ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA
REEDLEY CITY COUNCIL MEETING
7:00 P.M.
TUESDAY, SEPTEMBER 23, 2025
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www.reedley.ca.gov
Peticiones para servicios de traducci6n deben ser sometidas 48 horas antes a la Secretaria Municipal al numero 637-4200 ext. 212
The Council Chambers are accessible to the physically disabled. Requests for additional accommodations for the disabled, including auxiliary aids or to request translation services, should be made 48 hours prior to the meeting by contacting the City Clerk at 637-4200 ext. 212.
Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.
Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing, no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at which the Council will consider the item to which the documents relate, pursuant to the adopted City Council Protocols.
The meeting will be held in person and may be observed remotely via Zoom or at:
http://www.reedley.com/livestream.php.
Public comment may be made in person or submitted in writing. Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting, but will be included with the meeting minutes.
Matthew Tuttle, Mayor
Mary Fast, Mayor Pro Tern
Christopher Arriaga, Council Member
MEETING CALLED TO ORDER
Michael Crutchfield, Council Member
Scott Friesen, Council Member
INVOCATION- Pastor Horacio Aleman Sr., Cruising for Jesus
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than three (3) minutes. No more than ten (10) minutes per issue will be allowed. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.
NOTICE TO PUBLIC
CONSENT AGENDA items are considered routine and a recommended action for each item is included, and will be voted upon as one item. If a Councilmember has questions, requests additional information, or wishes to comment on an item, the vote should not be taken until after questions have been addressed or comments made, and the public has had an opportunity to comment on the Consent Agenda items. If a Councilmember wishes to have an item considered individually or change the recommended action, then the item should be removed and acted upon as a separate item. A Councilmember's vote in favor of the Consent Agenda is considered and recorded as a separate affirmative vote in favor of each action listed. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
CONSENT AGENDA (Item 1-3)
1. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 9, 2025 - (City Clerk) -
Staff Recommendation: Approve
2. ADOPT ORDINANCE NO. 2025-003, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 2 OF TITLE 4 OF THE REEDLEY
MUNICIPAL CODE CONCERNING UNLAWFUL DUMPING OF GARBAGE ON PUBLIC OR PRIVATE PROPERTY - (Community Development)
Staff Recommendation: Approve
3. ADOPT BUDGET AMENDMENT RESOLUTION NO. 2025-072 AMENDING THE CITY OF REEDLEY 2025-2026 BUDGET APPROPRIATING AVAILABLE FUNDING IN THE AMOUNT OF $136,479 FOR THE REEDLEY MUNICIPAL AIRPORT AVIATION FUEL FACILITY REPLACEMENT PROJECT DESIGN- (Community Development) Staff Recommendation: Approve
ADMINISTRATIVE BUSINESS
4. CONSIDER THE FOLLOWING ITEMS (A) AND (B) FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO. 24571, RUPERT AND CHURCH RECONSTRUCTION FROM DINUBA AVENUE TO CURTIS AVENUE:
A. ADOPT RESOLUTION NO. 2025-067 AMENDING THE FISCAL YEAR 2025- 2026 BUDGET TO APPROPRIATE AVAILABLE FUNDS IN THE AMOUNT OF $543,572 FOR CDBG PROJECT NO. 24571, RUPERT AND CHURCH
RECONSTRUCTION
2 B. ADOPT BUDGET RESOLUTION NO. 2025-068 AWARDING A
CONSTRUCTION CONTRACT TO DON BERRY CONSTRUCTION, INC. FOR CDBG PROJECT NO. 24571 RUPERT AND CHURCH RECONSTRUCTION Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Engineering)
Staff Recommendation: Approve
5. ADOPT RESOLUTION NO. 2025-069 APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PURCHASE AGREEMENTS AND SIGN THE GRANT
