd use ond plonning issues dmong locol iurisdictions. Regionol Lond Use ond Tronsportotion Plonning Progrom lntegrity of the Generol Plon Memorondum of Understonding (MOU) Encouroge coordinqtion with odiocent lurisdictions in providing public services, infrqstructure qnd cooperolive economic development. Regionol Progroms Regionol Economic Development Generol Plon Consistency BUIIDINGS AND DESIGN OBJECTIVES & IMPLEMENTING POLICIES r;-':',', i ?åVçJe -i-j;:{.i) OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Plovide ond mointqin qn urbqn imoge lhqt crecles q ¿rsense of ploce" throughoul Fresno. Direct Access to Units Active Ground Floor Frontoge Privotely Owned Public Spoces Public Art Grophic ldentity Updote Street Signs Reducing Surfoce Porking Screening of Porking Wropping Porking Structures Lighting Stondords OBJECTIVES & IMPLEMENTING POLICIES Enhqnce the visuql imcge of oll "golewqy" roules entering the Fresno Plcnning Areq. Design Requirements for Gotewoys Highwoy Beoutificotion Funding for Gotewoy Enhoncements OBJECTIVES & IMPLEMENTING POLICIES Creqle unified plcrns for Green Slreels, using distinctive feqlures reflecting Fresno's londscope heritoge. Green Street Tree Plonting Funding for Green Street Tree Plqnting Progrom Design Review for Lorge Buildings lncentives for Pedestrion-Oriented Anchor Retoil Appropriote Doy ond Night Activity Design for Sofety Locol Streets os Urbon Porkwoys Undergrounding Utilities Preserve ond strenglhen Fresno's overqll imoge through design review qnd creale o scfe, wqlkqble ond otlrqclive urbqn environment for lhe current qnd fulure generolions of residents. Flexibility through Overloy Districts Design Compotibility with Residentiql Uses Development Code Updote for Design Concepts Metol Buildings OBJECTIVES & IMPLEMENTING POLICIES Poge l7 OBJECTIVES & IMPLEMENTING POLICIES Mointoin dnd ¡mprove community oppeorqnce lhrough progroms thot prevent qnd qbqte blighting influences. Code Enforcement Cleqn Streets Foçode lmprovements Grqffiti Prevention ond Abotement Community Sonitotion OBJECTIVES & IMPLEMENTING POLICIES Encourage design thqt celebrqles and supporls the cullurol qnd ethnic diversity of Fresno. Consult with neighboring populotions, including non-English speoking groups, to inform the orchitecture, londscope, progromming, ond interior design of City-owned focilities such os porks, offices, street lighting, ond other visible feotures. Consider odopting ond implementing incentives for, ond support efforts by, privofe development to incorporqte cutturolly-specific qrchitecturol elements in qreos with o predominont ethnic populotion. Continue opplying locql urbqn form, lqnd use, ond design policies to specific neighborhoods qnd locqtions. Amend or repeol the Community ond Specific Plons qs listed below. As oppropriote, relocote specific street setbock requirements found in the vorious plons to the Development Code. Repeol the Locol Plonning ond Procedures Ordinonce (LPPO) ofter odoption of the Generol Plon. Amended Plons:Repeoled Plons: Bullqrd Community Plon (becomes Pinedqle Neighborhood Plon) West Areo Community Plon Sierro Sky Pork Lond Use Policy Plon (for consistency with the Airport Roosevelt Community Plon Lond Use Commission's Sierro Sky Pork Plon) Fulton/Lowell Specific Plon Tower District Specific Plon Butler-Willow Specific Plon North Avenue lndustriol Plon Sun Gorden Acres Specific Plon Woodwqrd Pork Community Plon Centrol Areo Community Plon Mclqne Community Plon Fresno-High Roeding Plon Hoover Community Plon (becomes El Dorqdo Pork Neighborhood Plon) Yosemite School Areo Specific Plon Dokoto-First Street Specific Plon Edison Community Plon Civic Center Moster Plon Highwoy City Specific Plqn Consider preporing new community, neighborhood, ondf or Specific Plqns for neighborhoods qnd locotions thot were covered by repeoled plons. OBJECTIVES & IMPLEMENTING POLICIES Poge l8 CHAPTER 4. MOBITITY AND TRANSPORTATION Creote qnd mqintqin o tronsporldl¡on syslem thot is safe, efficient, provides qccess in on equiloble monner, ond optimizes lrqvel by cll modes. Tronsportotion Plonning Consistent with the Generol Tronsportotion lmprovements Consistent with Plon Community Chorocter Circulotion Plon Diogrom lmplementotion Plon Line Adoption lntegrote Lond Use ond Tronsportotion Plonning Ensure lnterconnectivity Across Lond Uses Motch Trovel Demond with Tronsportotion Focilities Complete Streets Concept lmplementotion Updote Stondords for Complete Streets Locol Street Stondords Multi-Modol Level of Service Stqndqrds Level of Service in the Downtown Areq Stondords for Plonned Bus Ropid Tronsit Corridors ond Activity Centers Peok Hour Vehicle LOS LOS Deviotions Outside of Activity Centers ond Areos Designoted for Mixed-Use Porticipote in Susfoinoble Communities Strotegy/ Regionol Tronsportotion Plon OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Mqke efficient use of lhe Cily's existing ond proposed lronsportqtion system qnd strive to ensure the plonning cnd provision of cdequole resources to operote qnd mqinlqin it. lntensificotion of Bus Ropid Trqnsit Corridors Reduce Vehicle Miles Troveled ond Trips Reduce VMT through lnfill Development Street Redesign where Excess Copocity Exists Drivewoy ond Access Consolidotion Optimizotion of Roodwoy Operotions Dig Once Policy Telecommunicotions Strolegy Gront Funding Tronsportotion Demond Monogement