MEETINGAGENDA
rhe city councl, t'i;:i:iijiZTil1rr^e city of Firebaugh LOCATION OFMEETING: Andrew Firebaugh Community Center
1655 13th Sheet,
Firebaugh, CA93622
DATE / TIME: December l, 20251 5:30 pm
CALLTO ORDER
ROLLCALL Mayor Freddy Yaldez
Mayor Pro-Tem Silvia Renteria
Council Member Brady Jenkins
Council Member Felipe Perez
Council Member Elsa Lopez
In compliance with the Americans with Disabilities Act, if you need special assistance to access the Andrew Firebaugh Community Center to participate in this meeting, please contact the Deputy City Clerk at (559) 659-2043. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to the Andrew Firebaugh Community Center.
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall, in the Deputy City Clerk's office, during normal business hours.
PLEDGE OFALLEGIANCE
APPROVAL OFTHE AGENDA
PRESENTATION
PUBLIC COMMENT
Any person or persons tlishing to address the City Council on any nalter that is not on the agenda tnay do so al this time. Individuals must limit their comnenls to three minules. Issues raised during Public Contmenls are idornrcttional only, and the Council cannot take aclion at this time. All comments should be directed at lhe Mayor and nol at individual Councilmembers or stoff ntembers.
CONSENT CALENDAR
Items listed on the calendar are considered routine and are acted upon by one motion unless any Council member requests separate action. Typical items include minutes, claims, adoption of ordinances previously introduced and discussed, execution of agreements, and other similar items. l. APPROVAL OF MINUTES - Meetins Minutes from November 17.2025.
PUBLIC HEARING
2. ORDINANCE NO. 25.03 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH.
CALIFORNIA" AMENDING CHAPTER 2-3.7 OF THE FIREBAUGH MUNICIPAL CODE REGARDING
APPOINTMENT OF THE CHIEF OF POLICE-FIRST READING,
Recommended Action: Council receives public comment & waives the first reading.
3. RESOLUTION NO. 25-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH
ESTABLISHING A POLICYAND PROCEDURE FOR THE SELECTION OF THE CHIEF OF POLICE BY CITY COUNCIL.
Recommended Action: Council receives public comment & approved Res. No. 25-36.
NEW BUSINESS
4. RESOLUTION NO.2S4O - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH ACCEPTING A CORRECTION GRANT DEED FOR STREET RIGHT OF WAYS. A CORRECTION
GRANT OF EASEMENT FOR PUBLIC UTILITY EASEMENTS AND A CORRECTION GRANT OF
EASEMENT FOR PEDESTRIAN EASEMENTS DEDICATED BY THE FRESNO HOUSING AUTHORITY AND THE FIREBAUGH LA JOYA COMMONS. LP. FOR APN OO7-140-2OST" APN OO7-T4O21ST AND APN OO7-I4O-22S GORMERLY OO7-140-O4ST AND OO7-140-O7SN AND AUTHORIZE THE
CITY MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE FOR THE RECORDING OF SAID DOCUMENTS.
Recommended Action: Council receives public comment & approved Res. No. 25-40
5. THE CITY COUNCIL OF THE CITY OF FIREBAUGH TO ORDINANCE NO. 25-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH. CALIFORNIA. AMENDING CHAPTER 16.5 OF THE FIREBAUGH MUNICIPAL CODE REGARDING PUBLIC NUISANCE ABATEMENT.
Recommended Action: Council receives public comment & gives direction.
STAFF REPORTS - Enclosed.
COUNCIL MEMBERS AGENDA ITEMS
PUBLIC COMMENT ON CLOSED SESSION ITEMS ONLY
CLOSED SESSION
6. Government Code Section 54957
PUBLIC EMPLOYEE EVALUATION: City Manager,
ANNOUNCEMENT AFTER CLOSED SESSION
ADJOURNMENT
Certification of oostine the asenda:
I declare under penalty ofperjury thqt I am employed by the City of Firebaugh and that I posted this agenda on the bulletin at City Hall on November 28, 2025, al 5:00 prn., by Rita Lozano, Deputt City Clerk,
MEETING MINUTES
The City Council/Successor Agency of the City of Firebaugh Vol. No.25-ll-17
Mayor Freddy Yaldez
Mayor Pro Temp Silvia Renteria
Council Member Brady Jenkins
Council Member Felipe Perez
Council Member Elsa Lopez
OTHERS:
ABSENT
City Attomey Christina Smith; City Manager, Ben Gallegos; Finance Director, Pio Martin; Interim Police Chief, Magda Martinez; Public Works Director, Micheal Molina; Battalion Chief, Hector Marin; City Engineer, Mario Gouveia; Stephanie Gonzales, Steve Gonzalez, John Patlan, Claudia Guttierrez, Guillermo Guttierrez, Karina Chileno, Oscar Nevarez, Sahar Espinoz4 Bill Davis & others.
PLEDGE OF ALLEGIANCE Council Member Valdez led the Pledge of Allegiance.
APPROVAL OF THE AGENDA
Molion to appruve the agenda by Council Member Jenkins, seconded by Council Member Perez, motion psssed by a 5-0 vote.
PRESENTATION None
PUBLIC COMMENT None
CONSENT CALENDAR
1. APPROVAL OF MINUTES - Meetins Minutes from November 3. 2025.
2. WARRANT REGISTER - Period Startins October 01. endinq October 31. 2025.
Location of Meeting:
Date/Time:
CALL TO ORDER
ROLL CALL
October 2025 General Warrants
Payroll Warrants
Andrew Firebaugh Community Center
1655 l3th Street, Firebaugh,CA 93622
Novem ber 17, 202515:30 p.m.
Meeting was called to order by Mayor Yaldezat 5:30 p.m. #48369 - #48527
#72663 - #72686
Total Warrants
$2,159,157.22 $ 183.151.62
$ 2,342,308.84
Motion to approve the minutes by Coancil Member Jenkins, seconded by Council Member Perez, the motion passed by a 5-0 vote.
PUBLIC HEARING
3. ORDINANCE NO. 25-03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH.
CALIFORNIA. AMENDING CHAPTER 2-3.7 OF THE FIREBAUGH MUNICIPAL CODE REGARDING APPOINTMENT OF THE CHIEF OF POLICE.FIRST READING.
The public hearing opened at 5:33 pm - No public comments given - The hearing closed at 5:34 pm.
Motion to waive the Jirst reading of Ord. No. 25-03 by Council Member Jenkins, seconded by Council Member Perez, the motion passed by a 5-0 vote.
4. RESOLUTION NO. 25-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH
ESTABLISHING A POLICY AND PROCEDURE FOR THE SELECTION OF THE CHIEF OF POLICE BY CITY COUNCIL.
Agenda item was tabled.
Return to agenda
City Council Minutes
November 17,2025
NEW BUSINESS
5. THE CITY COUNCIL OF THE CITY OF FIREBAUGH TO CONSIDER THE REOUEST FROM THE
FIREBAUGH BAND BOOSTERS OF A WAIVER OF RENTAL FEES FOR THE COMMUNITY CENTER FOR A BINGO FUNDRAISER ON DECEMBER TO. 2025.
Motion to approve waiver of fees, with rentet required to ps! cleaning fee deposit and provided insurance by Council Member Jenkins, seconded by Council Member Lopez, the motion passed by a 4-1 vote. Council Membet Renteria - no.
6. THE CITY COUNCIL OF THE CITY OF FIREBAUGH TO CONSIDER THE REOUEST FROM JANET YERGAT TO DISCUSS THE FIREBAUGH ANIMAL SHELTER MATTERS.
Janet Yergat provided a presentation regarding the current, previous, and proposed donations for a new animal shelter.
She expressed her disappointment and embarrassment with the process of this project and the lack of communication she felt she received from the City Manager and staff, which she believes led to the donor withdrawing his $300,000 donation. Janet requested that the City Manager call the donor to apologize, attempt to persuade him to reconsider proceeding with the project, or use the funds the City allocated for the project to purchase a smaller structure from Horizon Structure. Karina expressed the need for an animal shelter and stated she has not seen much change in the City, other than improvements to the roads and a coffee shop, finally. Other members of the public also expressed support for the project and agreed there is a community need for a new facility.
The City Manager explained the challenges of the project, including the differences between a city-led project and a privately led project; an additional challenge was obtaining the organization's plot/site plan for the purpose of the inspector's review and approval, as well as installing required utilities and determine their appropriate locations caused delay of the project from moving forward; and finally, the increasing cost of the project for additional items, which had not been originally budgeted for. The City Manager also stated that he and the Mayor had participated in meetings and calls with the organization to move the project forward.
Council suggested that the City Manager contuct both the manufacturer and the donor, and work with the Cily Attorney to establish a contract between the City and the Friends of Firebaagh Animal Sheller, should the proiect continue, The Cily Manager requested assistance from the Mayor to participate with this proiect process.
7. THE CITY COUNCIL OF THE CITY OF FIREBAUGH TO ORDINANCE NO.25-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH. CALIFORNIA. AMENDING CHAPTER 16.5 OF TH4 FIREBAUGH MUNICIPAL CODE REGARDING PUBLIC NUISANCE ABATEMENT.
Informational ltem only, Council directed slaff to bring back the ordinance with ond without redline amendments.
8. THE CITY COUNCIL OF THE CITY OF FIREBAUGH TO CONSIDER FORMING A NON-PROFIT ORGANIZATION.
Info rmation a I lte m o n ly.
9. RESOLUTION NO.25-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH
ESTABLISHING A POLICY AND PROCEDURE FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEMPORE BY CITY COUNCIL.
Motion to approve Resolution No, 25-37, with additional language of a 2-year term limit by Council Member Perez, seconded by Council Member Valdez, the molion possed by a 4-1 vote. Renteria - No.
10. RESOLUTION NO.25-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH.
CALIFORNIA. ELECTING TO PARTICIPATE IN THE STATE DISABILITY INSURANCE (SDI) PROGRAM.
Motion to approve Resolution No. 25-38 hy Council Member Jenkins, seconded by Council Member PereL the motion passed by a 5-0 vote.
City Council Minutes
November 17,2025
11. RESOLUTION NO. 25-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBUGH
AWARDING A BID FOR ROOF'REPLACEMENT AND REPAIR WORK AT THE SENIOR CENTER TO
ECI MARANATHA ENTERPRISES COMPANY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT.
Motion to approve Resolution No. 25-39 by Council Member Lopez, seconded by Council Member Jenkins, the motion passed by a 5-0 vote.
STAFF REPORTS
government shut down, waiting to do the remainder of Q St., and will most likely do both side of the sidewalks. tracking the water and reported an issue with PG&E.
the Senior Center.
working out in the rain. Thanked, Hector for the training of the cadets, and stated, "I didn't know how much went into it, until my kid started doing." Thanked Rita for the summary of the new SB Laws in her staff report. Things got intense earlier, but I want to report that the city is working diligently to address the pet population problem. optimistic, the city is trying to put thing in place to place us in the driver's seat and get thing back on track, but I hope everyone understands, it just takes time. We don't want to upset any of our donors, that's not our intent, we will do are best to re-connect and hopefully we can go from there.
COUNCIL MEMBERS AGENDA ITEMS
PUBLIC COMMENT ON CLOSED SESSION ITEMS ONLY
CLOSED SESSION
ANNOUNCEMENT AFTER CLOSED SESSION
ADJOURNMENT
* Motion to adjourn at 8:28 pm by Council Member Jenkins snd seconded by Council Member Perez Motion passed by a 5-0 vote,
ORDINANCE NO.25-03
AN ORDINAIICE OF THE CITY COUNCIL OF THE CITY OF F'IREBAUGH, CALIFORIIIA, AMENDING CHAPTER2-3.j OF THE F'IREBAUGH MUNICIPAL CODE REGARDING
APPOINTMENT OF TIIE CHIEF' OF POLICE
WHEREAS, the City of Firebaugh ("City") is a general law ciry incorporated under the State of California, with the power to make and enforce within its jurisdictional limits all local, police, sanitary land use, and other ordinances and regulations not in conflict with general laws of the state; and WHEREAS, the City Council adopted Resolution No. ZS-iO amending Chapter 2-3.7 of the Firebaugh Municipal Code ("FMC") to change the policy for selection of the Chief of Police; and WHEREAS, the City Council desires to amend Chapter 2-3.7 of the FMC to provide the policy and procedure for selection of the Chief of Police; and WHEREAS, the City Council desires to adopt the amendment to the FMC pursuant to the Ordinance to address the policy for selection of the Chief of Police by City Council instead of the City Manager; and
NOW THEREFORE, THE CrTy COUNCIL OF THE CITY OF FTREBAUGH HEREBY ORDAINS AS X'OLLOWS:
SECTION 1. RECITALS. The above recitals are true and conect and are hereby incorporated into this Ordinance.