DEEDS ON BEHALF OF THE CITY OF REEDLEY TO ACCEPT STREET RIGHT OF WAY
AND/OR TEMPORARY CONSTRUCTION EASEMENTS FROM TWO PROPERTY
OWNERS RELATED TO THE JEFFERSON ELEMENTARY SAFE ROUTES TO SCHOOL PROJECT- Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Engineering)
Staff Recommendation: Approve
PUBLIC HEARING
6. CONSIDER THE FOLLOWING ITEMS FOR THE ANNEXATION OF KINGS VIEW TOWNHOMES (CONDITIONAL USE PERMIT NO. 2021-07) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1:
A. OPEN PUBLIC HEARING FOR THE ANNEXATION OF TERRITORY INTO THE
CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 1 AS ZONE FF. CLOSE THE PUBLIC HEARING AND OPEN
THE BALLOT(S)
B. ADOPT RESOLUTION NO. 2025-070 DECLARING THE RESULTS OF THE
PROPERTY OWNER PROTEST BALLOT PROCEEDING CONDUCTED FOR
THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF
TERRITORY TO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS ZONE FF IN FISCAL YEAR 2025/2026
AND APPROVING CERTAIN RELATED ACTION
C. ADOPT RESOLUTION NO. 2025-071 ORDERING THE ANNEXATION OF
TERRITORY TO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1, CONFIRMING A DIAGRAM AND
ASSESSMENT RELATED THERETO FOR FISCAL YEAR 2025/2026,
ORDERING THE IMPROVEMENTS, AND THE LEVY AND COLLECTION OF
ASSESSMENTS, WITHIN SUCH TERRITORY COMMENCING IN FISCAL YEAR 2026/2027, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND
ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Engineering)
Staff Recommendation: Approve
WORKSHOP
7. UPDATE FROM TOWNSEND PUBLIC AFFAIRS
3 8. PLANNING WORKSHOP - Community Development
COUNCIL REPORTS
9. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
STAFF REPORTS
10. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS
CLOSED SESSION
11. GOVERNMENT CODE SECTION 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 1710 Ninth Street (APN: 368-141-06)
Agency Negotiators: City Manager and Assistant City Manager Negotiating Parties: Commercial Retail Associates, Inc.
Under Negotiation: Terms, Price and Conditions
12 GOVERNMENT CODE SECTION 54957.6
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Attorney
Unrepresented Employee: City Manager
RECONVENE TO OPEN SESSION
ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in aowdanoe wlU, the app/1,able legal ,equl,ements. Dated this 18th day of Septemb~ ./'""-""-/ ~-""----_;__ __ _ ~ wood, City Clerk
Dates to Remember:
October 14, 2025 - Regular Meeting at 7pm
October 18, 2025 - Reedley Fiesta
October 28, 2025 - Special Joint Meeting with the Planning Commission 6pm and Regular Meeting at 7pm 4 REEDLEY CITY COUNCIL MEETING- September 9, 2025
A complete audio record ofthe minutes is available at www.reedley.ca.gov The meeting of Reedley City Council was called to order by Mayor Tuttle at 7:01 p.m. on Tuesday, September 9, 2025 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION - Russ Robertson
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fast
ROLL CALL
Council Members
Present:
Absent:
Christopher Arriaga, Michael Crutchfield, Mary Fast, Scott Friesen and Matthew Tuttle None.
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
Council Member Friesen motioned, Council Member Crutchfield seconded to accept and approve agenda.
Motion unanimously carried.
PRESENTATION
1. INTRODUCTION OF NEW YOUTH REPRESENTATIVES
Community Services Director Sarah Reid introduced Guadalupe Rodriguez and Johnae Bedolla.
2. INTRODUCTION OF NEW LAW ENFORCEMENT PERSONNEL
Police Chief Marc Ediger introduced Delia Alvarado, Patricia Garcia and Mark Segrue. Chief also announced the promotion of Victor Perez to Sergeant.
PUBLIC COMMENT
Susan Grote shared information about an upcoming peaceful protest to change Proposition 57 which will be occurring in Fresno and urged Council to attend.