ond Tronsportotion System Monogement Updote TIS Tronsportotion lmpoct Studies Funding for Multi-Modol Tronsportotion System Funding for Complete Streets Retrofits Region-Wide Tronsportotion lmpoct Fees OBJECTIVES & IMPLEMENTING POLICIES ldentify, promole and preserve scenic or qesthelicolly unique corridors by opplicotion of oppropricte policies ond regulolions. Scenic Corridors. lmplement meqsures to preserve ond enhonce scenic quolities olong scenic corridors or boulevords, including: Von Ness Boulevord - Weldon to Show Avenues Vqn Ness Extension - Show Avenue to the Son Jooquin River Bluff Keorney Boulevord - Fresno Street to Polk Avenue Von Ness/Fulton couplet - Weldon Avenue to Divisodero Butler Avenue - Peoch to Fowler Avenues Minnewowo Avenue - Belmont Avenue to Centrol Conol Huntington Boulevord - First STreet to Cedor Avenue Shepherd Avenue - Friont Rood to Willow Avenue Audubon Drive - Blockstone to Herndon Avenues Friont Rood - Audubon to Millerton Roqds Tulore Avenue - Sunnyside to Armstrong Avenues Ashlon Avenue- Polm to Moroo Avenues Poge l9 Estoblish ond mointoin q continuous, sofe, ond eos¡ly accessible bikewoys syslem lhroughoul the melropol¡tqn qreq lo reduce vehicle use, improve qir quql¡ty ond the quclity of life, ond frovide public heolth benefits. Estoblish o well-integroled nelwork of pedestriqn fqcilities lo qccommodqle sofe, convenienl, procticol, ond inviting lrqvel by wclking, including for those with physicql mobitity ond vision impoirments. Bicycle, Pedestrion, ond Troils Moster Plon Bikewoy lmprovements Bikewoy Linkoges Prioritizolion of Bikewoy lmprovements Minimum Bike Lone Widths Bike Detection Devices Advococy for Bike Accommodotion Bicycle Porking Focilities Bicycling ond Public Tronsportoiion Street Mointenonce for Bicycle Sofety Bicycle Sofety, Aworeness, ond Educotion Preference for Public Ownership Poth ond Troil Design Stondords Voriety in Poth qnd Troil Design Poih ond Troil Buffers Environmentolly Sensitive Poth ond Troil Design Poth qnd Troil Crossings Emergency Vehicle Access olong Polhs ond Troils Sidewolk Development Sidewolk Requirements New Subdivision Design Pedestrion Sofety Troffic Monogement in Estoblished Neighborhoods Modificotions to Street Stondords Establish q network of multi-purpose pedeslricn ond bicycte poths, os well qs limited qccess trqils, to link residentiql creos to local ond regionol open spqces ond recreqlion qreqs qnd urbqn Aclivily Cenlers in order lo enhqnce Fresno's recreqlionql amenities ond qhernqtive lransporlqlion options. Link Residences to Destinolions Multi-Agency Plonning for Poths ond TroilSystem Link Polhs qnd Troils qnd Recreotionol Focilities Link Poths ond Troils ond Culturol Resources Utilize Public Rights of Woy Poth ond Troil Designotion Process Poth ond Troil Development Pursue o variely of funding sources to mqximize implemenlqlion ond devetopmenl of the City's poth ondlroil syslem. Urbon Poú ond Troil Development Funds Supporling Nonprofit Orgonizotions Citywide Funding Progrom for Poth qnd Troil Network Poge ll0 Provide public lransil oplions thqt serve exisling ond future concentrqlions of residences, employment, recreqlion ond civic uses and qre feqsible, efficient, sqfe, qnd minimize environmenlql impocts. - Street Design Coordinoted with Tronsit Tronsit Serving Residentiol ond Employment Nodes New Development Focilitoting Tronsit Coordinqtion of Tronsportotion Modes Regionol Coordinotion Multi-modol Downtown Tronsportotion Focility High Speed Troin Move Forword w¡th H¡gh Speed Troin Stotion Areo Plonning Legislotive Support Trqnsit Services Provide public trqnsil opportunities to lhe mqximum number and diversity of people procticoble in bqlqncewith providing service thqt is high in quolity, convenienl, frequenl, reliqbie, cosl- effective, ond fincnciolly feqsible. Equitoble Trqnsit Provísion Tronsit Service Productivity Evoluotion Long-Ronge Tronsit Options Areo Specific Tronsit lmprovements Encouro ge Telecommutin g Addressing Unmet Tronsit Needs Estqblish porking standqrds lhqt are strotegicclly tuned lo support neighborhoods, shopping districts ond employmenl cenlers thqt hove c complete rqnge of trcnsporlotion choices. Updoting Porking Stqndords Shqred Porking Tronsportotion Demond Monogement Guidelines lmprove Goods Movement for Product Exporl Roilrood lmprovements Truck Route Designotions Appropriote Truck Route Roodwoy Design Roilrood Crossing lmprovements Stqte Route 99 / Goods Movement Porking Moximums Porkíng Cqsh-Out Porking Benefit Districts Achieve necessqry copocity increosing qnd inter-modql connectivity enhcncing improvemenls lo the goods movemenl transportotion system to supporl the growth in crilicol fcrm product ond vqlue added industries. Operole the CiÍy's municipol airporl fqcilities lo meet presenl ond onticipoted demsnds in o mqnner that mqintqins complionce with federql regulotions, enhonces sofety to the public, minimizes the qdverse effecls of qircrqft operolions on people, ond promotes the economic heqlth of the communily. Funding for Airport Copitol lmprovements Airport Ground Movement lmprovements Airport Monogement qnd Viobility Poge lll lmprove lhe compelitiveness of domestic qnd inlernqlional qir corrier service, ond qir cqtgo operolions lo and from Fresno Yosemile Internqlioncl Airport (FYl). lncreose Competitiveness Morketing Air Trovel Exponding Service Airport