SECTION 2. AMENDMENT. Chapter 2-3.7 of the Firebaugh Municipal Code is hereby amended to read as follows (deletions in strikethrough and additions in red):
S 2-3.7. Powers and Duties. I Ord. #312,57 and New; Ord. #02-05' 53] The City Manager shall be the administrative head ofthe government of the City under the direction and control of the City Council except as otherwise provided in this section. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in the following subsections.
a. Law Enforcement. It shall be the duty of the City Manager to enforce all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed.
b. Authority over Employees. It shall be the duty of the City Manager, and he shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department heads, unless a department head is specifically stated to be under the control and direction of City Council under (c) of this section.
c. Power of Appointment and Removal. It shall be the duty of the City Manager to appoint, remove, suspend, promote and demote any and all officers and employees of the City, subject to all applicable personnel ordinances, rules and regulations. The finance director, City attorney, City auditor, City engineer, Chief of Police and all elected officers shall be appointed, removed, suspended, promoted and demoted strictly by the City Council. They shall not be subject to the power of the City Manager Return to agenda
under this subsection. The City Council or voters of the City in the case of elected officials shall appoint, remove, promote and demote all such offtcers.
d. Administrative Reorganization of Offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business.
e. Ordinances. It shall be the duty of the City Manager, and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary. f. Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless at his request he is excused therefrom by the Mayor individually or the City Council, except when his removal is under consideration. g. Financial Reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City. h. Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval. i. Expenditure Control and Purchasing. It shalJ be the duty of the City Manager to see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or his authorized representative. The City Manager, or his authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City. j. Investigation and Complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof, and any contract or the proper performance of any obligations of the City. Further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City. k. Public Buildings. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the City Council to exercise general supervision over all public buildings, parks and other public properly under the control and jurisdiction of the Council.
The foregoing ordinance was introduced by the City Council of the City of Firebaugh, California, at a regular meeting held on this lTth day of November, 2025, and was passed and adopted by the City Council on this l't day of December,2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
Freddy Yaldez, Mayor Rita Lozano, Deputy City Clerk
RESOLUTION NO. 25-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH ESTABLISHING A POLICYAI\D PROCEDURE F'OR THE SELECTION OF THE CHIEF OF'POLICE BY CITY COT]NCIL
WHEREAS, the City Council desires to establish a policy and procedure for the selection of the Chief of Police by City Council;
WHEREAS, the formerly adopted policy for selection of the Police Chief is laid out in the City of Firebaugh Municipal Code Chapter 2-3.7(c) entitled "Powers and Duties"; WHEREAS, City Council wishes to select and oversee the position of Chief of Police, rather than leaving such power to the City Manager;
WHEREAS, In order for the City Council to select and oversee the position of the Chief of Police, the City Firebaugh Municipal Code must be amended by Ordinance to reflect such; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Firebaugh as follows:
l. This policy and procedure will become effective as of 30 days following passage of Ordinance25-03
2. At the first regularly scheduled meeting following the necessity or desire for replacement of the Chief of Police of the City of Firebaugh, the City Council shall appoint the next Chief of Police.
3. The selection process is conducted pursuant to a majority vote by City Council members.
4. City of Firebaugh Municipal Code Chapter 2-3.7 shall be amended to include the additions in red:
b. "Authority over Employees. It shall be the duty of the City Manager, and he shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department heads, unless a department head is specifically stated to be under the control and direction of City Council under (c) of this section.
c. Power ofAppointment and Removal. It shall be the duty of the City Managerto appoint, remove, suspend, promote and demote any and all officers and employees of the City, subject to all applicable personnel ordinances, rules and regulations. The finance director, City attorney, CiW auditor, City engineer, Chief of Police and all elected officers shall be appointed, removed, suspended, promoted and demoted strictly by the City Council. They shall not be subject to the power of the City Manager under this subsection. The City Council or voters of the City in the case of elected officials shall appoint, remove, promote and demote all such officers." Return to agenda
5. Be it further resolved and ordered,that any and all actions, whether previously or subsequently taken by the City Council of the City of Firebaugh which are consistent with the intent and purposes of the foregoing resolutiono shall be, and hereby are, in all respects, ratified, approved and confirmed.
The foregoing resolution was introduced, approved and adopted at a regular meeting ofthe City Council of the City of Firebaugh held on the l't day of December 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED ATTEST:
Freddy Yaldez, Mayor Rita Lozano, Deputy City Clerk
RESOLUTION NO.2A4O
A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF FIREBAUGH
ACCEPTING A CORRECTION GRANT DEED FOR STREET RIGHT OF WAYS, A
CORRECTION GRANT OF EASEMENT FOR PUBLIC UTILITY EASEMENTS AND A
CORRECTION GRANT OF'EASEMENT FOR PEDESTRIAN EASEMENTS DEDICATED BY
THE FRESNO HOUSING AUTIIORITY AND THE FIREBAUGH LA JOYA COMMONS, LP, FOR ApN 007-140-20STo ApN 007-140-2tSTAND APN 007-140-225 (FORMERLY 007-140-045T AND 007-140-075T) AND AUTHORIZE THE CrTY MANAGER TO EXECUTE A
CERTIFICATE OF'ACCEPTANCE F'OR THE RECORDING OF SAID DOCUMENTS WHEREAS, the Planning Commission of the City of Firebaugh approved the Site Plan Review 2020-02onJuly 13,2020,fortheredevelopmentofamultifamilyhousingcomplexbytheFresnoHousing Authority; and
WHEREAS, the subject property is located at the intersection of Clyde Fannon and P Street designated with APN 007-1.40-225 (formerly portions of 007-140-04ST and 007-140-07ST); and WHEREAS, the Housing Authority has completed the redevelopment project and has caused the dedication of the following right of ways and easements; and WHEREAS, the full width of the right of way for P Street extending the length of the propefty frontages for APN 007-140-20ST, APN 007-140-2lST, and APN 007-140-225 (formerly portions of 007- 140-04ST and 007-140-07ST) has been dedicated; and
WHEREAS,apartialwidth of the right of way forthe south half of Clyde Fannon Drive extending the length of the project frontage and the north property line for APN 007-140-2lST (formerly portions of 007-140-04ST and 007-140-07ST) east ofP Street has been dedicated; and WHEREAS, a l0' Public Utility Easement (PUE) along the Clyde Fannon Drive and P Street frontages for APN 007-140-225 and the P Street frontage for APN 007-140-205T (formerly portions of 007-140-04ST and 007-140-07ST) has been dedicated; and
WHEREAS, a pedestrian easement at the project entrances on Clyde Fannon Drive and P Street on APN 007-140-225 (formerly portions of 007-140-04ST and 007-140-07ST) has been dedicated; and WHEREAS, the City Council of the City of Firebaugh approved a Certificate of Acceptance for these dedications on August 7,2023; and
WHEREAS, the right of way and easement dedications were subsequently recorded but the Housing Authority has requested a correction to the recorded grant deeds for financing purposes for said project; and
WHEREAS, the corection deeds are needed to perfect the ownership and signature lines caused by a property ownership transfer between the Housing Authority and Firebaugh La Joya Commons, LP; and
WHEREAS, the City has obtained the executed correction grant deed and correction grant of easements for the street right of ways, PUEs, and pedestrian easements from the Housing Authority; and Return to agenda
WHEREAS, the City desires to accept the dedications for street right of ways, PUEs, and pedestrian easements from the subject property owner and record the correction grant deed and the correction grant of easements as requested by the Housing Authority; and WHEREAS, the City Council delegates authority to the City Manager to execute a Certificate of Acceptance for the recording of said correction grant deed and correction grant of easements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Firebaugh hereby:
1. The above recitals are true and correct findings of the Firebaugh City Council.
2. The Correction Grant Deed dated November 10, 2025, for public street purposes, the Correction Grant of Easement dated November 10, 2025, for public utility purposes, and the Correction Grant of Easement dated November 10, 2025, for public pedestrian purposes, from the Fresno Housing Authority and the Firebaugh La Joya Commons, LP, are hereby accepted.
3. The City Manager is hereby directed and authorized to execute the Certificate of Acceptance The foregoing resolution was duly adopted by the Firebaugh City Council at a regular meeting of the City Council of the City held on December 1,2025.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED ATTEST
Freddy Yaldez
Mayor
Rita Lozano
Deputy City Clerk
Recording Requested BY:
Public Works DePartment
City of Firebaugh
No Fee-Gov't. Code Sections
6103 and 27383
When Recorded, Mail To
Public Works DePartment
City of Firebaugh
1133 P St.
Firebaugh, CA.93622
SPACE ABOVE THIS LINE FOR REGORDER'S USE
APN 007-1 A}-Z2sformerly 007-140- 04st & 07st (portions)
CORRECTION GRANT OF EASEMENT
Firebaugh La Joya Commons, LP, a California limited partnership, GRANTOR, hereby GMNTS to the City of Firebaugh, a municipal corporation, GRANTEE, an easement for publiC pedestrian purposes over, under, through and across that Real property situateo in the Ciiy of Firebaugh, County of Fresno, State of California, mord particularly described and shown as follows:
See Exhibits "A" and "B" which are attached and incorporated herein' This Correction Grant of Easement is being recorded to correct the Grantor and Signature Line on Grant of Easement recorded nuguit 18,2023 as Document No. 2023'00767a6.
Firebaugh La Joya Commons, LP,
a California limited PartnershiP
By Silvercrest, lnc.,
a California non-profit public benefit corporation,
its Managing General Partner
By
lliams, irector
By: Firebaugh La Joya Commons AGP, LLC,
a California limited liability company
its Administrative General Partner
By: Housing Authority of the County of Fresno' '
California, a public body corporate and politic,
its sole Member and Manager
T
By:
Wlliams, CEO
crvlL coDE s 1189
CALIFORNIA ACKNOWLEDGMENT
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CALIFORNIA ACKNOWLEDGMENT clvrl coDE 51189
A notary public or other officer completing this certificate verilies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
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WITNESS my hand and official seal
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EXIIIB[T "A'
Legal bescriPtion of Easement
PubUc Pedestrirn Eesenpul I
That portion of Section 20, Township f Z -S9u6.'Rangc f 4 East'.Mount Diablo Base aud MeridiaA in the City of Firebaugh, County of n*roo, Stur" of Cditotriu, acJording to the OfEcial Plat thereof, more particulerly described as follows:
CoMMENCING at a point of intersection of the Easterly tine of the 30.00 foot wide water, sewer and storm drain easement as shown ;M"p oii*"t No. 3423, titled 'ttuUi Gardeus', recorded on November 2' 1981' in Book 39 of Plats at Pages + ttrolgn 7, Fresno county Records and a lg9^ntott"t with and 3l '00 feet Southeasrerly of t5e centeriin" oitfva. Fsnnon Drive; thence North 53"0l'00" East, parallel wilh and 3l'00 i;;;t#terlyofsaidcenterline,adistanceof lg.8gfeettothebeginningofacurve'conc&w..
Nortbwesterly, with a radius of 531 .00 feet; thence Nonheasterly along the arc of said curvc parallel with atrd
31.00 fect Southeasterly o*"ia centerline,ibrougha ceoualangte of Ol"t6'37",an arc distance of30'37 feetto the poINT OF BEGINNII\'G; thence continuing along the atc ortgtt said_curve, through a central angle of 0727,21. ,an arc distanc. of Og. f O feet; tbence lJavinglaid curve, South 0.2"12'OT' West, a distance of 13'92 feet; theucc South 40"47'44; W"tf u di"tuo., of 3 8. tifeet; thence South 44"44'16'Wcst' a distance of 10'09 lo"ii Ornr. North E3o18'24- West, a distance of 17,23 feet to the POINT OF BEGINNING' Qoalsining 635 square feet, more or less.