CONSENT AGENDA (Item 3-4)
Council Member Fast moved, Council Member Friesen seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.
3. APPROVAL OF MINUTES OF THE SPECIAL AND REGULAR COUNCIL MEETINGS OF AUGUST 26, 2025 - Approved
4. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ADDENDUM NO. 2 TO THE NONEXCLUSIVE LICENSE AGREEMENT BETWEEN FRESNO STREET EATS AND THE CITY OF REEDLEY TO OFFER RECURRING FOOD TRUCK EVENTS WITHIN THE CITY OF REEDLEY-Approved
ADMINISTRATIVE BUSINESS
5. INTRODUCTION OF ORDINANCE 2025-003 AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 2 OF TITLE 4 OF THE REEDLEY MUNICIPAL CODE
CONCERNING UNLAWFUL DUMPING OF GARBAGE ON PUBLIC OR PRIVATE PROPERTY Community Development Director Rodney Horton explained that unlawful dumping is a health and safety hazard for the public. The proposed ordinance provides a tool for code enforcement to discourage individuals from unlawfully dumping waste within the public right of way and on public property.
REEDLEY CITY COUNCIL MEETING- September 9, 2025
Council Member Fast motioned and Council Member Crutchfield seconded to accept and approve the INTRODUCTION OF ORDINANCE 2025-003 AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 2 OF TITLE 4 OF THE REEDLEY MUNICIPAL CODE
CONCERNING UNLAWFUL DUMPING OF GARBAGE ON PUBLIC OR PRIVATE PROPERTY Motion unanimously carried.
WORKSHOP
6. RETIREE MEDICAL BENEFIT WORKSHOP
Assistant City Manager Paul Melikian provided a presentation on the retiree medical benefits.
7. CITY HALL CONCEPTUAL DESIGN WORKSHOP
Assistant City Manager Paul Melikian discussed the history of the city hall and police buildings and shared future plans for the two locations.
RECEIVE INFORMATION & REPORTS
These items are formal transmittals of information to the Reedley City Council They are not voted upon by the Reedley City Council.
Members of the public who have questions on these items are suggested to call City staff members during regular business hours.
8. REEDLEY AIRPORT COMMISSION MINUTES OF REGULAR MEETING OF MAY 15, 2025
9. REEDLEY COMMUNITY SERVICES COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 22,2024
10. REEDLEY'S RIVER CITY THEATRE COMPANY, PROFIT & LOSS STATEMENT FOR THE PERIOD OF MAY - AUGUST 2025
COUNCIL REPORTS
11. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Friesen
• Shared about new Reedley Library groundbreaking ceremony he attended Council Member Arriaga
• Also discussed the new Reedley Library ground breaking event he attended • Shared about the Faith House open house he attended
• Council Member Arriaga made 3 separate motions for stop signs to be considered at 10th IC one at 15th/E and Buttonwillow and Duff. This motion was seconded by Mayor Tuttle and will be reviewed by staff Council Member Fast
• Mentioned about the Reedley Library groundbreaking cutting she attended • Discussed the Faith House Open House event she also attended Mayor Tuttle
• Discussed the Library groundbreaking he attended
• Shared about the Council of Government meeting he attended and provided a brief update • Thanked the police department for their hard work last weekend
STAFF REPORTS
UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
City Manager Nicole Zieba:
• Shared a thank you card that was received
• Mentioned Fresno County District Attorney's annual report 2 REEDLEY CITY COUNCIL MEETING - September 9, 2025
Public Works Director Russ Robertson:
• Shared about upcoming slurry seal project which would result in road closures
ADJOURNMENT
Mayor Tuttle adjourned the regular meeting at 9: 11 p.m.