Property Development Aviotion Support Services Environmentol Remediotion of Hommer Field OBJECTIVES & IMPLEMENTING POLICIES Poge l12 CHAPTER 5. PARKS, OPEN sPACE, AND SCHOOLS OBJECTIVES & IMPLEMENTING POLICIES Provide dn expqnded, high quolity qnd diversified pork syslem, ollowing for vqried recreqlionql opportunities for the enlire Fresno communily. Porklond stondord Porks lmplementotion Plonning Public lnput in Pork Plonning Additionol porklond in certoin qreos Criterio for Porks in Development Areos Porks ond Open Spoce Diogrom Regionol Urbon Forest Minimum Pqrk Size for Active Recreotion Pork Design Guidelines Pork Security ond Design Coordinqtion with School Districts Joint Use with Droinoge Focilities Ensure thot odequqle lqnd, in oppropriqte locotions, is designqted ond ccquired for park ond recreqlion uses in infill ond growth dreos. Pork ond Recreqtion Priorities Review of Development Applicotions Recreotion Opportunities neor Freewoy Corridors Ensure thot pork qnd recreqtionol focilities mqke lhe mosl efficient use of lqnd; thqt lhey ore designed and monoged to provide for the entire Fresno community; qnd thqt they represent positive exomples of design and energy conservqlion. Centrolized Pork Locotions Pork Locotion ond Wolking Distqnce Link Porks with Wolkwoys Sidewolks to Connect Neighborhoods Open Spoce Dedicotion for Residentiol Development Freewoy Londscoping OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Pursue sufficient qnd dedicqled funding for porks ocquisition, operotions, qnd mainlenqnce. Supplementol Revenue Operotion ond Mointenonce Finoncing SPECIAT STATUS SPECIES Hobitot Areo Acquisition Hobitot Conservotion Plons Buffers for Noturol Areos lmprovements in Estoblished Neighborhoods Mointoin Adopf-A-Pork Progrom Provide for long-term preservqlion, enhqncemenl, ond enioyment of plonl, wildlife, cnd aquotic hqbilot. Pursue development of coniunctive hobitot ond recreotionol troil uses in flood control ond droinoge proiects. Regionol Mitigotion qnd Hobitot Restorotion OBJECTIVES & IMPLEMENTING POLICIES Guidelines for Hqbitot Conservotion Assistonce in Volley Arboretum Moster Plonning Poge l13 OBJECTIVES & IMPLEMENTING POLICIES Mqintqin qnd reslore, where feosible, the ecologicql vqlues of the Son Jooquin River corr¡dor. Son Jooquin River Porkwoy Moster Plon Effects of Stormwoter Dischorge Supporl lhe Sqn Jooquin River Conservqncy in its collqborolive, multicgency effods to develop the Sqn Jooquin River Porkwoy. Preserve Wildlife Corridors River Bluffs Wildlife Corridor olong Son Jooquin River Son Jooquin River Porkwoy - River West Fresno Proiect Areo Monitoring River Corridor Conditions lnterlink City ond Son Jooquin River Porkwoy Troil Networks Buffer Zones neqr lntensive Uses Public Access to Son Jooquin River Porkwoy Troil Networks Nolurol Hobitots ond Historic Resources scHoors Work cooperolively with school dislricts lo find oppropriote locqtions for schoots to meet the needs of sludents and neighborhoods. Support School Districts' Progroms Appropriote School Locotions Pork ond School Site Coordinotion Work with Cqliforniq Stqte Universily, Fresno, ond other institutions of higher leorning in Fresno, to enhance the City's workforce, iob creotion, ond economic developmenl, qs wetl os its imoge qnd desircbiliiy os o ploce to live. Economic Potentiol of lnstitutions of Higher Educotion in Fresno Regulor Coordinotion with lnstitutions of Higher Educotion in Fresno University Neighborhood Plonning OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Pcge l14 CHAPTER ó. PUBTIC UTITITIES AND SERVICES POTICE Provide the level of low enforcement dnd cr¡me prevention services necessqry lo mqintqin o scfe, secure, qnd stqble urbqn living environment lhrough o Police Deporlment ihqt is dedicqted to providing professionol, elhicol, efficient and innovqtive service with integrity, consislency cnd pride. lntegrotion of Crime Doto lnvolvement in Generol Plon Sofety Considerotions in Development Approvol New Police Stotion Locofions Communicotion wilh Public FIRE Low Enforcement Colloborotion Plon for Optimum Service Retqil Conversion Crime ond Nuisqnces Lighting ond Sofety OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Ensure thql the Fire Depcrlmenl's stcffing ond equipmenl resources cre sufficienl to meel oll fire qnd emergency service level obieclives qnd ore provided in an efficient qnd cost effective monner. Unify Fire Protection Mointoin Ability Rescue Stondords Stotion Siting Service Stondords Plon for Optimum Service Community Focilities District for Emergency Services OBJECTIVES & IMPLEMENTING POLICIES Enhqnce the level of fire protection lo meel lhe increqsing demond for services from on increosing populotion. Fire Prevention lnspections Reduction Strotegies Building Codes Plon for Regionol Needs New Trunk Focilities System Extension ond Cost Recover Adequote lnf rostructure Cost Recovery Annexotions New Fire Stotion Locotions Public Educotion Strotegies Review Development Applicotions WASTEWATER COTTECTION AND TREATMENT Ensure provision of odequote lrunk sewer qnd collector mqin copocilies lo serve existing ond plonned urbqn developmenl, consistent with lhe Wqslewoler Mqster Plqn. Copocity Modeling Evqluote ond Mointoin lnfrostructure OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Poge l15 Preserve groundwqler quol¡ty qnd ensure thqt the heqlth