DOC *2023-0076706 Page 4 of 8
7. ta'? t
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Dixon & Associrr$ lnc. - WO|20.024
Prgc I of2
P.LS. S184
0. Doc #2023-0076706 Page 5 ot6
EXHIBIT ..A''
Legrl Description of Easement
Public Pedestrian Easemeut 2
Those portions of Sections 20 and 29, lbwnship 12 South, Range 14 Eas! Mount Djablo Base and Meridian, in the City of Firebaugb, County of Fresno, State of Califomia" according to the Offcial Plat thereof, more particularly described as follows:
COMMENCING at a point of intersection of the Easterly line of the 30.00 foot u'ide water, sewer and storm drain eascment as show:r on Map of Tract No. 3423, titled 'Rubi Gardens', recorded on Novcmber 2, 1981, itr Book 39 of Plats at Psges 4 tbrough 7, Fresno County Records and a linc parallel with and 31.00 feet Soutbcrly of the centerline of Clyde Fannon Drive; thence North 53'01'00" East, puallel with and 31.00 feet Southeasterly of said centerlhe, a distance of 19.89 feet to the beginning of a curve, concave Northwesterly, with a radius of 53 l.00 fet; thence Northeesterly along the arc of said curve parallel with and 3 L00 fect Southeasterly ofsaid centerline, through a cental angle of20o38'35", a! arc distance of l9l.3lfeet; thsrce North 77o46'15" East, a distaace of 33.21 feet to a point on the Southwesterly right of way of P Street; thence South 53o20'00" East along said Southwesterly right of way, a distatrce of 352.19 fcct to the POINT OF BEGIIYIIING; tbeuce coutinuing along last said line, South 63020'00" Easq a distance of 81.35 feet; thence Sourh 84o16'01' Wcst, a distancc of 16.42 feet; thence North 63o59'02" Wesg a distance of 55.12 fect; thence Nortl26"02'01" West, a distance of 15.55 feet to tbe POINT OF BEGIINING.
Containing 621 sqrrare feeq more or less.
2'to' 27
Dixon & Associacr, Inc. - *'Ot20024
Preo 2 of2
D.
9,f84
DOC #2023-0076706 Page 6 ofo
oAlEr UY r0. lolD
SC^IE l'o ll0'
DIVN tt:18 tf0: l0-Q4
RM90!t5:
P^OE irc.
1 cF l ProES
DIXON & ASSO$IIiIES. INC;
IIIND SIIRVEiYING
620 DEWTTT, #101
cLoMs, CALIFoRNA, 9361 2
PH: (559)297-a200 FAxt (559)297-4272
UNE , BSIRINC
P.LS. 946{
D.
cuRVE , DELTA RADIUS Aic LEI'l6n{
E)GIItsIT ,'8,'
u}{E
CI'RYE
{b
L5
OF
E^SETIE{T ANE^ Z:
INOCAIES AREA TO BE
AS AliI EISEIIEM FOR
OEEDED TO lH€ CIIY OF FIREBAIJCH
Pa)ESIRIAN PUNPOSES.
ARIJI 621 SQUARE FEEr, +/-
OWNER: FRESNO @UNTY HOUSING AIJI}IORIIY
APN(S): 0C7-1'tCF0aSf & 007-1{O-O7SI
INOCATE$ LOT NUMEEH P€i
'tAP
OF IRAIT NO' J/tzJ'
IIILED'RUB| GAnoENS" RECORDEo 0N NovatBS z' 1961,
II{ EOOX 3O OF P!ATs AT PA€€S
'
THROUCH 7. F.C.R'
FRISIIO COUI{Y RECORDS
Lr5
0F sEqnoil 20,
14 EA T. MOUNI
8EG{NNINC
2 L:I
rHE WESIBTY UNE OF lHE TO'OO FOOT WIDE WATER, SEIY,A .
riib hiini'onrlii-e,rsolsrn rs sHs$tN oN M P cF IRAcT rio' s+ic, rmrD 'Rual crioENs', RECoRDEo 0N NovE B-8 2J
-
i66ii r'r,i'-eooi'Js or Fun'rr PAoEs 4 lllRoucH 7' FcR' I.H9EI{D
r<l ffi,gg ffff i6 .t oEDs) To lHE cnv oF RREBA..H L-l As lN eAsryor FoR pEDEsIrBx PURPosEs. ,lRtA 6J5 SOUARE FEEr. +,/-
a
F,C.R,
SOI'RCE OF DATA
ou[cLArM oEfD RECoRDID Oil lllY 22, 1957, lN 800K
J9'], PAGE 580, OFFICIAL RECORO9 F,IISNO COUNTY
0' 120' 240', 380',
tv 2c,-l')
9 CERTIFICATE OF ACCEPTANCE
(Government Code S 27281)
This is to certifr that the interest in real property, as shown on Exhibit "A" attached hereto, conveyed by the Correction Grant Deed dated November I0,2025, for public street purposes, the Correction Grant of Easement dated November 10, 2025, for public utility pulposes, and the Correction Grant of Easement dated November I0,2025, for public pedestrian purposes, from the HOUSING AUTHORITY OF FRESNO COLINTY and the FIREBAUGH LA JOYA COMMONS, LP, to the CITY OF FIREBAUGH, are hereby accepted by order ofthe Firebaugh City Council, by adoption of Resolution No. 25-40, on Decemb er 1,2025. The City of Firebaugh hereby consents to recordation thereof by its duly authorized officer.
Dated: 2025 By:
Ben Gallegos, City Manager
Rccordlng Requeated By:
Public Wotks Departmeni
Gity of Firebaugh
No Fec-Gov't. Code Sections
6103 and 27383
Whrn Recorded, trilTo:
Public Works Departrnent
Cig of Firebaugh
1133 P Sr.
Firebaugh, CA.93tt22
SPACE ABOVE THIS LINE FOR RECORDER'S USE
/&007-140-20sr
APN 007-140-22siormerly 007-140- O4st & 07st (portions)
CORRECTION GRANT OF EASEMENT
Firebaugh La Joya Commons, LP, a California limited partnership, GRANTOR, hereby GRANTS to the City of Firebaugh, a rnunicipal corporation, GRANTEE, an easement for public utility purposes over, under, through and across that Real Property situated in the City of Firebaugh, County of Fresno, State of Califomia, more particularly described and shown as follows:
See Exhibits "A'and "B" which are attached and incorporated herein.
This Correction Grant of Easement is being recorded to conect the Grantor and Signature Line on Grant of Easement recorded August 18,2023 as Document No. 2023-0076705.
Firebaugh La Joya Commons, LP,
a California limited partnership
By: Silvercrest, lnc,,
a Calibrnia non-profit public benefrt mrporation,
its Managing General Partner
By
Williarns, Secretary/Director
By: Firebaugh La Joya Commons AGP, LLC,
a California limited liability company
its Administrative General Partner
By: Housing Authority of the County of Fresno,
Califomia, a public body corporate and politic,
its sole Member and Manager
By:
rick Wlliams cEo
CALIFORNIA ACKNOWLEDGMENT ctvtL coDE g 1189
A notary public or other officer completing this certificateverifies onlythe identityof the individualwho signed the document to which this certificate is attached, and not the truthfulness, accurdcy, or validity of that document.
State of California
County of l-(fsnD
On tr\ouornnr( t n, -}SK before me, Lrrririt{an z, f\d{a{u Pr,btic Date Here lnsert Nii,iina ritd ottne officer
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 hls/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. )
LUCUYAIIIz
Nobry Publk - C.lito.nil
Freino County
Commigbn I21920at WITNESS my hand and seal.
Comn, Erdrer Jun ?, 1023
Place Notory Seol and/or Stomp Above
OPTI
Completing this informotion con deter olterotion of the document or fraudulent reottochment of this form to an unintended document.
Descrlptlon of Attaehed Document
Title or Type of Document:
DocumentDate: Numberof Pages:-
Slgne(s) Other Than Named Above:
Capacity(iesf Claimed by Signer(sl
Signer's Name: Signer's Name:
tr corporate officer - Title(s): o Corporate Officer - Title(s):
@"
I certify under PENALW OF PERJURY under the
laws of the State of Colifornia that the foregoing
paragraph is true and correct.
Si
tr Partner- o Limited tr General
tr lndividual tr Attorney in Fact
tr Trustee o Guardian or Conseruator
tr Other:
Signer is Representing
tr Partner- tr Limited tr General
tr lndividual tr Attorney in Fact
E Trustee n Guardian or Conservator
o Other:
@2019 National Notary Association
Signer is Representing:
CAII FORIIIA ACKNOWLEDGM EI'IT ctvrl coDE g 1189
A nolary public or olher officer completing this certificate verifies only the identity ol the individual who signed the document to which this certificate is attached, and not the truthfulness, accurdcy, or validity of that document.
State of California
County of Frnnrt
On NOUarvryu/ [t\, ]0].f before r", Lfiar,t\nntt , Ndlavr4 ftpirr.
Dote Here lnsert Nome ond Titb of the Offlcer
personally appeared
Nome(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 helshe/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(sl on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ffi"
tuoAv ila
t{ot ry Pl..lk. C.1t6.il.
Fresm Counrv
Comlhtsrbn ,21i20ti
Conm, Erpirer Jun 7, 202t
I certiff under PENALW OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and officialseal.
Ploce Notary Seal ond/or Stomp Above
Completing this informotion con deter olterotion of the or froudulent reoftqchment of this form to on unintended document.
Descdptlon of Attached Document
Title or Type of Document:
DocumentDate: Numberof Pages:-
Signe(s) Other Than Named Above:
Capaclty(lesl Claimed by Signer(sl
Signer's Name: Slgner's Name:
tr Corporate Officer - Title(s):
tr Partner- tr Limited n General
tr lndividual tr Attorney in Fact
tr Trustee o Guardian or Conservator
tr Corporate Officer - Title(s):
tr Other: tr Other:
Signer is Representing:
tr Partner- E Limlted tr General
tr lndividual tr Attorney in Facl
tr Trustee g Guardian or Conservator
A2O19 National Notary Association
Slgner is Representing:
Doc #2023-0070705 Page 4 of7
EXilBIT $A"
Legal Description of Easement
Publlc Utilitv Easement
Those portions of Sections 20 and 29, Township 12 South, Raage 14 East, Mount Diablo Base and Meridian, in the City of Firebaugb, Couuty of Fresno, State of Califomia, according to the Official Plat thereof, more particularly described as follows :
BEGINI\mVG at a poitrt of intersection of the Easterly iine of the 30.00 foot wide water, sewer and storrr drain easement as shown on Map of Tract No. 3423, titled 'Rubi Gardens', recorded on November 8, 1981, in Book 39 of Plats at Pa€es 4 througjr 7, Fresno County Records and a line parallel with and 31 .00 feet Southerly of the oenterline of Clyde Fannou brive; thence North 53o01'00" East, parallel with and 31.00 feet SoutheaSerly of said centerline, a distance of 19.89 feet to the beginning of a ctwe, concave Northwesterly, with a radius of 53 I .00 feet; thence Northeasterly along the arc of said curve parallel with and 3 I .00 feet Southwesterly of said centcrlinc, tluough a ccntral angle of 20'3 8'3 5", Bn arc distance of l9l .3 I feet; thence North 77o45' I 5" East, a distance of 33,21 feet; thence South 63%0'00" East, a distance 471.94 feet to the beginning of a curyen concave Southwesterly, with a radius of 478.00 feet; thence Southeasterly aloog the arc of last said curye through a central angle of 22o45'04", an arc distance of I 89.80 feet; thence South 40o34'56" East, a distance of 14.40 fect to the Northerly line of 'P' Street a-s shown on Map of Tract No. 3423, titled'Rubi Gardens', recorded on November 8, 1981, in Book 39 ofPla6 at Pages 4 througb 7, Fresno County Records; thence South 49o25'04" West" a disrance of 10.00 feet; thence North 40o34'56" West, a distance of 14.40 feet to the beginning of a curye, concave Southwesterly, with a radius of 468,00 feet; tbence Nortbwesterly along the arc of last said ourve, through acenlral angle of 22o45'04", an arc distance of 185.83 feet; thence North 63%0'00'o Wesl a distance of 468.41 feet; thence South 77o46'15" West, a distance of 25.52 feet to an arc parallel with and 4l'00 feet Southeasterly of said centerline and the beginning of a non-tangetrt curve, concave Northwesterly, with a radius of 541.00 feet, to which a radial bears South 57o10'54" East; thence Southwesterly along the arc of last said nou-tangent curve and paratlel with and 41.00 feet Southeasterly ofsaid centcrliae, through acental angle of 20ol l'54", an arc distance of 190.72 feet; thence South 53o01'00" West, parallel with ond 41,00 feet Southeasterly of said centerline, a distance of 19,78 feet to a point of intersection of tbe Easterly line of said
30.00 foot wide easement and a liuc parallcl with and 41.00 feet Southeasterly of said centerline; thence North 37035'30" West, along said Easterly line, a distance of 10.00 feet to the POINT OF BEGINNING Containing 9,126 square feet" more or less.
f.7-$'13
Dixon & Associetts, hc. - wO#20&4
Poge t of I
q
P.LS. 9484
D.