ATTEST:
Ruthie Greenwood, City Clerk
Mayor Matthew Tuttle
3 DATE: September 23, 2025
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ? ----
TITLE: ADOPT ORDINANCE NO. 2025-003, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 2 OF TITLE 4
OF THE REEDLEY MUNICIPAL CODE CONCERNING UNLAWFUL
DUMPING OF GARBAGE ON PUBLIC OR PRIVATE PROPERTY
SUBMITTED: Rodney L. Horton
Community Development D-t~ctor
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Staff recommends that the City Council hold the Second Reading and Adopt Ordinance No. 2025-003, an Ordinance of the City Council of the City of Reedley amending Chapter 2 of Title 4 of the Reedley Municipal Code concerning unlawful dumping of garbage on public or private property.
BACKGROUND
On September 9, 2025, City Council unanimously approved Introduction and First Reading of Ordinance No. 2025-003. Ordinance No. 2025-003 prohibits unlawful dumping within the public right-of-way and on private property. Unlawful dumping goes beyond neighborhood deterioration; it is also a health and safety hazard for the public. The proposed ordinance provides a tool for code enforcement to use to discourage individuals from unlawfully dumping waste within the public right-of-way and or private property. Ordinance No. 2025-003 amends Section 4-2-2 to provide definitions for the following terms: blight, garbage, and unlawful dumping.
The existing language within Section 4-2-5 of the Municipal Code limits the City's ability to properly enforce on someone that is illegally dumping . Currently, the penalty for unlawful dumping starts at $50. The current penalty amount is low enough that it would not discourage someone from repeatedly dumping on public and or private property. The new ordinance penalty for violations result in an immediate $1 ,000 administrative citation for the first violation and any subsequent violations. Lastly, the proposed ordinance also allows the City to hold the owner of the vehicle and or trailer liable and responsible for penalties associated with illegal
dumping of garbage, regardless of whether that person was the one who illegally dumped garbage.
FISCAL IMPACT
There is no negative fiscal impact to the City.
ATTACHMENTS
1. Ordinance 2025-003
ORDINANCE NO. 2025-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 2 OF TITLE 4 OF THE REEDLEY MUNICIPAL CODE CONCERNING UNLAWFUL DUMPING OF GARBAGE ON PUBLIC OR PRIVATE PROPERTY.
The City Council of the City of Reedley does hereby ordain as follows:
Section 1.
Section 4-2-2 of the Reedley Municipal Code is hereby amended to add the following definitions:
BLIGHT: The dilapidated condition of a specific property or group of properties that is visible from the public street(s) and or public 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.
GARBAGE: Meaning litter, refuse, waste, rubbish, landscaping materials and or cuttings, solid market waste, industrial waste, animal waste, combustible and noncombustible waste, and any other material which, if thrown, deposited or allowed to accumulate as herein prohibited, tends to create a danger to public health, safety and welfare, and which is not within an approved receptacle provided thereof.
UNLAWFUL DUMPING: The disposal of any waste, such as furniture, appliances, oil, landscaping materials and or cuttings, trash, litter, machinery, household goods, vehicles, car parts, or any other items, upon any public property or private property, without consent of the owner.
Section 2.
Section 4-2-5 of the Reedley Municipal Code is hereby amended to read as follows:
4-2-5: GARBAGE/RUBBISH CONTAINERS:
A. Garbage Containers: The leaving of any garbage, rubbish, recyclable, or green waste container in the street is prohibited, except during the times necessary for collection, pursuant to the standards prescribed in the Reedley Municipal Code.
B. Unlawful Dumping:
1. Public right-of-way. No person shall place, or cause to be placed, upon any public way, street, or sidewalk, any garbage or filth which is hazardous to public health or safety or which obstructs the free passage of such street or sidewalk for more than one hour at a time, except as may be permitted by the Reedley Municipal Code
2. Private property. No person in control of any lot or parcel of land within the City, whether such person is the owner, agent, authorized representative, or tenant, shall maintain, permit, or allow any garbage or filth which is hazardous to public health or safety to exist on such premises. Garbage shall be placed in approved containers.