ond sofety of the enlire Fresno communily is nol impoired by use of privole, on-sile disposol syslems. Mondotory Septic Conversion Non-Regionol Treotmenl Sotellite Focilities Ensure the provision of odequole sewoge lreqlmenl ond disposol by utilizing lhe Fresno-Clovis Regionol Wastewoler Reclqmalion Focility qs lhe primory fccility, when economicqlly feosible, for qll existing cnd new developmenl within the Metropolito4 Areq. Treotment Copocity ond Cost Recovery Consider Copocity in Plon Amendments Promote reduction in wqslewoter flows qnd develop fccililies for beneficiql reuse of reclqimed wqter qnd biosolids for monogemenl qnd dislribution of lreoted wqslewqler. Monoge qnd develop lhe City's wqler fqcilities on q slralegic limeline bosis lhot recognizes the long life cycle of lhe qssets qnd the durqlion of the resources, lo ensule o sofe, economicql, qnd reliqble wqler supply for exisling cuslomers cnd plonned urban developmenl qnd economic diversificqlion. Reduce Wostewoter Reduce Stormwoler Leokoge WATER New Techniques Complionce w¡th Stote Low Cleonup ond Nuisonce Abotement Focility Siting Tire Dumping Wostewoter Recycling lnfiltrotion Bosins Food ond Drink lndustry Biosolid Disposol Forecost Need Potqble Woler Supply ond Cost Recovery Conditions of Approvol CIP Updote SOTID WASTE Repoirs Woter Quolity Review Proiect lmpoct on Supply Provide odequate solid wqsle fqcilities qnd services for the colleclion, lronsfer, recycling, ond disposol of refuse. Household-Generqled Hqzqrdous Wqsle qnd Hqzqrdous Wqsle Fqcilities. Allow for household-generoted hozordous woste qnd hozordous woste focilities, which ore plonned ond zoned for Heovy lndustriol uses, only ofter CEQA review, environmentql ossessments, ond opprovol of o Conditionol Use Permit. OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Poge lló HAPTER 7. RESOURCE CONSERVATION AND RESITIENCE JECTIVES & IMPLEMENTING POLICTES ¡ke efficienf use of existing qnd future public infrcrslructure. tting Service Stondords rpitol lmprovement Progrom ioritize Revenues rcrdinote Public Construction d Dig Once Telecommunicotions Strotegy Gront Funding Public-Privqte Portnerships JECTIVES & IMPLEMENTING POLICIES omole lond uses lhql consetve resources. ,k Lond Use to Tronsportotion Provide lnfrostructure for Mixed-Use ond lnfill. JECTIVES & IMPLEMENTING POLICIES :tively engqge, listen lo, educcle, ond enlist the support of the Fresno community on lhe need qnd olegies for resource conservolion. rck Trends in Resource Consumption Community Outreoch ond Joint Solution Moking ¡lti-J urisdictionol Efforts IR QUATITY AND GREENHOUSE GAS EMISSIONS cooperotion with other iurisdictions cnd cgencies in the Scn Jooquin Volley Air Bosin, toke necessory lions lo qchieve ond mqinloin compliance wilh Stqle qnd federql oir quolity standqrds for criterio llutqnls. I pport Regionol Efforts FAX Actions nditions of Approvol Airport Actions pport Employer-Bosed Efforts Methone Copture rnicipol Operotions ond Fleet Actions Forwqrd lnformotion All Deportments ' Electric Vehicle Chorging Evoluote lmpocts w¡th Models ! s cooperotion with olhe¡ iurisdictions ond ogencies in the Son Jooquin Vclley Air Bosin, toke limety, cessqry' qnd the mosl cosl-effective qctions to qchieve qnd mqintqin reductions in greenhouse gcs lissions qnd qll slrolegies lhqt reduce lhe cquses of climqte chonge in order to limit ond prevent the oted polentiql detrimentql effects upon public heqlth qnd welfqre of present ond fufure residents of the )sno community. rport Stote Goql to Reduce Stqtewide GHG Emissions eenhouse Gos Reduction Plqn lG Reduction through Design ond Operotions S qnd CAP Conformity Anolysis Ensure Complionce Toolkit Evoluqte lmpocts w¡th Models JECTIVES & IMPLEMENTING POLICIES JECTIVES & IMPLEMENTING POLICIES Poge l17 WATER RESOURCES OBJECTIVES & IMPLEMENTING POLICIES Ensure lhql Fresno hqs q reliqble, long-ronge source of drinkqble wqler. Regionol Efforts Woter Plons Lond Use ond Development Complionce Recycled Woter Protect Aquifer Regulote Sewoge Disposol Focilities Protect Rechorge Areos Conditions of Approvol Noturol Rechorge OBJECTIVES & IMPLEMENTING POLICIES Promole wqler conservqlion through slondords, incentives ond ccpitcl inveslmenls. Woter Conservotion Progrom Torget Woter Pricing ond Melering Best Proctices for Conservotion Updote Stondords for New Development lmplementotion ond Updote Conservotion Progrom Educote on Stote Requirements Londscope Woter Conservqtion Stondords PACE Finoncing Retrofit Cily Foc¡l¡t¡es, ond Consider lncentives Progroms to Encouroge Retrofitting of Other Existing Public ond Privote Residentiol qnd Non-Residenliol Focilities ond Sites ENERGY RESOURCES Reduce lhe consumption of non-renewoble energy resources by requiring ond encouroging conservolion mecsures qnd lhe use of qllernqlive energy sources. Existing Stondords ond Progroms Energy Reduction Torgets Energy Conservotion in New Development lncentives Energy Use Disclosure City Heoting ond Cooling FARMI.AND Revolving Energy Fund Solor Assistonce Renewoble Torgel Alternotive Fuel Network Energy Efficiency Educotion OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Preserve ogriculturol lqnd outside of the oreo plonned for urbqnizqlion under this Generql Plon. Regionol Cooperolion Unincorporoted Lond in the Plonning Areo Formlond Preservolion Progrom Poge l18 MINERAT RESOURCES Conserve