DOC #2023-0070705 Page 5 of7
0A1E: luY 2 ?02J
SC.IIE: l' . 120'
DriN BY:PB
llo: 20-02{
RElt90t{s:
pp(oN .& ASSOCIAIS$. INC.
IJIND SUBIryY-ING
620 DEWTTT. #1Or
cLovrs, cALtFoRNlA, 9J612
PH: (559)297-a200 FAx: (559)297-a272
EXHIBIT
,o
,,
B
t,
l\ f
POINT OF BEGINNINC
s
L
sEclloN 20. I.t2S., R,l+E., M.0.8.&M.
sEgIloN 29. T.1ZS., R.l,+E., M.0.8.&M.
POINT OF COMMENCEMEMI:
THE SOUTH OUITEF CORNEF OF SECIION
20, TOWNSHIP t2 SOUIH, RAIGE 14 EASI
MOUNT 0ABL0 BASE At'{D MERDIAN. 4r
TI{E WESTERLY UNE Oi THE JO,OO FOOI WIOE
WAIER, SEYIER AIiO STORM DRAN EASEMENT AS
SHOWN ON IIAP OF TRACI NO. JitzJ' TILTO
,RUBI GARDENs.. RECORDEO ON NOI€VSER 8.
IgEI. iN BOOK ]E OF PUATS AY PAGES 4
IHRoUC|{ 7, F,C,R.
a
t8
TEGEND
INOICATIS AReA TO BE OEIIIED TO IHE CTTY OF FIREBAUGI-I A5 AI r}StrUENT FOR PUBUC UI]UTY PURPOSES.
AREfu 9,128 SQUARE FE:r, +/.
oWNER: FRESNo cQUNfY HOUSING AUTHoRITY
APN(S): 007-t40-045I & 007-l€-07ST
INOC^IES LOT NUMBER PER UAP OF IRACI NO. J42J.
TTTUO 'RUSI C.CROEHS,, RECORDEO OI.i NOVEI.{BER B, I98I.
IN BOOX J9 OF PLATS AT PACES { THROUGH 7, F.C,R.
FRESNO COUNTY RECOROS
SOUBCE OF DATA
OurTcl-{lM 0EE0 REC0R0E0 0N li{AY 22' 1957' lN SOOK
Jg+J. P'GE 580. OFFICIAI. RECORDS FRESNO COUNTY
1?Q' 240', 380'
f.t
%
F.C.R.
0'
P 9484
D. 176
UNE
'
EFnnlNG 0!SIA lcE *rLI
--E- --E- --Ti
J5.86' -50.56-
-m6'- Te.-65'-
1t tt'
I O.[r()
1 +.40' -T{.gr
-Tii-T6-
. LTI NJ/ J3 J9 W I O,OO"
CUnr,E t DELTA flADtuS ARC uNGIlt
cr A-7n':lR'1q' a-r El .3t'
6-22'45'01' -I:toTlSI- R-a78.00' ESTimr-1E9.80' ffr67', PA6E NO,
1 0F t PASES
CERTIFICATE OF' ACCEPTANCE
(Government Code S 27281)
This is to certi$ that the interest in real property, as shown on Exhibit "A" attached hereto, conveyed by the Correction Grant Deed dated November 10,2025, for public street purposes, the Correction Grant of Easement dated November 10, 2025, for public utility purposes, and the Correction Grant of Easement dated November t0,2025, for public pedestrian pu{poses, from the HOUSING AUTHORITY OF FRESNO COLTNTY and the FIREBAUGH LA JOYA COMMONS, LP, to the CITY OF FIREBAUGH, are hereby accepted by order of the Firebaugh City Council, by adoption of Resolution No. 25-40, on Decemb er 1,2025. The City of Firebaugh hereby consents to recordation thereof by its duly authorized officer.
Dated: 2025 By:
Ben Gallegos, City Manager
Recording Requested By:
Public Works Department
City of Firebaugh
No Fee-Gov't. Code Sections
6103 and 27383
When Recorded, MailTo:
Public Works Department
City of Firebaugh
1133 P St.
Firebaugh, CA.93622
SPACE ABOVETHIS LINE FOR RECORDER'S USE
/& 007-140-21ST & 007-140-20sT
APN 007-14}-22s'lormerly 007-140- 04st & 07st (portions)
CORRECTION GMNT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Housing Authority of Fresno County, Califomia, a body corporate and politic, and Firebaugh La Joya Commons, LP, a Califomia limited partnership, GRANTOR, hereby GRANTS to the City of Firebaugh, a municipalcorporation, in fee for public street and utility purposes over, under, through and across that Real Property situated in the City of Firebaugh, County of Fresno, State of Califomia, more particularly described and shown as follows:
See Exhibits "A" and 'B'which are attached and incorporated herein This Conection Grant Deed is being recorded to include all Grantors and Signature Lines on Grant Deed recorded August 18,2023 as Document No. 2023'0076704.
Housing Authority of Fresno County, Califomia, a body corporate and politic Date: /l'/0-
ck Williams, Chief Executive Officer
By
A notary public or other officer completing this certilicate r/erafies only the idEntity of the individual who signed fie document to whlch this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Slate of Ca\reur nirr,
County or ?rPsno -
on N0{omhl{ \t)t J}}t bafore me, Notary PuHic,
(here insert name and titls of the officer)
personally appeared
who proved to me on lhe basis of satisfactory evidence to be the percon(s) whose name(s) is/are sr.Ossibed to the within instrument and acknowledged to rne that he/she/they execuled the ssme in his/her/their aulhorized capacity(ies), and that by histher/lheir srgnature{s} on the or the entity upon behalf of which the porson(s) actsd. executed the instrurnEnt. instrument lhe person(s),
I certify under PENALW OF PERJURY under the laws of the State of Galifomia that the foregoing paragraph is lnte and corracl.
WITNESS my and officialseal
Notsry Aclom{rdgrnrnl - Grniltl
SSCORP0tA6:!.(h, Updatsd: 09.8.10
ffi"Nf$ti*+;"
Printec: 10.23.25 Q 07:t7 An by SG
CA.FT-FFOi,IOt 5m.0t?At "FFOU-20t 23025 rt
AND
Firebaugh La Joya Commons, LP,
a Galihmia limited partnershiP
By: Silvercrest, lnc.,
a California non-profit public benefit corporation,
its Managing General Partner
By:
Wlliams, Secretary/Director
By: Firebaugh La Joya Commons AGP, LLC,
a Califomia lirnited liabili$ company
its Admin istrative General Partner
By: Housing Authority of the County of Fresno,
California, a public body corporate and politic,
its solE Member and Manager
By:
Wlliams. CEO
A notary public or other officer compleling tris certificale verifies only the irlentity of the individual who signed the document lo which this certificate i8 eltachad, and not the truthfulness, accuracy, or validi$ of that document.
State of Crr\rftrvnlr,r,
County or Ff f:\s
-
on N0$rmn{( t0tJE6- before me, Nolary Ptslic,
(here insert name and title of the officer)
personally appeared
wlro proved to me on the satisfactory evidence to be person(s) whose name(s) i9are subscribed lo the within instrument and acknowledged to me thal he/she/they executed the same in his/her/iheir authOrized capacity(ies), and lhat by his/her/lheir signature(s) on lhe instrumEni the person(s), or the entity upon behalf of which the person(s) acted, executed lhE instrument.
I certify under PENALTY OF PERJURY under the laws of tha Stale of Galifomia that the loregoing paragraph is true and coffect.
WITNESS hand and
l{ olry Aclr.filadgna{ - G.nrol
SSCORPOIE6S.&G / Up6ri.d. 09.23. 19
lf;fu\ LUCI^YANA
w,.,#f#k{ffi,,
Pdnted: 10.23.25 @ 0r:4t AMbySG
cA.FT.FFOil.O1 fln,0EZl0t-FFoM_20 I 230257E
A notary public or other officer completing this cerlificate verifies only the irdentity of the individual who signed the documenl lo li'fiich this certificate is attached, and not the trulhfulness. acclrracy, or valldity of that document,
Stale of
Countyof frrsno
on N0rler$l*rr [Sr J$}f -. , beforemo, Nol8ry Public,
(here name and tille ol th6 offioe0
personally appeared
who proved to me on the basis of satisfaciory to be the wlrose name(s) ls/are subscdbed to the within inslrument and acknowledged to me lhat he/she/they execuled tha same in hislher/their authorized capacifiies), and that by his/her/their signatutc(s) on lhc or the entity upon behatf of wttich the person(s) acted, executed the instrumenl instrumcnt thc pcrson(s),
I certlfy under PENALW OF PERJURY under the laws of the Slate of Califomia lhat the foregoing paragraph is true and conect.
WITNESS hand and official
Notsy Acknotlcdgntrrt - Ganrd
SSCORPOI t63.d* I UpdiGd: (8.23. 19
lf;$. lticuYlxEr
W.,ffiffiliflffi,,
Prinlcd: 1023.25 O 07:t7 Att by SG
CA.FI.FFO[+0 1 500.0@0 1-FFOti]at1 2302578
DOC #2023{076704 Pege 4 at7
EXIIIBIT (6A''
Legal Description
Public Street and Public Utilities
Those portions of Sections 20 and 29, TownsNp 12 Soutb, Raoge l4 East, Mount Diablo Base and Meridian, in the City of Firebaugh, County of Fresno, Stste of Califomia, according to tbe OfEcial Plat theroo{ morp particularly described as follows:
COMMENCING at the South quarter comer of said Section 20; tbence South 89045'00" West, along the Soutb line of said Scction 20, a distance of 214.52 feet to thc Westecly liae of the 30.00 foot wido watcr, sewer and storm drsin easement as shown on Map of Tract No. 3423, titled 'Rubi Gardens', recotded on November t, 1981, in Book 39 of Plats at Pages 4 through 7, Fresno County Records; thence North 37o35'30'West, a distance of 35.86 feet to tbe centerline of Clyde Faunon Drive; tbencc Nortb 53001'00' East, along said centcrline, a distance of 30.00 feet to the POINT OF BEGINNING; tbence North 53o01'00'Easr, mntiauhg along said centcrline, a disnnce of 20.22 to the beginning of tangent curve, concave Northwesterly, with a radius of 500.00 feet; ',hencc Norttreasterly along las said curve and said centerlioe, through a cental urgle of 45o3 6'22", *1, arc distance o1397.99 fpet to the most Westerly Southwcst corner of the parcel described in thc Deed recorded on Fcbruary 25,1952, in Book 3164, Pagc 169, Official Records Fresno County; lbence along the most Westerly South iine of said Deed, South 8903?00" Eost, a distance of 32.23 fcet to a non-tangent curye parallel witb and 32.00 feet Southeasterly of said centerline, concave Northwesterly, with a radius of 532,00 feet, to which a radial bears South 83000'51" East; thence Southwesterly, along the arc of last said curve and parallel with and 32.00 feet Easterly of said centerline, througb a ceutral aogle of 14o l4'18", an arc distance of 132.21 feet; tbence South I to45'13' East, a distancc of 24.80 feet; thence South 63?0'00" East, a distance of 478.88 feet to the beginnhg of a curve, concave Southwesterly, witb a radiu of 543.00 feeq, thcnce Southcastcrly along the arc of last said cur,vq through a cental ang)e of 22"45'04", an arc distance o[2l5.6l feet; thcnce South 40"34'56'East, a disunce of 14.40 feet to the Northerly line of "P" Street, previorsly dedicated ou said Map of Tract No. 3423; theuce South 49?5'04" Wes! along said Norttrerly [ine, a distance of 65.00 feet] thence leaving said Northerly line, North 40o34'56" West, a disroncc of 14.40 feet, to the begiuning of a curve, concave Soutbwesterly, with a rsdius of 478.00 fect; thcnce Northwesterly, along the arc of last said curve, through a central angle of 22o45'04", an arc distance of I E9,E0 feet; &cnce North 6320'00" West, a distance of 471.94 feet; thence Sonth 77o46'15" West, a disunce of 33.21 feet to an arc parallel with and 31.00 feet Southeasterly of said ccnterline and thc bcginning of a non-tangent curv€, concave Northwcsteriy, witb a radius of 531.00 fcct, to which a radial bearc South 57o37'35" East; thence Southwesterly along the arc of last said curve and parallel with and 31.00 fcet Southeasterly of said centerliue, tbrougb a central angle of 20o38'35", an uc distance of 191.31 feet; thence South 53o01'00" West, parallel with and 31.00 fe€t Southeasterly of said centerlinq a distance of 19.89 fect to a point of intersection of the Ees1".1t Linc of said 30.00 foot wide easement and a line parallel with and 31.00 feet Southerly of said centerline; thence Nortb 37'35'30" West along said Easerly line, a distaoce of 31.00 feet to the POINT OF BEGINNING.