3. No person shall throw or deposit, or cause to be thrown or deposited, any material, garbage, rubbish, or inoperable vehicles in or upon any vacant lot, street, private property, alley, gutter, highway, park, or other public place.
4. No person shall keep, or permit to keep, any material, garbage, rubbish, or inoperable vehicles except in the manner prescribed by the Reedley Municipal Code.
5. It shall be unlawful for any person to deposit garbage or rubbish into any container belonging to or being paid for by another person.
6. To the extent permitted by law, a vehicle owner and/or trailer owner is liable and responsible for illegal dumping of garbage in violation of this section when the owner's vehicle and/or trailer is used for illegal dumping. i. If the owner(s) of the vehicle is different from the owner(s) of the trailer, both the trailer owner(s) and the vehicle owner(s) shall be responsible for any penalties for violating this section.
7. Penalties for violation. In addition to any other remedy or enforcement mechanism, any person who violates this section shall be guilty of a misdemeanor and may be assessed an administrative citation in an amount not to exceed one thousand and no/1 00ths dollars ($1,000.00) for the first violation and any violations thereafter.
SECTION 3.
This Ordinance shall take effect thirty (30) days from the date of its adoption .
SECTION 4.
The City Clerk is directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Reedley, within fifteen (15) days after its adoption . If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted . The summary shall be approved by the City Attorney. ///
Ill
ATTEST:
I hereby certify that the foregoing Ordinance No. 2025-003 was introduced and g iven first reading at a regular meeting of the City Council of the City of Reedley held on September 9,
Ordinance No. 2025-003
2025, and was thereafter duly adopted at a regular meeting of said City Council held on September 23, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ruthie Greenwood, City Clerk
City of Reedley
Ordinance No. 2025-003
Matthew Tuttle, Mayor
City of Reedley
DATE: September 23, 2025
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 3 ----
TITLE: ADOPT BUDGET AMENDMENT RESOLUTION NO. 2025-072 AMENDING THE CITY OF REEDLEY 2025-2026 BUDGET APPROPRIATING
AVAILABLE FUNDING IN THE AMOUNT OF $136,479 FOR THE REEDLEY
MUNICIPAL AIRPORT AV( ON FUEL FACILITY REPLACEMENT
PROJECT DESIGN
SUBMITTED: Sarah Reid '\
Community Services Dir :lib
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Adopt Budget Amendment Resolution NO. 2025-072 amending the City of Reedley 2025-2026 Budget appropriating available funding in the amount of $136,479 for the Reedley Municipal Airport Aviation Fuel Facility Replacement Project Design.
EXECUTIVE SUMMARY
The City of Reedley received a Grant Agreement from the Federal Aviation Administration (FAA) in early September in the amount of $136,479. This funding is designated for the design of the Aviation Fuel Facility Replacement Project at the Reedley Municipal Airport. With the grant now executed, staff can move forward immediately to initiate the project.
This project was not included in the City of Reedley 2025-2026 Adopted Budget. Now that funding has been secured through the FAA Grant Agreement, staff is requesting adoption of Budget Amendment No. 2025-072 in the amount of $136,479.
The City of Reedley maintains an agreement with C&S Companies to provide engineering services for projects at the Reedley Municipal Airport. The proposed scope of work from C&S Companies represents the primary expense for this project, totaling $132,211. Once project funding is appropriated with the City of Reedley, the next step will be to submit a purchase requisition to cover this engineering cost to C&S Companies.
FISCAL IMPACT
The Grant Agreement commits the FAA for funding 95% of approved project with the local match (City) being responsible for 5% of the approved project cost. City is entitled to be reimbursed for administrative time, not to exceed two percent of the project cost which reduces the actual City match. All matches and staff expenses are covered by the Airport Enterprise Account, not the General Fund.