aggregqte mineral resources within lhe Plqnning Areo, os identified by rhe Division of Mines ond Geology, qnd qllow for responsible exlrqcrion lo meel Fresno's needs. Meet Future Needs Zoning in Son Jooquin Riverbottom. Processing-Mining Link WASTE REDUCTION Monoge MRZ-2 Areos Existing Permils Cooperole on Uniform Criterio slrive lo reduce the solid wqste going to lqndfilts to zero by 2035. Woste Reduction Strotegies Zero Woste Strotegy lndustry Efforts OBJECTIVES & IMPLEMENTING POLICIES Poge 119 CHAPTER 8. HISTORIC AND CUITURAL RESOURCES ETEMENT Mqintoin q comprehens¡ve, citywide preservql¡on progrqm to identify, prolect qnä qssist in the preservolion of Fresno's historic qnd culturql resources. Certified Locol Government Preservolion Office, Commission ond Progrom Historic Preservotion Ordinonce IDENTIFICATION AND PRESERVATION ldenlify ond preserve Fresno's historic ond cuhurol resources thql reflect imporlonl cullurol, sociol, economic, qnd qrchileclurol feotures so lhqt residenls will hqve a foundqlion upon which lo meqsure ond direct physicol chonge. ldentificotion ond Designolion of Historic Properties Historic Surveys Proiect Development Notive Americon Sites Alternote Public lmprovement Stondords Archoeologicol Resources Demolition Review THE NEW CITY BEAUTIFUT Promole q "New City Beouliful" elhos by linking historic preservotion, public crt, ond plonning principles for Complete Neighborhoods with green building ond technology. Adoptive Reuse Public Art Context Sensitive Design OUTREACH AND EDUCATION Foster on cppreciqlion of Fresno's hislory qnd cullurql resources. lnter-Agency Colloborotion Public Archives Heriloge Tourism ond Public Educolion Troining qnd Consultotion Minimum Mointenonce Stondords Preservotion Mitigotion Fund Window Replocement City-Owned Resources City Historic Preservolion Teom Locol Regisler Listing Property Dolobose ond lnformotionol System Preservotion Awords Economic lncentives OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES Poge 120 CHAPTER 9. NOISE AND SAFETY Protecl lhe cilizens of lhe Cily from the hqrmfut qnd qnnoying effects of exposure to excessive noise. Desiroble ond Generolly Acceptoble Exterior Noise Environment Conditionolly Acceptoble Exterior Noise Exposure Ronge Generolly Unocceptoble Exterior Noise Exposure Ronge Allowoble Exterior Noise Environment for BRT ond Activity centers Updote Noise OrdÍnonce Sound Woll Guidelines Airport Noise Compotibility Performonce Stondord SEISMIC AND GEOTOGIC HAZARDS lnlerior Noise Level Requirement Mitigotion by New Development Significonce Threshold Proposol Review Enforcement Tronsportotion Reloted Noise lmpocts Best Avoiloble Technology Minimize risks of properly domoge ond personol iniury posed by geologic qnd seismic risks. Seismic Proteclion Londfill Areos Soil Anolysis Requirement Bluff Preservotion Overloy Zone STORM DRAINAGE AND FTOOD CONTROT Minimize the risks lo properly, life, ond lhe environmenl due to flooding qnd slormwoler runoff hazqrds. Stormwoter Droinoge ond Flood Control Moster Plon Curb ond Gutler lnstollotion Duol Use Fqcilities Londscoped Buffer Pollulonts Flooding Emergency Response Plons Essentiol Focilities Siting Outside of Floodploins Runoff Controls HAZARDOUS MATERIATS New Development Must Mitigote lmpoct Notionol Flood lnsuronce Progrom I 00-Yeor Floodploin Policy 200-Yeor Floodploin Protection Flood Risk Public Aworeness Precipitotion Chonges Minimize the risk of loss of life, iniury, serious illness, ond domoge to propeÉy resulting from the use, lronsporlr lreolmenl, ond disposql of hqzordous mqleriqls and hqzqrdous wastes. Processing ond Storoge Coordinotion Soil ond Groundwoter Contominotion Reports Site ldentificotion Complionce with County Progrom Hozordous Moteriols Focilities Hozmol Response Household Collection Public lnformotion 5?;ætr'a Poge l2l AIRPORT SAFETY Protect lhe safely, heqllh, qnd welfare of persons ond properly on lhe ground qnd in oircrqfl by minimizing exposure lo oirporl-relqted hqzords. Lqnd Use ond Height Airport Sofety Hozords Aviotion Eosements EMERGENCY RESPONSE Disclosure Plonned Exponsion OBJECTIVES & IMPLEMENTING POLICIES Fosler qn efficient ond coordinqted response lo emergencies qnd nqlurql disqsters. County Multi-Jurisdiction Hozord Mitigotion Plon Disosler Response Coordinolion Emergency Operotions Plon Evocuotion Plonning Criticol Use Focilities Emergency Vehicle Access Emergency Preporedness Public Aworeness Progroms Poge 122 CHAPTER I O. HEALTHY COMMUNITIES Work with neighborhood qssociqtions of locol residents, businesses, qnd instilulions on neighborhood qnd community heqlth initiqtives. Neighborhood Associotions Locol Heolth WorkshoPs Neighborhood Core Focilities Culturol Sensitivity Creqle complele, well-slructured, ond heollhy neighborhoods ond lronsporlotion syslems. Heolthy Neighborhoods Supportive Housing Prevent Crime through Design Mobility for Corless Populotion Bike ond Pedestrion Nelwork Creqte heolthy, safe, ond qffordqble housing. Universol Design Housing-Reloted lllness Assessmenl ond Testing Housing Services Green Stondords for Affordoble Housing Heolth Services ond Medicol Focilities in Underserved Neighborhoods New Drive-Through Focilities faT3lfLlN/t.r¡.llÀY¡l¿l?