Conlrining 60,261square feet, more or le,ss.
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CERTIFICATE OF ACCEPTANCE
(Government Code S 27281)
This is to certifu that the interest in real property, as shown on Exhibit "A" attached hereto, conveyed by the Correction Grant Deed dated November I0,2025, for public street purposes, the Correction Grant of Easement dated November I0, 2025, for public utility pulposes, and the Correction Grant of Easement dated November 10, 2025, for public pedestrian pu{poses, from the HOUSING AUTHORITY OF FRESNO COUNTY and the FIREBAUGH LA JOYA COMMONS, LP, to the CITY OF FIREBAUGH, are hereby accepted by order of the Firebaugh City Council, by adoption of Resolution No. 25-40,on December 1,2025. The City of Firebaugh hereby consents to recordation thereof by its duly authorized officer.
Dated: 2025 By:
Ben Gallegos, City Manager
ORDINANCE NO. 25-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH, CALIFORNIA, AMENDING CHAPTER 16.5 OF THE FIREBAUGH MUNICIPAL CODE REGARDING PUBLIC NUISANCE ABATEMENT.
WHEREAS, the City of Firebaugh ("City") is a general law city, incorporated under the State of California, with the power to make and enforce within its jurisdictional limits all local, police, sanitary, land use, and other ordinances and regulations not in conflict with general laws of the state; and
WHEREAS, the City Council adopted Ordinance No. 85-l adding Chapter 16.5 to the Firebaugh Municipal Code ("FMC") to address the issue of public nuisance abatement to protect the City and its citizens from property conditions injurious to public health and ensure the security and maintenance of neighborhoods and the general welfare; and WHEREAS, the City Council desires te,,amend Chapter 16.5 of the FMC to further address issues related to abandoned or vacated properties, add additional requirernents for security and registration, and create a monitoring program to ensure compliance with these regulations; and WHEREAS, the City Council desires to amend the FMC pursuant to the Ordinance to preserve and protect the public peace, health, safety, and welfare; and
COUNCIL OF THE CITY OF FIREBAUGH
above recitals are true and correct and are hereby incorporated ABSTAIN:
ABSENT:
APPROVED: ATTEST:
Freddy Yaldez, Mayor Rita Lozano, Deputy City Clerk
Return to agenda
ORDINANCE NO.25-04
Chapter 16.5 Public Nuisance Abatement
Sections:
s 16.s-l TrTLE.
This chapter shall be known as the City of Firebaugh Public Nuisance Abatement Ordinance. $ 16.s-2 r'rNDrNGS.
The council finds and determines as follows:
a. That the City has a history and a reputation for well-kept properties and that the property values and the general welfare of the community are founded, in part, upon the appearance and maintenance of private properties;
b. That there is a need for further emphasis on property maintenance and sanitation in that certain conditions, as described in this chapter, have been found from place to place throughout the city;
c. That the existence of such conditions as described in this chapter is injurious and inimical to the public health, safety and welfare of the residents of the city and contributes substantially and increasingly to the deterioration of neighborhoods; d. That unless correct measures are undertaken to alleviate such existing conditions, and assure the avoidance of future problems in this regard, the public health, safety, and general welfare and specifically the social and economic standards of the community will be depreciated;
e. That the abatement of such conditions will improve the general welfare and image of the city; and
f. That the abatement procedures set forth in this chapter are reasonable and afford due process to all affected persons.
g. The purposes of this chapter are to safeguard, remedy, and prevent the decay and deterioration of our community by elimination of public nuisances, including Vacant Lots as defined in this chapter. The procedures established in this article are cumulative and in addition to any other remedy established by law. s 16.5-3 DEFTNTTTONS.
a. ATTRACTIVE NUISANCE shall mean any condition, instrumentality or machine which is unsafe and unprotected and thereby dangerous to young children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attractyoung children to the premises and risk injury by playing with, in, or on it. b. BLIGHT -- means the condition of a specific Properly or group of properties where the conditions are visible from public streets or right of ways and substantially detract from 2 ORDINANCE NO.25-04
the aesthetics and economic value of the neighboring Properties including health and safety hazards, public nuisance, crime, neglect and deterioration of Property. c. DIRECTOR -- shall mean the fire chief, building inspector, or other city employee designated by the council or city manager to carry out and enforce the provisions of this chapter.
d. LANDOWNER -- shall mean the person to whom land is assessed as shown on the last equalized assessment roll of the county.
e. PARK STRIP -- shall mean that portion of street right-of-way which lies between the Property line and the outside edge of a gutter or gutter lip, including a driveway approach. Where no curb exists, "Park Strip" shall mean the area of Property from the Property line to the edge of the pavement.
f. PROPERTY -- shall mean any lot or parcel of land. For the pu{poses of this definition, "lot orparcel of land" shall include any alley, sidewalk, Park Strip of unimprovedpublic easement abutting such lot or parcel of land. Further, for the purpose of this definition, "unimproved public easement" shall not include an exposed irrigation canal. g. VACANT LOT -- shall mean any Property, lot or parcel that is either undeveloped; or has an existing on-site building or structure that is either abandoned, vacant or unleased by the Property owner. A Vacant Lot shall not include lots for which construction on the lot is proceeding diligently to completion in compliance with this Code, or for which a building permit has been issued and has not yet expired in accordance with this Code.
$ 16.5-4 RESPONSIBILITY FOR ENFORCEMENT.
The Director shall be responsible for the administration and enforcement of this chapter. For purposes of declaring and abating fre hazards pursuant to the provisions of this chapter, the Director is also authorized to perform the duties imposed on the fire chief and fire marshal pursuant to the provisions of Chapter 16 of this code.
$ 16.s-s PROHTBTTED ACTiVrrrnS.
It is unlawful for any person to keep, maintain, or deposit on any Property in the city any of:
a. Rubbish or junk, including but not limited to refuse, garbage, scrap metal, concrete, asphalt, tin cans, tires, and piles of earth.
b. Combustible material is likely to become easily ignited or debris resulting from any fire and which constitutes a fte hazard, as defined in the Fire Code as adopted by the city pursuant to Chapter 16 of this code.
c. Inoperative or abandoned motor vehicles which are not stored within an entirely enclosed space or carport, or unless specifically permitted by the zoning ordinance. d. The following weeds:
1. Weeds which bear seeds of a downy or wingy nature
3 ORDINANCE NO.25-04
2. Sagebrush, chaparral, and any other brush or weeds which altain such large growth as to become, when dry, umenace to adjacent Property.
3. Weeds which are otherwise noxious or dangerous.
4. Puncture vines and tumbleweed.
5. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.
6. Dry grass and grass likely to become dry stubble, brush, litter or other flammable material which endangers the public safety creating afrcehazard, as defined in the Uniform Fire Code as adopted by the city pursuant to Chapter 16 of this code.
e. Dead, decayed or hazardous trees, residue from a fire or demolition such as concrete or brick foundations and flatwork, and which constitute an unsightly appearance, a fire hazard, or are dangerous to public health and welfare.
f. Yard landscaping that has become so overgrown or uncontrolled as to create a fire hazard, obstruction to traffrc or otherwise a Blight to the neighborhood as defined in this section.
$ 16.5-6 PUBLIC NUTSANCES.
It is hereby declared a public nuisance for any person owning, leasing, occupying, directly controlling, or having charge of any Property in this city to:
a. Maintain any condition described in section 16.5-5.
b. Maintain an Attractive Nuisance.
c. Exhibit, store or repair merchandise, signs, bicycle racks or other obstructions upon any public sidewalk, street, alley or easement unless an encroachment permit has been obtained from the Director; provided, however, that this section shall not prohibit any acts authorizedby this code relating to the construction of any awnings or buildings, nor prohibit the erection of telegraph, telephone or electric facilities otherwise authorized by law, and this section shall not apply to goods in actual course of delivery, receipt or removal with reasonable dispatch for a time not longer than two hours, nor to shbde trees, nor to the erection of any sign which complies with this code as now existing or as hereafter amended, and for which a permit has been issued. d. Allow graffiti to remain visible on any building, fence, wall or structure for more than seven days. Graffiti shall be removed, covered or painted over in a manner that restores the defaced surface as much as possible to its original condition. e. Allow any vacant commercial or residential structure which has been vacant or unoccupied for a period of six months, to fall into a state of visible or obvious disrepair.
Visible or obvious disrepair includes but is not limited to: boarded up or broken windows or doors; chipping or cracking exterior paint or stucco; the accumulation of 4 ORDINANCE NO.25-04
trash, construction materials, shopping carts or abandoned vehicles; broken or visibly missing shingles or roofing materials; or broken or unmaintained fencing. $ 16.5-6.5 VACANT LOTS, PROPERTIES, OR PARCELS.
Owner, including but not limited to, beneficiaries/trustees and other responsible parties, shall:
a. Maintain Vacant Lots compliant with conditions described in section 16.5, including any perimeter fencing free of weeds, dry brush, dead vegetation, trash, garbage, junk, debris, building materials, vehicles, cars, boats, campers, any accumulation of newspapers, flyers, notices (except those required by federal, state or local law), discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, graffiti, tagging or similar markings. The Property owner or other responsible person must inspect the Property at reasonable intervals or take other reasonable steps to ensure that there is no dead or dying vegetation, litter, weeds, graffrti, debris or materials accumulating on the Property. b. Within thirty (30) days after the lot becomes vacant or within thirty (30) days after the effective date of this Chapter, whichever is later, complete a Vacant Lot registration application on a form made available by the City and shall register the Vacant Lot with the Public Works Department or other such department tasked with the registration of Vacant Lots. Areasonable extension of time may be granted by the City for good cause. c. Registration of a Vacant Lot shall be $100 per lot and valid for a period of twelve (12) months, must be registered by July 1't of each year.
d. Fees set by City of Firebaugh Municipal Code $ 1-5.5.2Administrative Citation. e. Prior to the removal of a Vacant Lot from the registration requirement established by this Chapter, the condition(s) which initially compelled registration of the lot must be resolved and an inspection by the City to determine compliance completed. No owner of a Vacant Lot shall be relieved of the registration requirement until all City fees, fines, penalties, or costs as applicable are paid in full. Reference Page 3. section G - Vacant Lots.
$ 16.s-7 ENFORCEMENT.
Enforcement of this chapter may be accomplished by the city in any manner authorized by law.
The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other maruler provided by law.
$ 16.5-8 NOTTCE AND ORDER OF DTRECTOR.
Whenever the Director has inspected or caused to be inspected any Property and has found and determined that conditions constituting a public nuisance exist thereon, the Director at his 5 ORDINANCE NO.25-04
discretion may use the procedures set forth in this section for the abatement of such public nulsance.
a. The Director shall issue a notice and order and mail a copy of such notice and order to the landowner of the Property and the person, if other than the landowner occupying or otherwise in real or apparent charge and control of the Property. The notice and order shall contain:
1. The street address and a legal description sufficient for identification of the Property on which the condition exists.
2. A statement that the Director has determined that a public nuisance is being maintained on the Property with a brief description of the conditions which render the Property a public nuisance.
3. An order to secure permits as appropriate and to physically commence, within 10 days of the date of service of the notice and order, and to complete within 30 days of such date, the abatement of the described conditions.
4. A statement advising that the disposal of materials involved in public nuisances shall be carried forth in alegal manner.
5. A statement advising that if the required work is not commenced within the time specified, the Director will proceed to cause the work to be done, and bill the persons named in the notice for the abatement costs and/or assess the costs against the Property.