Design Project FAA Portion Citv Portion Admin
Reimbursement
Aviation Fuel Facility $136,479 $6,824 $2,730
Replacement
COMMITTEE/COMMISSION REVIEW/ACTIONS
At the September 19, 2024 regular Airport Commission meeting , it was recommended the City Council approval to submit a preapplication for the design of the Aviation Fuel Facility Replacement Project.
At the October 22, 2024 regular City Council meeting, Resolution No. 2024-080 was approved authorizing City Manager to execute and submit a fiscal year 2025 Airport Improvement Program (AIP) Grant Application to the FAA for design of the Aviation Fuel Facility Replacement Project.
ATTACHMENTS
Budget Amendment Resolution No. 2025-072
BUDGET AMENDMENT
RESOLUTION 2025-072
The City Council of the City of Reedley does hereby amend the 2025-2026 Budget as follows:
SECTION I - ADDITIONS
Account Number Account Description Amount
041-4730.6734 Above Ground Fuel Tank Design FAA $ 129,655 041-4730.6736 Above Ground Fuel Tank Design City (Match) $ 6,824 Total $ 136,479
Purpose: Staff is requesting appropriations for a grant received from the Federal Aviation Administration (FAA) for the design of the Aviation Fuel Facility Replacement project. This project is listed on the Airport Capital Improvement Project list for Fiscal Year 2025-26.
SECTION II - SOURCE OF FUNDING
Account Number
041-3922
041 -2710
Total
Account Description
Above Ground Fuel Tank Design FAA Share $
Airport Enterprise Unallocated Fund Balance $
$
Amount
129,655
6,824
136,479
Impact: FAA funds 95% of approved projects with the local match (City) being responsible for 5% of the approved project cost. City is entitled to be reimbursed for administrative time, not to exceed two percent of the project cost which reduces the actual City match. All matches and staff expenses are covered by the Airport Enterprise fund balance.
REVIEWED: RECOMMENDED:
~~ ,/17/i~
Assistant City Manager {k g.~
The foregoing resolution was approved by the City Council of the City of Reedley on September 23, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN : APPROVED:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
DATE:
TITLE:
PREPARED:
SUBMITTED:
· APPROVED:
REEDLEY CITY COUNCIL
D Consent
~ Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: _4-
__
September 23, 2025
CONSIDER THE FOLLOWING ITEMS (A) AND (8) FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO. 24571, RUPERT AND CHURCH RECONSTRUCTION FROM DINUBA AVENUE TO CURTIS AVENUE:
(A) ADOPT RESOLUTION NO. 2025-067 AMENDING THE FISCAL YEAR 2025- 2026 BUDGET TO APPROPRIATE AVAILABLE FUNDS IN THE AMOUNT OF $543,572 FOR CDBG PROJECT NO. 24571, RUPERT AND CHURCH
RECONSTRUCTION
(8) ADOPT BUDGET RESOLUTION NO. 2025-068 AWARDING A
CONSTRUCTION CONTRACT TO DON BERRY CONSTRUCTION, INC.
FOR CDBG PROJECT NO. 24571 RUPERT AND CHURCH
RECONSTRUCTION
Paola Ramirez p/ Engineering Assistant f'....
Marilu S. Morales, P.E., \ , \
City Engineer .J->JJ'
Nicole R. Zieba ~"-- ./"
City Manager V r
RECOMMENDATION
Staff recommends that the City Council take the following actions:
(A) Adopt Budget Resolution No. 2025-067 amending the fiscal year 2025-2026 budget to appropriate available funds in the amount of $543,572 for CDBG Project No. 24571 , Rupert and Church Reconstruction from Dinuba Avenue to Curtis Avenue (Project). (B) Adopt Resolution No. 2025-068, awarding a construction contract to Don Berry Construction, Inc. for CDBG Project No. 24571 Rupert and Church Reconstruction .
EXECUTIVE SUMMARY
Staff is requesting that the City Council adopt Budget Resolution No. 2025-067 in the amount of $543,572 to fully fund construction, construction management, materials testing, construction staking and contingencies to complete the Project. The Project will be funded by CDBG and Measure C Flexible funds .