^Y¡l¡NlllN(Craorrtrl¡L tmprove propertY mqinlenqnce. Business Mointenonce Stondords Locol Business Assistonce Residenliol Mointenonce Stondords Cooperotive Complionce Monitoring Code enforcement Chronic Violotors Promole dccess to heclthy qnd qffordqble food. Heolthy Grocery lncentives Food Assistonce Awqreness Refrigerotion Assistonce for Locol Stores Work with Formers Morkets Food Policy Council Urbon Agriculture Commercio I Ag riculture lmprove dccess lo schools qnd their fqcilities for the communily. Sofe Routes to Schools Site Schools on Sofe Streets Work with School Districts on Focilities Agreemenls New School Strolegies Poge 123 Eslqblish priorilies qnd mechonisms for park focilities improvemenls linked to effectiveness qnd improving heqlth. Priorilizotion System for Porks lmprovements Performonce-Bqsed Copitol lmprovements Funding Mechonisms for Open Spoce Mqintenonce lntegroted Pest Monogement OBJECTIVES & IMPLEMENTING POLICIES OBJECTIVES & IMPLEMENTING POLICIES 5upport progroms, leodership, ond opporlunities for Fresno's youth. Out-of-School Youth Progroms Youth Leodership Progrom ' Job Troining, Apprenticeships, ond Plocement Youth Moster Plon City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-632 Agenda Date:12/4/2014 Agenda #: REPORT TO THE CITY COUNCIL December 4, 2014 FROM:JENNIFER CLARK, Director Development and Resource Management Department SUBJECT WORKSHOP on the City of Fresno’s General Plan Update City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-502 Agenda Date:12/4/2014 Agenda #:"A" REPORT TO THE JOINT POWERS FINANCING AUTHORITY November 20, 2014 FROM:MICHAEL A. LIMA, Controller/Finance Director/(ex-officio)Treasurer Finance Department BY:KAREN M. BRADLEY, Assistant Controller Finance Department GREGORY S. WILES, Treasury Officer Finance Department SUBJECT Consent to and authorization of the investment of monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of investment and authorize certain Finance Officers in connection therewith (Authority action) 1.RESOLUTION - Designating and authorizing certain Finance Officers of the City of Fresno to deposit and withdraw funds into and out of the Local Agency Investment Fund (“LAIF”) in the State Treasury (Authority action) RECOMMENDATION Staff recommends that the Joint Powers Financing Authority (“JPFA”)Members of the Board approve the attached Resolution,authorizing the investment of monies in LAIF,and authorizing certain Finance Officers to conduct investment transactions with LAIF. EXECUTIVE SUMMARY On October 25,1988,the Board adopted By-Laws of the JPFA (“By-Laws”),which appointed the Treasurer of the City of Fresno as the Controller and Treasurer of the JPFA (hereafter “Controller and Treasurer”).The Controller and Treasurer is to have charge of all monies of the JPFA,shall sign checks and various commercial banking documents,and provide verbal instruction as required for the prudent financial administration and safekeeping of JPFA funds and property.In order to accomplish these tasks,it is necessary for the JPFA Controller and Treasurer to delegate some duties to responsible City of Fresno-Finance Department employees.Pursuant to Section IV.D.(7)of the Joint Exercise of Powers Agreement by and between the City of Fresno and the Redevelopment Agency of the City of Fresno,now the City of Fresno as Successor Agency to the Redevelopment Agency of the City of Fresno,as amended November 1,1991 (“Joint Powers Agreement”),the Board City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-502 Agenda Date:12/4/2014 Agenda #:"A" has the power to appoint such other officers and employees as it may deem necessary. BACKGROUND The Joint Powers Agreement was approved on October 25,1988 for the purpose of assisting the City in financing various capital projects.As the JPFA has no employees of its own,the Joint Powers Agreement and the By-Laws designate the Treasurer of the City as the Treasurer and Controller of the JPFA.As such,it is the Treasurer and Controller’s responsibility to administer the financial affairs of the JPFA under the direction of the Board.Examples of the financial affairs assigned to the Treasurer and Controller include:Signing checks,purchasing investments,and performing various other banking transactions.As with the Treasurer and Controller position,since the JPFA has no employees of its own,in order for the Treasurer and Controller to effectively and efficiently meet his/her responsibilities,the authority for performing many JPFA finance functions must be delegated to responsible City of Fresno-Finance Department employees.A reasonable system of internal controls requires that only certain employees be authorized to approve these day-to-day transactions. These employees,along with the Treasurer and Controller,are to be designated as the JPFA’s Finance Officers.The attached Resolution contains the complete list of proposed Finance Officers, along with their exemplar signatures,and provides the authorization for them to perform JPFA financial transactions.The list includes the City of Fresno Controller/Finance Director/(ex-officio) Treasurer,the Assistant Controller and the Management Analyst III of the Finance Department’s Administration Section,and the Treasury Officer of the Finance Department’s Treasury Section.The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered because this Resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT The compensation of the Controller/Finance Director/(ex-officio)Treasurer and the additional Finance Officers to be appointed by this Resolution,has been established by the City’s Position Authorization Resolution and Budget for Fiscal Year 2014-2015.Section IV.D.