6. A statement advising that any person having any interest or record title in the Property may appeal from the notice and order or any action of the Director to the city council provided the appeal is made in writing as provided in this section and filed with the city clerk within 10 days from the date of service of the notice and order.
7. A statement advising that the notice and order will be recorded against the Property in the office of the county recorder.
b. The notice and order, and any amended notice and order, shall be mailed by first class mail, postage prepaid, to each person as required pursuant to the provisions of paragraph a at the address as it appears on the last equalized assessment roll of the county or as known to the Director. The address of owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. The failure of the Director to make or attempt service on any person required herein to be served shall not invalidate any proceedings hereunder and to any other person duly served. Service by mail in the manner provided shall be effective on the date of mailing. The failure of any person entitled to service to receive such notice shall not affect the validity of any proceedings taken under this chapter. 6 ORDINANCE NO.25-04
c. Proof of service of the notice and order shall be documented at the time of service by a declaration executed by the person affecting service, declaring the time and manner in which service was made.
d. At the time the notice and order are served, the Director may file in the office of the county recorder a certificate legally describing the Property and certiffing that a public nuisance exists on the Property and the owner has been so notified. Whenever the corrections ordered shall have been completed so that there no longer exists a public nuisance on the Property described in the certificate; or the notice and order rescinded by the council upon appeal; or whenever the city abates the nuisance and the abatement costs have been paid, the Director shall file a new certificate with the county recorder that the nuisance has been abated.
e. Vacant Lots who receive a notice and order from the Director on more than three occasions in 12 months shall be deemed a "Nuisance Vacant Lot." $ 16.5-9 EXTENSION OF TIME TO PERFORM WORK.
Upon receipt of a written request from any person required to conform to the order, the Director, in his discretion, may grant an extension of time within which to complete said abatement, if the Director determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or Property. The Director shall have the authority to place reasonable conditions on any extensions he may grant pursuant to this sectron.
$ 16.s-l0APPEAL.
Any person aggrieved by the action of the Director in issuing a notice and order pursuant to the provisions of this chapter may appeal to the council by filing a written appeal with the city clerk within 10 days of the date of service on the notice and order. If no appeal is filed within the time prescribed the action of the Director shall be final. $ 16.5-11 PERFORMANCE OF ABATEMENT.
Abatement of the nuisance may in the discretion of the Director be performed by city forces or by a contractor retained pursuant to the provisions of this code. $ 16.s-12 ENTRY ON PRTVATE PROPERTY.
a. The Director may enter upon private Property to abate the nuisance pursuant to the provisions of this chapter. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city whenever such person is engaged in the work of abatement, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.
7 ORDINANCE NO,25-04
b. No officer, agent or employee of the city shall be personally liable for any damage incurred or alleged to be incurred as a result of any act required permitted or authorized to be done or performed in the discharge of his duties pursuant to this chapter. $ 16.5-13 ADDITTONAL PROCEEDINGS FOR ABATEMENT OF IMMINENTLY DANGEROUS PUBLIC NUISANCES.
Whenever the Director determines that a public nuisance is so imminently dangerous to life or adjacent Property that such conditions must be immediately corrected, or isolated, he may institute the following procedures :
a. The Director shall attempt to make contact through a personal interview, or by telephone with the record owner of the buitding or premises, or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event contact is made, the Director shall notifr such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or Property.
b. In the event the Director is unable to make contact as hereinabove noted, or if the appropriate persons, after notification by the Director, do not take action as specified by such official, within T2hours,then the Director may take all steps deemed necessary , to remove or isolate such dangerous condition or conditions. The Director, or his authorized representative, may enter the premises upon which the dangerous condition exists and proceeds to remove or isolate such condition, or conditions, with the use of city'forces or a contractor retained pursuant to the provisions ofthis code. c. The Director shall keep an itemized account of all costs incurred by the city in removing or isolating such condition, or conditions. Such costs may be recovered in the same manner that abatement costs ale recovered pursuant to this chapter. s 16.5-14 ACCOUNT OF ABATEMENT COSTS.
The Director shall keep an itemized account of the costs incurred by the city in the abatement of any public nuisance under this chapter. Upon completion of the abatement work, the Director shall prepare a report speciffing the work done, the itemized costs of the work for each Property, including direct, indirect and administrative costs, a description of the real Property, and the names and addresses of the persons entitled to service pursuant to section 16.5-8 of this code. Any such report may include costs on any number of properties, whether or not contiguous to each other. Each person named in the notice shall be jointly and severally liable for such abatement costs and the amount of such costs shall be a debt owed to the city.
s 16.5-15 PROCEDURE FOR SPECIALASSESSMENT.
B
ORDINANCE NO.25-04
a. When any charges levied pursuant to this chapter remain unpaid for a period of 60 days or more after the date on which they were billed, the Director, in his discretion, may forward the abatement costs report described in section 16.5-14 of this code to the city clerk.
b. Upon receipt of the abatement costs report, the clerk shall fix a time and place for hearing and passing upon the report. The clerk shall cause notice of the amount of the proposed assessment, as shown in this report, to be given in the manner and to the persons specified in section 16.5-8 of this chapter. Such notice shall contain a description of the Property suffrcient to enable the persons served to identifu it, and shall specifi' the day, hour and place when the council will hear and pass upon the report, together with any objections or protests, if any, which may be raised by any Property owner liable to be assessed for the costs of such abatement. Such notice of the hearing shall be so given not less than 15 days prior to the time fixed by the council for the hearing, and shall also be published one time, at least 15 days prior to the date of the hearing, in a daily newspaper published and circulated in the city. c. Any interested person may file a written protest with the city clerk at any time prior to the time set for the hearing on the report of the Director. Each such protest shall contain a description of the Property in which the person signing the protest is interested and the grounds ofsuch protest. The city clerk shall endorse on every such protest the date and time of filing and shall present such protest to the council at the time set for hearing. s 16.5-16 HEARTNG ON PROPOSED ASSESSMENT.
Upon the day and hour fixed for the hearing the council shall consider the report of the Director, together with any protests which have been filed with the city clerk as hereinabove provided.
The council may make such revision, correction, or modification in the report as it may deem just, and when the council is satisfied with the correctness of the assessment, the report, and proposed assessment, as submitted or as revised, corrected, or modified, shall be confirmed.
Notwithstanding the provisions of this section, if the nuisance proceeding involves an abandoned vehicle and the council determines that the vehicle was placed on the land without the consent of the Landowner and that he has not subsequently acquiesced in its presence, then the costs of abatement shall not be assessed against the Property or otherwise collected from the owner. The decision of the council on the report and the assessment and on all protests shall be final and conclusive. The council may adjourn the hearing from time to time. s 16.5-17 CONTEST OFASSESSMENT.
The validity of any assessment levied under the provisions of this chapter shall not be contested in any action or proceeding unless such action or proceeding is commenced within 30 days after the assessment is confirmed by the council.
s 16.5-18 NOTTCE OF LIEN, FORM AND CONTENTS.
I
ORDINANCE NO.25-04
a. Immediately upon the confirmation of the assessment by the council, the Director shall execute and file in the office of the City Recorded of Fresno County a certificate in substantially the following form:
NOTICE OF LIEN
Pursuant to the authority vested in the Director by the provisions of Chapter 16.5 of the Firebaugh Municipal Code, said Director did on or about the -
day of
20 _,
assess the cost of such abatement upon the Firebaugh real Property hereinafter described, and the same has not been paid nor any partthereof, and the said City does hereby claim a lien on said real Property for the net expense of the doing of said abatement in the amount of said assessment, to wit: the sum of $ and the same shall be a lien upon said real Property until the sum has been paid in full and discharged ofrecord.
The real Property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Firebaugh, County of Fresno, State of California, and particularly described as follows:
(DESCRIPTTON OF PROPERTY)
Date: This _ day of 20
City of Firebaugh
b. Immediately upon the recording of the notice of lien the assessment shall constitute a lien on the real Property assessed. Such lien shall, for all purposes, be upon aparity with the lien of State, county and city taxes.
$ 16.5-19 COLLECTION WrrH REGULAR TAXES PROCEDURE.
a. The notice of lien, after recording shall be delivered to the Auditor of Fresno County, who shall enter the amount thereof on the county assessment book opposite the description of the particular Property and the amount shall be collected together with all other taxes thereon against the Property. The notice of lien shall be delivered to the auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.
b. Thereafter the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such assessment.
10 ORDINANCE NO,25-04
s 16.s-20 REFUNDS.
The council may order a refund of all or part of a tax paid pursuant to this chapter if it finds that all or part of the tax has been erroneously levied. Atax or part thereof shall not be refunded unless a claim is filed with the city clerk on or before November I after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his guardian, executor or administrator.
s 16.5-21 REMEDTES OF PRTVATE PARTTES.
The provisions of this chapter shall in no way adversely aflect the right of the owner, lessee or occupant ofany such lot to recover all costs and expenses required by this chapter from any person causing such nuisance.
s 16.5-22 COST OFABATEMENT CONSTTTUTES A LIEN.
a. The city may, pursuant to the provisions of this section and in lieu of the provisions of subsections 16.5-14 through 16.5-19, collect any fee, cost, or charge incurred in (1) the abatement of public nuisances; (2) the correction of any violation of any law or regulation that would also be a violation of section I94l.l of the Civil Code; (3) the enforcement of zoning ordinances adopted pursuant to Chapter 4 (commencing with section 65800) of Division 1 of Title '7 or any other constitutional or statutory authority; (4) inspections and abatement of violations of Article 1 (commencing with section 13100) of Part 2 of Division 13 of theHealth and Safety Code; (5) inspections and abatement of violations of the State Housing Safety Code and regulations adopted pursuant thereto; (6) inspections and abatement of violations ofthe California Building Standards Code, Title 24 of the California Code of Regulations; or (7) inspections and abatement related to local ordinances and regulations that implement any of the foregoing, if the fee, cost or charge has not been paid within 45 days of notice thereof, and the city does hereby make the amount ofthe unpaid fee, cost, or charge a lien against the Property that is the subject of the enforcement activity. b. Except as provided in subsection 16.5-22a, the amount of the proposed lien shall be collected at the same time and in the same manner as Property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that if any real Property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or ifa lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attachto real Property and the costs of enforcement relating to the Property shall be transferred to the unsecured ro11 for collection.
11 ORDINANCE NO.25-04
c. The amount of any fee, cost, or charge shall not exceed the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
d. This section shall not apply to owner-occupied residential dwelling units. e. This section does not apply to any enforcement, abatement, correction, or inspection activity regarding a violation in which the violation was evident on the plans that received a building permit.
f. The city shall provide the owner of the Property with written notice in plain language of the proposed lien, a description of the basis for the amounts comprising the lien, a minimum of 45 days after notice to pay the fee, cost or charge, and an opportunity to appear before the city council and be heard regarding the amount of the proposed lien. g. The city council may delegate the following ofthe hearing required by subsection 16.5- 22f to a hearing board designated by the city council. The hearing board shall make a written recommendation to the city council which shall include factual findings based on evidence, notice of hearing, or may set the matter for a de novo hearing before the city council. Notice in writing of the de novo hearing shall be provided to the Property owner at least 10 days in advance of the scheduled hearing. h. If the city council determines that the lien authorized pursuant to subsection 16.5- 22a shall become a lien, the body may also cause a notice of lien to be recorded. This lien shall attachupon recordation in the office of the county recorder and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identifr the record owner or possessor of the Property, set forth the last known address of the record owner or possessor, set forth the date upon which the lien was created against the Property, and include a description of the real Property subject to the lien and the amount of the lien.
12 ORDINANCE NO. 25-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH, CALIFORNIA, AMENDING CHAPTER 16.5 OF THE FIREBAUGH MUNICIPAL CODE REGARDING PUBLIC NUISANCE ABATEMENT.
WHERLAS, the City of Firebaugh ("City") is a general law city, incorporated under the State of California, with the power to make and enforce within its jurisdictional limits all local, police, sanitary, land use, and other ordinances and regulations not in conflict with general laws of the state; and
WHEREAS, the City Council adopted Ordinance.No. 85-1 adding Chapter 16.5 to the Firebaugh Municipal Code ("FMC") to address the issue of public nuisance abatement to protect the City and its citizens from property conditions injurious to public health and ensure the security and I ne loregolng
Cal ifornia, at a re-gular
by the City Council,on
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
iniroduced
this ' day
was
on
by the City Council of the City of Firebaugh,
of November,2025, and was passed and adopted
this day of November, 2025, by the following vote:
ATTEST:
Freddy Yaldez, Mayor Rita Lozano, Deputy City Clerk
ORDINANCE NO.25-04
Chapter 16.5 Public Nuisance Abatement
Sections:
s 16.s-1TITLE.