The Project is located on Rupert and Church Avenues between Curtis Avenue and Dinuba Avenue and includes the following major construction items: roadway reconstruction, curb and gutter reconstruction, installation of ADA compliant curb ramps, driveway reconstruction, sidewalk installation, pavement delineation and minor storm drain items.
In conjunction with the requested budget amendment, Staff is requesting that Council adopt Resolution No. 2025-068 awarding the Project to Don Berry Construction, Inc. in the amount of $422,355 and authorize the City Manager to execute the Public Improvement Agreement for the Project. Execution of the Agreement is subject to the submittal of the necessary bonds, insurance certificates and other necessary documents as required by the specifications, special provisions for this project and State law.
Staff is also requesting that a contingency of 10% or $42,236 be included in the Council action to cover any unforeseen incidentals.
BACKGROUND
The City of Reedley and County of Fresno entered into Agreement No. 24-495 for the Project on September 10, 2024. The scope of work for the Project includes, in general, roadway reconstruction, replacing non-ADA compliant curb ramps, driveway reconstruction, and sidewalk installation.
On August 19, 2025, a Notice to Bidders for the Project was advertised in The Sentinel, the City website and on local builders' exchanges for a period of approximately two (2) weeks. During the bidding period, eight (8) contractors requested bid documents from the City for the Project. One (1) addendum was issued during the project bidding period for the mandatory 10-day federal wage check as required for Davis-Bacon Act prevailing wage compliance.
On September 4, 2025, City staff conducted the bid opening for this project where seven (7) bids were received, opened, and read aloud. The bids received for the total Base Bid ranged from $422,355 to $639,044 as shown in the attached Bid Tabulation. The engineer's estimate of probable cost for the Base Bid was $542,585.
PRIOR COUNCIL ACTIONS
On July 23, 2024, the City Council adopted Resolution No. 2024-055 granting authority to the City Manager or her designee to execute an Agreement with the County of Fresno for CDBG Project No. 24571 Rupert and Church Reconstruction.
FISCAL IMPACT
The total authorization request for the construction contract is $422,355.00 with an additional contingency amount of $42,236 for a total of $464,591. There is no impact to the General Fund as the project is funded with CDBG and Measure C Flexible funds. The total budget for the Project construction is approximately $543,572 which includes the cost of construction, staff time for construction management and inspections, construction staking, and materials testing.
ATTACHMENTS
1. Budget Resolution No. 2025-067
2. Resolution No.2025-068
3. Bid Tabulation
BUDGET AMENDMENT
RESOLUTION 2025-067
The City Council of the City of Reedley does hereby amend the 2025-2026 Budget as follows:
SECTION I - ADDITIONS
Account Number
024-4460.6251
014-4441.6251
Total
Account Description
CDBG 24571 Rupert & Church
CDBG 24571 Rupert & Church
Amount
$ 398,342
$ 145,230
$ 543,572
Purpose: Construction, construction management, materials testing, construction staking and contingency costs for CDBG Project No. 24571 Rupert and Church Reconstruction from Dinuba Avenue to Curtis Avenue
SECTION II - SOURCE OF FUNDING
Account Number
024-3874
014-3143
Total
Account Description
CDBG 24571 Rupert & Church
Measure C Flexible Fund Balance
Amount
$ 398,342
$ 145,230
$ 543,572
Impact: Sufficient funds in CDBG grant funding and Measure C Flexible fund for the construction costs for CDBG Project No. 24571 Rupert and Church Reconstruction from Dinuba Avenue to Curtis Avenu REVIEWED:
~~ 9/N,/25
Assistant City Manager City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on September 23, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
RESOLUTION NO. 2025-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
AWARDING A CONSTRUCTION CONTRACT TO DON BERRY
CONSTRUCTION, INC. FOR CDBG PROJECT NO. 24571, RUPERT AND
CHURCH RECONSTRUCTION FROM DINUBA AVENUE TO CURTIS AVENUE WHEREAS, the City of Reedley iss~ed a Notice to Bidders for CDBG Project No. 24571 Rupert and Church Reconstruction from Dinuba Avenue to Curtis Avenue; and WHEREAS, the City received, opened, and read aloud seven (7) bids which the total Base Bid ranged from $422,355 to $639,044; and
WHEREAS, the lowest, most responsive and responsible bid was submitted by Don Berry Construction, Inc.; and
WHEREAS, the City Council, using their independent judgment desires to award a construction contract for the lowest responsible responsive bid for total Base Bid in the amount of $422,355.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reedley, using their independent judgment, hereby approves Resolution No. 2025-068 based on the following:
1. The above recitals are true and correct; and
2. That the contract for the CDBG Project No. 24571 Rupert and Church Reconstruction from Dinuba Avenue to Curtis Avenue is awarded to Don Berry Construction, Inc. for the unit and lump sum prices as bid, the total amount of the contract being $422,355.