(4)of the By-Laws provides for charges to be made against the JPFA,for the services of the Treasurer and Controller,as determined by the City.Since the amount of service to be provided to the JPFA is currently unknown,there is no way to determine the fiscal impact on the JPFA.However,there will be no cost to the General Fund or any other City fund associated with the recommended action,due to the fact that the cost of any service provided to the JPFA will be offset by charges to the JPFA.Further,there is no financial impact on any particular Council District as a result of the recommended action. City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-502 Agenda Date:12/4/2014 Agenda #:"A" Attachment:Resolution City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-503 Agenda Date:12/4/2014 Agenda #:"B" REPORT TO THE JOINT POWERS FINANCING AUTHORITY November 20, 2014 FROM:MICHAEL A. LIMA, Controller/Finance Director/(ex-officio)Treasurer Finance Department BY:KAREN M. BRADLEY, Assistant Controller Finance Department GREGORY S. WILES, Treasury Officer Finance Department SUBJECT Designate and authorize certain Finance Officers of the City of Fresno (“City”) to sign various investment and commercial banking documents, and to provide verbal instruction required for prudent financial administration and safekeeping of Fresno Joint Powers Finance Authority (“JPFA”) funds and property (Authority action) 1.RESOLUTION - Designating and authorizing certain Finance Officers of the City of Fresno to take certain actions as required for the prudent financial administration and safekeeping of authority funds and property (Authority action) RECOMMENDATION Staff recommends that the JPFA Board of Directors (“Board”)adopt the attached Resolution designating and authorizing the following employees of the City of Fresno to perform certain duties necessary for the day-to-day financial operations of the JPFA:Controller/Finance Director/(ex-officio) Treasurer,the Assistant Controller,and the Management Analyst III of the City’s Finance Department’s Administration Section,as well as the Treasury Officer and the Senior Accountant- Auditor of the City’s Finance Department’s Treasury Section. EXECUTIVE SUMMARY On October 25,1988,the Board adopted By-Laws of the JPFA (“By-Laws”),which designate the Treasurer of the City of Fresno as the Treasurer and Controller of the JPFA (“Treasurer and Controller”).Responsibilities of the Treasurer and Controller of the JPFA include signing checks and various investment and commercial banking documents,and providing verbal instruction as required for the prudent financial administration and safekeeping of JPFA funds and property.In order to accomplish these tasks,it is necessary for the Treasurer and Controller to delegate some duties to City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-503 Agenda Date:12/4/2014 Agenda #:"B" accomplish these tasks,it is necessary for the Treasurer and Controller to delegate some duties to responsible City of Fresno-Finance Department employees.Pursuant to Section IV.D(7)of the Joint Exercise of Powers Agreement by and between the City of Fresno and Redevelopment Agency of the City of Fresno,now the City of Fresno as Successor Agency to the Redevelopment Agency of the City of Fresno,as amended on November 1,1991(“Joint Powers Agreement”),the Board has the power to appoint such other officers and employees as it may deem necessary. BACKGROUND The Joint Powers Agreement was approved on October 25,1988,for the purpose of assisting the City in financing various capital projects.As the JPFA has no employees of its own,the Agreement and the By-Laws designate the Treasurer of the City as the Treasurer and Controller of the Authority. As such,it is the Treasurer and Controller’s responsibility to administer the financial affairs of the Authority under the direction of the Board.Examples include:Signing checks,purchasing investments,and performing various other banking transactions.The authority for performing many finance functions must be delegated to responsible City of Fresno-Finance Department employees. These employees,along with the Treasurer and Controller,are to be designated as the JPFA’s Finance Officers.The attached Resolution contains the complete list of proposed Finance Officers, along with their exemplar signatures,and provides the authorization for them to perform JPFA financial transactions.The list includes the City of Fresno Controller/Finance Director/(ex-officio) Treasurer,the Assistant Controller and the Management Analyst III of the Finance Department’s Administration Section,as well as the Treasury Officer and the Senior Accountant-Auditor of the Finance Department’s Treasury Section.The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered because this Resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT The compensation of the Controller/Finance Director/(ex-officio)Treasurer and the additional Finance Officers to be appointed by this Resolution,has been established by the City’s Position Authorization Resolution and Budget for Fiscal Year 2014-2015.Section IV.D.