This chapter shall be known as the City of Firebaugh Public NuisanceAbatement Ordinance. $ 16.s-2 FTNDTNGS.
The council finds and determines as follows:
a. That the City has a history and a reputation for well-kept properties and that the property values and the general welfare of the community are founded, in part, upon the appearance and maintenance of private properties;
b. That there is a need for further emphasis on property maintenance and sanitation in that certain conditions, as described in this chapter, have been found from place to place throughout the city;
c. That the existence of such conditions as described in this chapter is injurious and inimical to the public health, safety and welfare of the residents of the city and contributes substantially and increasingly to the deterioration of neighborhoods; d. That unless correct measures are undertaken to alleviate such existing conditions, and assure the avoidance of future problems in this regard, the public health, safety, and general welfare and specifically the social and economic standards of the community will be depreciated;
e. That the abatement of such conditions will improve the general welfare and image of the city; and
f. That the abatement procedures set forth in this chapter are reasonable and afford due process to all affected persons.
g. The purposes of this chapter are to safeguard, remedy, and prevent the decay and deterioration of our community by elimination of public nuisances, including Vacant Lots as defined in this chapter. The procedures established in this article are cumulative and in addition to any other remedy established by law. $ 16.5-3 DEFTNTTTONS.
a. ATTRACTIVE NUISANCE shall mean any condition, instrumentality or machine which is unsafe and unprotected and thereby dangerous to young children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in, or on it. b. BLIGHT -- means the condition of a specific Property or group of properties where the conditions are visible from public streets or right of ways and substantially detract from the aesthetics and economic value of the neighboring Properties including health and safety hazards, public nuisance, crime, neglect and deterioration of Property. 2 ORDINANCE NO.25.04
c. DIRECTOR -- shall mean the fire chief, building inspector, or other city employee designated by the council or city manager to carry out and enforce the provisions of this chapter.
d. LANDOWNER -- shall mean the person to whom land is assessed as shown on the last equalized assessment roll of the county.
e. PARK STRIP -- shall mean that portion of street right-of-way which lies between the Property line and the outside edge of a gutter or gutter lip, including a driveway approach. Where no curb exists, "Park Strip" shall mean the area of Property from the Property line to the edge of the pavement.
f. PROPERTY -- shall mean any lot or parcel of land. For the purposes of this definition, "lot or parcel of land" shall include any alley, sidewalk, Park Strip of unimproved public easement abutting such lot or parcel of land. Further, for the pu{pose of this definition, "unimproved public easement" shall not include an exposed irrigation canal. g. VACANT LOT -- shall mean any Property, lot or parcel that is either undeveloped; or has an existing on-site building or structure that is either abandoned, vacant or unleased by the Property owner. A Vacant Lot shall not include lots for which construction on the lot is proceeding diligently to completion in compliance with this Code, or for which a building permit has been issued and has not yet expired in accordance with this Code.
$ 16.5-4 RESPONSIBILTTY FOR ENFORCEMENT.
The Director shall be responsible for the administration and enforcement of this chapter. For pulposes of declaring and abating fre hazards pursuant to the provisions of this chapter, the Director is also authorized to perform the duties imposed on the fire chief and fire marshal pursuant to the provisions of Chapter 16 of this code.
$ 16.5-5 PROHTBTTED ACTMTTES.
It is unlawful for any person to keep, maintain, or deposit on any Property in the city any of:
a. Rubbish or junk, including but not limited to refuse, garbage, scrap metal, concrete, asphalt, tin cans, tires, and piles of earth.
b. Combustible material is likely to become easily ignited or debris resulting from any fire and which constitutes afnehazard, as defined in the Fire Code as adopted by the city pursuant to Chapter 16 of this code.
c. Inoperative or abandoned motor vehicles which are not stored within an entirely enclosed space or carport, or unless specifically permitted by the zoning ordinance. d. The following weeds:
1. Weeds which bear seeds of a downy or wingy nature
2. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, amenace to adjacent Property.
3. Weeds which are otherwise noxious or dangerous.
3 ORDINANCE NO.25-04
4. Puncture vines and tumbleweed.
5. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.
6. Dry grass and grass likely to become dry, stubble, brush, litter or other flammable material which endangers the public safety creating afuehazard, as defined in the Uniform Fire Code as adopted by the city pursuant to Chapter 16 of this code.
e. Dead, decayed or hazardous trees, residue from a fire or demolition such as concrete or brick foundations and flatwork, and which constitute an unsightly appearance, a fire hazard, or are dangerous to public health and welfare.
f. Yard landscaping that has become so overgrown or uncontrolled as to create a fire hazard, obstruction to traffic or otherwise a Blight to the neighborhood as defined in this section.
$ 16.5-6 PUBLTC NUTSANCES.
It is hereby declared a public nuisance for any person owning, leasing, occupying, directly controlling, or having charge of any Property in this city to:
a. Maintain any condition described in section 16.5-5.
b. Maintain anAttractive Nuisance.
c. Exhibit, store or repair merchandise, signs, bicycle racks or other obstructions upon any public sidewalk, street, alley or easement unless an encroachment permit has been obtained from the Director; provided, however, that this section shall not prohibit any acts authorizedby this code relating to the construction of any awnings or buildings, nor prohibit the erection of telegraph, telephone or electric facilities otherwise authorized by law, and this section shall not apply to goods in actual course of delivery, receipt or removal with reasonable dispatch for a time not longer than two hours, nor to shade trees, nor to the erection of any sign which complies with this code as now existing or as hereafter amended, and for which a permit has been issued. d. Allow graffrti to remain visible on any building, fence, wall or structure for more than seven days. Graffiti shall be removed, covered or painted over in a manner that restores the defaced surface as much as possible to its original condition. e. Allow any vacant commercial or residential structure which has been vacant or unoccupied for a period of six months, to fall into a state of visible or obvious disrepair.
Visible or obvious disrepair includes but is not limited to: boarded up or broken windows or doors; chipping or cracking exterior paint or stucco; the accumulation of trash, construction materials, shopping carts or abandoned vehicles; broken or visibly missing shingles or roofing materials; or broken or unmaintained fencing. 4 ORDINANCE NO.25-04
$ 16.5-6.5 VACANT LOTS, PROPERTIES, OR PARCELS.
Owner, including but not limited to, beneficiaries/trustees and other responsible parties, shall a. Maintain Vacant Lots compliant with conditions described in section 16.5, including any perimeter fencing free of weeds, dry brush, dead vegetation, trash, garbage, junk, debris, building materials, vehicles, cars, boats, campers, dny accumulation of newspapers, flyers, notices (except those required by federal, state or local law), discarded personal items, including, but not limited to, fumiture, clothing, large and small appliances, graffiti, tagging or similar markings. The Property owner or other responsible person must inspect the Property at reasonable intervals or take other reasonable steps to ensure that there is no dead or dying vegetation, litter, weeds, graffiti, debris or materials accumulating on the Property. b. Within thirty (30) days after the lot becomes vacant or within thirty (30) days after the eflective date of this Chapter, whichever is later, complete a Vacant Lot registration application on a form made available by the City and shall register the Vacant Lot with the Public Works Department or other such department tasked with the registration of Vacant Lots. A reasonable extension of time may be granted by the City for good cause. c. Registration of a Vacant Lot shall be $100 per lot and valid for a period of twelve (12) months, must be registered by July I't of each year.
d. Fees set by City of Firebaugh Municipal Code $ 1-5.5.2Administrative Citation. e. Prior to the removal of a Vacant Lot from the registration requirement established by this Chapter, the condition(s) which initially compelled registration of the lot must be resolved and an inspection by the City to determine compliance completed. No owner of a Vacant Lot shall be relieved of the registration requirement until all City fees, fines, penalties, or costs as applicable are paid in full. Reference Page 3" section G - Vacant Lots.
$ 16.s-7 ENF',ORCEMENT.
Enforcement ofthis chapter may be accomplished by the city in any manner authorized by law.
The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.
s 16.5-8 NOTICE AND ORDER OF DTRECTOR.
Whenever the Director has inspected or caused to be inspected any Property and has found and determined that conditions constituting a public nuisance exist thereon, the Director at his discretion may use the procedures set forth in this section for the abatement of such public nuisance.
5 ORDINANCE NO.25-04
a. The Director shall issue a notice and order and mail a copy of such notice and order to the landowner of the Property and the person, if other than the landowner occupying or otherwise in real or apparent charge and control of the Property. The notice and order shall contain:
1. The street address and a legal description sufficient for identification of the Property on which the condition exists.
2. A statement that the Director has determined that a public nuisance is being maintained on the Property with a brief description of the conditions which render the Property a public nuisance.
3. An order to secure permits as appropriate and to physically commence, within 10 days of the date of service of the notice and order, and to complete within 30 days of such date, the abatement of the described conditions.
4. A statement advising that the disposal of materials involved in public nuisances shall be carried forth in a legal manner.
5. A statement advising that if the required work is not commenced within the time specified, the Director will proceed to cause the work to be done, and bill the persons named in the notice for the abatement costs and/or assess the costs against the Property.
6. A statement advising that any person having any interest or record title in the Property may appeal from the notice and order or any action of the Director to the city council provided the appeal is made in writing as provided in this section and filed with the city clerk within l0 days from the date of service of the notice and order.
7. A statement advising that the notice and order will be recorded against the Property in the office of the county recorder.
b. The notice and ordeg and any amended notice and order, shall be mailed by first class mail, postage prepaid, to each person as required pursuant to the provisions of paragraph a at the address as it appears on the last equalized assessment roll of the county or as known to the Director. The address of owners shown on the assessment ro11 shall be conclusively deemed to be the proper address for the purpose of mailing such notice. The failure of the Director to make or attempt service on any person required herein to be served shall not invalidate any proceedings hereunder and to any other person duly served. Service by mail in the manner provided shall be effective on the date of mailing. The failure of any person entitled to service to receive such notice shall not afflect the validity of any proceedings taken under this chapter. c. Proof of service of the notice and order shall be documented at the time of service by a declaraiion executed by the person affecting service, declaring the time and manner in which service was made.
6 ORDINANCE NO.25-04
d. At the time the notice and order are served, the Director may file in the office of the county recorder a certificate legally describing the Property and certifuing that apublic nuisance exists on the Property and the owner has been so notified. Whenever the corrections ordered shall have been completed so that there no longer exists a public nuisance on the Property described in the certificate; or the notice and order rescinded by the council upon appeal; or whenever the city abates the nuisance and the abatement costs have been paid, the Director shall file a new certificate with the county recorder that the nuisance has been abated.
e. Vacant Lots who receive a notice and order from the Director on more than three occasions in 12 months shall be deemed a o'Nuisance Vacant Lot." $ 16.5-9 EXTENSION OF TIME TO PERFORM WORK.
Upon receipt of a written request from any person required to conform to the order, the Director, in his discretion, may grant an extension of time within which to complete said abatement, if the Director determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or Property. The Director shall have the authority to place reasonable conditions on any extensions he may grant pursuant to this section.
s 16.s-10 APPEAL.
Any person aggrieved by the action of the Director in issuing a notice and order pursuant to the provisions of this chapter may appeal to the council by filing a written appeal with the city clerk within 10 days of the date of service on the notice and order. If no appeal is filed within the time prescribed the action of the Director shall be final. $ 16.s-11 PERFORMANCE OF ABATEMENT.
Abatement of the nuisance may in the discretion of the Director be performed by city forces or by a contractor retained pursuant to the provisions of this code. s 16.5-12 ENTRY ON PRIVATE PROPERTY.
a. The Director may enter upon private Property to abate the nuisance pursuant to the provisions of this chapter. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city whenever such person is engaged in the work of abatement, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.
b. No offrcer, agent or employee of the city shall be personally liable for any damage incurred or alleged to be incurred as a result of any act required permitted or authorized to be done or performed in the discharge of his duties pursuant to this chapter. 7 ORDINANCE NO.25-04
s 16.5-13 ADDITIONAL PROCEEDINGS FOR ABATEMENT OF" IMMTNENTLY DANGEROUS PUBLIC NUISANCES.
Whenever the Director determines that a public nuisance is so imminently dangerous to life or adjacent Property that such conditions must be immediately corrected, or isolated, he may institute the following procedures :
a. The Director shall attempt to make contact through a personal interview, or by telephone with the record owner of the building or premises, or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event contact is made, the Director shall notiS such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or Property.
b. In the event the Director is unable to make contact as hereinabove noted, or if the appropriate persons, after notification by the Director, do not take action as specified by such offrcial, within 72hours, then the Director may take all steps deemed necessary to remove or isolate such dangerous condition or conditions. The Director, or his authorized representative, may enter the premises upon which the dangerous condition exists and proceeds to remove or isolate such condition, or conditions, with the use of city forces or a contractor retained pursuant to the provisions of this code. c. The Director shall keep an itemized account of all costs incurred by the city in removing or isolating such condition, or conditions. Such costs may be recovered in the same manner that abatement costs are recovered pursuant to this chapter. s 16.5-14 ACCOUNT OFABATEMENT COSTS.
The Director shall keep an itemized account of the costs incurred by the city in the abatement of any public nuisance under this chapter. Upon completion of the abatement work, the Director shall prepare a report specifying the work done, the itemized costs of the work for each Property, including direct, indirect and administrative costs, a description of the real Property, and the names and addresses of the persons entitled to service pursuant to section 16.5-8 of this code. Any such report may include costs on any number of properties, whether or not contiguous to each other. Each person named in the notice shall be jointly and severally liable for such abatement costs and the amount of such costs shall be a debt owed to the city.
s 16.5-15 PROCEDURE FOR SPECIALASSESSMENT.
a. When any charges levied pursuant to this chapter remain unpaid for a period of 60 days or more after the date on which they were billed, the Director, in his discretion, may forward the abatement costs report described in section 16.5-14 of this code to the city clerk.
8 ORDINANCE NO.25-04
b. Upon receipt of the abatement costs report, the clerk shall fix a time and place for hearing and passing upon the report. The clerk shall cause notice of the amount of the proposed assessment, as shown in this report, to be given in the manner and to the persons specified in section 16.5-8 of this chapter. Such notice shall contain a description of the Property sufficient to enable the persons served to identiff it, and shall specifi' the day, hour and place when the council will hear and pass upon the report, together with any objections or protests, if any, which may be raised by any Property owner liable to be assessed for the costs of such abatement. Such notice of the hearing shall be so given not less than 15 days prior to the time fixed by the council for the hearing, and shall also be published one time, at least 15 days prior to the date of the hearing, in a daily newspaper published and circulated in the city. c. Any interested person may file a written protest with the city clerk at any time prior to the time set for the hearing on the report of the Director. Each such protest shall contain a description of the Property in which the person signing the protest is interested and the grounds ofsuch protest. The city clerk shall endorse on every such protest the date and time of filing and shall present such protest to the council at the time set for hearing. $ 16.5-16 HEARTNG ON PROPOSED ASSESSMENT.
Upon the day and hour fixed for the hearing the council shall consider the report of the Director, together with any protests which have been filed with the city clerk as hereinabove provided.
The council may make such revision, correction, or modification in the report as it may deem just, and when the council is satisfied with the correctness of the assessment, the report, and proposed assessment, as submitted or as revised, corrected, or modified, shall be confirmed.
Notwithstanding the provisions of this section, if the nuisance proceeding involves an abandoned vehicle and the council determines that the vehicle was placed on the land without the consent of the Landowner and that he has not subsequently acquiesced in its presence, then the costs of abatement shall not be assessed against the Property or otherwise collected from the owner. The decision of the council on the report and the assessment and on all protests shall be final and conclusive. The council may adjourn the hearing from time to time. $ 16.5-17 CONTEST OFASSESSMENT.
The validity of any assessment levied under the provisions of this chapter shall not be contested in any action or proceeding unless such action or proceeding is commenced within 30 days after the assessment is confirmed by the council.
s 16.5-18 NOTICE OF LIEN, FORM AND CONTENTS.
a. Immediately upon the confirmation of the assessment by the council, the Director shall execute and file in the office of the City Recorded of Fresno County a certificate in substantially the following form:
I
ORDINANCE NO.25-04
NOTICE OF LIEN
Pursuant to the authority vested in the Director by the provisions of Chapter 16.5 of the Firebaugh Municipal Code, said Director did on or about the _ day of 20 _,
assess the cost of such abatement upon the Firebaugh real Property hereinafter described, and the same has not been paid nor any part thereof, and the said City does hereby claim a lien on said real Property for the net expense of the doing of said abatement in the amount of said assessment, to wit: the sum of $ and the same shall be a lien upon said real Property until the sum has been paid in full and discharged ofrecord.
The real Property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Firebaugh, County of Fresno, State of California, and particularly described as follows:
(DESCRTPTION OF PROPERTY)
Date: This _ day of 20-.
City of Firebaugh
b. Immediately upon the recording of the notice of lien the assessment shall constitute a lien on the real Property assessed. Such lien shall, for all purposes, be upon aparity with the lien of State, county and city taxes.
$ 16.5-19 COLLECTTON WrTH REGULAR TAXES PROCEDURE.
a. The notice of lien, after recording shall be delivered to the Auditor of Fresno County, who shall enter the amount thereof on the county assessment book opposite the description of the particular Property and the amount shall be collected together with all other taxes thereon against the Property. The notice of lien shall be delivered to the auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.
b. Thereafter the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such assessment.
10 ORDINANCE NO.25-04
s r6.s-20 REFUNDS.
The council may order a refund of all or part of a tax paid pursuant to this chapter if it finds that all or part of the tax has been erroneously levied. Atax or part thereof shall not be refunded unless a claim is filed with the city clerk on or before November 1 after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his guardian, executor or administrator.
s 16.5-21 REMEDIES OF PRTVATE PARTTES.
The provisions of this chapter shall in no way adversely aflect the right of the owner, lessee or occupant of any such lot to recover all costs and expenses required by this chapter from any person causing such nuisance.
$ 16.5-22 COST OF ABATEMENT CONSTTTUTES A LIEN.
a. The city may, pursuant to the provisions of this section and in lieu of the provisions of subsections 16.5-14 through 16.5-19, collect any fee, cost, or charge incurred in (l) the abatement of public nuisances; (2) the correction of any violation of any law or regulation that would also be a violation of section l94l.I of the Civil Code; (3) the enforcement of zoning ordinances adopted pursuant to Chapter 4 (commencing with section 65800) of Division 1 of Title 7 or any other constitutional or statutory authority; (4) inspections and abatement of violations of Article 1 (commencing with section 13100) of Part 2 of Division 13 of theHealth and Safety Code; (5) inspections and abatement of violations of the State Housing Safety Code and regulations adopted pursuant thereto; (6) inspections and abatement of violations ofthe California Building Standards Code, Title 24 of the California Code of Regulations; or (7) inspections and abatement related to local ordinances and regulations that implement any of the foregoing, if the fee, cost or charge has not been paid within 45 days of notice thereof, and the city does hereby make the amount of the unpaid fee, cost, or charge a lien against the Property that is the subject of the enforcement activity. b. Except as provided in subsection 16.5-22a, the amount of the proposed lien shall be collected at the same time and in the same manner as Property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that if any real Property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real Property and the costs of enforcement relating to the Property shall be transferred to the unsecured roll for collection.
11 ORDINANCE NO.25.04
c. The amount of any fee, cost, or charge shall not exceed the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
d. This section shall not apply to owner-occupied residential dwelling units. e. This section does not apply to any enforcement, abatement, correction, or inspection activity regarding a violation in which the violation was evident on the plans that received a building permit.
f. The city shall provide the owner of the Property with written notice in plain language of the proposed lien, a description of the basis for the amounts comprising the lien, a minimum of 45 days after notice to pay the fee, cost or charge, and an opportunity to appear before the city council and be heard regarding the amount of the proposed lien. g. The city council may delegate the following of the hearing required by subsection 16.5- 22f to a hearing board designated by the city council. The hearing board shall make a written recommendation to the city council which shall include factual findings based on evidence, notice of hearing, or may set the matter for a de novo hearing before the city council. Notice in writing of the de novo hearing shall be provided to the Property owner at least 10 days in advance of the scheduled hearing. h. If the city council determines that the lien authorized pursuant to subsection 16.5- 22a shall become a lien, the body may also cause a notice of lien to be recorded. This lien shall attach upon recordation in the offrce of the county recorder and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner or possessor of the Property, set forth the last known address of the record owner or possessor, set forth the date upon which the lien was created against the Property, and include a description of the real Property subject to the lien and the amount of the lien.
12 FIREBAUGH POLIGE DEPARTMENT
Memo
To:
From:
GC:
Date:
Re:
Honorable Mayor Freddy Valdez and Council Members
Magda Martinez, lnterim Chief
Benjamin Gallegos, City Manager
11t20t2025
Staff Report
I would like to provide you with a brief update on recent police activity and staff development within our department for the prior month.
lnvestigations:
The BSCC officer is currently working multiple active investigations involving narcotics and vape pen sales. These cases remain ongoing and continue to be a priority for the department Trai ni ng and Professional Develo pment:
Supervisors from Patrol and Dispatch, along with other officers, attended the Victory Mindset risk management training. The information and strategies learned will be shared with additional officers and dispatch personnel to gain more knowledge and be self-aware of our own mental and physical health.
Officer Perez completed a Breach Certification training with San Jose PD Officer Rodolfo Tabares completed a two day Leadership Development Program at the Fresno Police Academy.
Officer Rodriguez attended a two day Standardized Field Sobriety Testing (SFST) course with Fresno CHP, which now qualifies him to conduct DUI lnvestigations.
Return to agenda
K-9 Unit:
Officer Tabares continues to attend K-9 training twice a month in Vallejo, Ca.
School Resource Officers (SRO/
SROs continue to be present at after schoolactivities as well as out of town football games in support of students and school staff.
SRO Lee is currently in the background phase with an outside agency and is nearing the end of his hiring process.
Depa rtment O peratio ns :
Overall, staff continue to work collaboratively across units to meet community needs, provide support to partner organizations, and maintain a high level of service.
Please let us know if you have any questions or would like additional details on any of the incidents mentioned.
Magda Martinez
lnterim Chief
2 I F
I
R
E
D
E
P
T
1 920
City sf Firebough Fire Deportment
StofI Report
To:
From:
CC:
Date:
Mayor and City Council Members
Hector Marin, Fire Battalion Chief
Ben Gallegos, City Manager
December l't,2025 - Council Meeting
On November 21st, the fire department recognized Chief Mike Molina and Captain Jim Britton for their extended tenure of selvice within the department. Chief Molina has served with the fire department for precisely 30 years. Captain Britton has served with the fire department for twenty-five years. These two individuals have devoted numerous hours to the residents of Firebaugh during their times of need. It seemed appropriate to acknowledge these two gentlemen during our Annual Fire Department Thanksgiving Dinner.
On December 5th, I will be attending the Fresno City College Fire Academy Graduation to support our fellow member, Anthony Paredes.
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DEPUTY CITY CLERI(-HR
STAFF'REPORT
To: Honorable Mayor and Members of the City Council
From: Rita Lozano, Deputy City Clerk/HR
Date: December 3,2025
Subject: Administrative and Personnel Updates
Overview
This report provides an update on current administrative projects and personnel-related activities Current Projects and Activities
Personnel Records Management:
Updated and maintained personnel files, including revisions to city official records. Conducted routine filing of agendas, and resolutions to ensure all records are current and compliant with city and state requirements, many of the resolutions have missing supporting documents or unexecuted agreements.
Assisting new hires with the hiring packets, assisting with background check, and enrollment questions.
Assisting the employees with workers comp claims.
DMV and Employment Records:
Updated DMV employment records, removing former employees and adding new hires to ensure accurate and up-to-date reporting.
Public Requests and Administrative Support:
Assisted in responding to three public records requests and provided administrative support for agenda preparation, meeting minutes, and related City Council documentation. Assisted with grant closeouts and recording city legal documents at the Fresno County Recorder's Office. Assisting the public with filed liability insurance claims.
Training and Compliance:
Participated in the City Clerk's Luncheon meeting at the City of Clovis, and we continued to discuss SB 707, completed two virtual training courses and assisted with registering staff for additional professional development and compliance-related trainings.
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