(4)of the By-Laws provides for charges to be made against the JPFA,for the services of the Treasurer and Controller,as determined by the City.Since the amount of service to be provided to the JPFA is currently unknown,there is no way to determine the fiscal impact on the JPFA.However,there will be no cost to the General Fund or any other City fund associated with the recommended action,due to the fact that the cost of any service provided to the JPFA will be offset by charges to the JPFA.Further,there is no financial impact on any particular Council District as a result of the recommended action.There have been no City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-503 Agenda Date:12/4/2014 Agenda #:"B" material JPFA transactions in the last year that would require reimbursement to the City. Attachment:JPFA Resolution City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-505 Agenda Date:12/4/2014 Agenda #:"C" REPORT TO THE JOINT POWERS FINANCING AUTHORITY November 20, 2014 FROM:MICHAEL A. LIMA, Controller/Finance Director/(ex-officio)Treasurer Finance Department BY:KAREN M. BRADLEY, Assistant Controller Finance Department GREGORY S. WILES, Treasury Officer Finance Department SUBJECT Approve a Demand Promissory Note to the City of Fresno (the “City”) for up to fifty million dollars ($50,000,000) in advances from the City, and authorize and direct the Treasurer and Controller of the Joint Powers Financing Authority (the “JPFA” or the “Authority”) to invest the advances in the Local Agency Investment Fund (“LAIF”) (Authority action) 1.RESOLUTION - Approving a Demand Promissory Note to the City for up to $50,000,000 in advances, and authorizing and directing the Treasurer and Controller to invest the advances in the Local Agency Investment Fund (Authority action) RECOMMENDATION Adopt the attached Resolution authorizing advances of up to $50,000,000 to the JPFA from the City, approving a Demand Promissory Note to the City for up to $50,000,000,and authorizing and directing the Treasurer and Controller to invest all advances in the LAIF. EXECUTIVE SUMMARY The City can effectively double the amount of money it can invest in LAIF,from $50,000,000 to one- hundred million dollars ($100,000,000).LAIF is currently the City’s best investment alternative for safe and liquid funds.The City can accomplish this by lending $50,000,000 to the JPFA on the condition that the funds must be invested in LAIF and the interest earned on the investment be paid to the City as interest on the loan.This transaction is commonly done throughout California between other cities and their Joint Powers Financing Authorities. BACKGROUND The Treasurer’s Office of the State of California operates LAIF for the benefit of local agencies. Essentially a short-term money market fund,LAIF is similar to funds run by other States.These City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-505 Agenda Date:12/4/2014 Agenda #:"C" Essentially a short-term money market fund,LAIF is similar to funds run by other States.These funds are intended to provide a safe and liquid investment alternative for local agencies.LAIF offers each local agency within California a single account with a maximum deposit of $50,000,000.Local agencies benefit by obtaining a reasonable rate of return with a high degree of safety.Additionally,the funds are available for use daily,if requested before 10:00 a.m.The City utilizes LAIF as one of its investment alternatives,and has the maximum amount allowed, $50,000,000, invested in its LAIF account. Since the JPFA has no funds of its own,its account may be utilized by the City to effectively double the amount of funds that may be invested with the LAIF.This is accomplished by loaning the funds to the JPFA,with the requirement that the JPFA must deposit the funds into LAIF and pay interest on the City’s loan in the exact amount that the investment earns with LAIF. The Promissory Note to be used for this transaction is a Demand Promissory Note.This type of note evidences a perpetual loan with no fixed term or set duration of repayment.It is an open- ended loan that can be recalled upon the lender’s demand.The funds are lent to the JPFA with very specific terms as to the disposition of the money.It is to be invested in the JPFA’s account with the LAIF.However,should the City ever wish to do so,it can demand repayment from the JPFA at any time.Accepting this Promissory Note from the JPFA will effectively allow the City to double the amount of funds that can be invested with LAIF, while allowing for on-demand liquidity. This transaction is commonly done throughout California by other cities and their JPFAs.The State Treasurer’s Office is aware that cities engage in this type of transaction and has no objections to it. The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered because this Resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT Approving the receipt of funds from the City,and signing a Demand Promissory Note to the City,will allow the investment of surplus funds in a pool managed by the California State Treasurer’s Office, thereby securing a reasonable rate of return with little risk and a high degree of liquidity.There is no cost to the JPFA or the City associated with the recommended action,and there is no financial impact on any particular Council District as a result of the recommended action. Attachment:JPFA Resolution City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™