3. That the City Manager is authorized and directed to promptly execute the contract for the subject work with Don Berry Construction, Inc. subject to the submittal of the necessary bonds, insurance certificates and other necessary documents required by the specifications and special provisions for this project, all for the approval by and to the satisfaction of the City Engineer and the City Attorney.
4. The City Manager or her designee, is hereby authorized to execute contract change orders to the contract for this project and shall not exceed 10% of the Base Bid or $42,236 without prior approval of this City Council.
5. The construction budget for this project, which includes the construction contract and contingency costs, shall not exceed approximately $464,591.
6. This resolution is effective immediately upon adoption.
This forgoing resolution is hereby approved at a regular meeting of the City Council of the City of Reedley held on the 23rd day of September 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
RESOLUTION NO. 2025-068
Engineer's Estimate
Item No. I Description I Qty. Unit Unit Cost Total
BASE BIO
t MOOilization 1 LS $ 30,000.00 $ 30,000.00
2 Insurance and Bonds 1 LS $ 5,000.00 $ 5,000.00
3 Provide and Maintain Traffic Control 1 LS $ 15,000.00 $ 15,000.00 4 Dusl Control and BMP Compliance 1 LS $ 2,500.00 $ 2,500.00 5 Clearing and Gnlling 1 LS $ 2,000.00 $ 2,000.00
6 R~ay Excavation aro Grading (F) 921 CY $ 70.00 $ 64,470.00 7 Hot Mix Asphalt Concrete, Type A 724 HJ $ 115.00 $ 83,260.00 8 Aggregate Base. Class 2 1,250 TN $ 65.00 s 81,250.00
9 Sawcuff.ing 802 LF $ 2.00 s 1,604.00
10 Concrete Removal and Disposal (F) 155 CY $ 180.00 $ 27,900.00 t1 12' Racius Curb Return 2 EA $ 3,500.00 $ 7,000.00
12 Concrete Curb Ramp- Two Way Crossing 6 EA $ 5,000.00 $ 30,000.00 13 Curb and Gutter 1,398 LF $ 60.00 $ 83,880.00
14 Mocllfied Curb and Gutter 10 LF $ 60.00 $ 600.00
15 Concrete Sidewalk 5,313 SF $ 12.00 $ 63,756.00
16 Alley Driveway Approach 131 SF $ 25.00 $ 3,275.00
t7 Residential Dri11eway Approach 2,159 SF $ 10.00 $ 21,590.00 18 Pavement Delineation and Signage 1 LS $ 3,500.00 $ 3,500.00 19 Reset SlofTTI Drain Inlet Frame 3 EA $ 2,000.00 $ 6,000.00 20 24'x40" ADA COITl)liant Traffic Rated Area Grate 2 EA $ 500.00 $ 1,000.00 21 Adjust Water Valve Frame and Cover lo Grade 4 ES $ 1,000.00 $ 4,000.00 22 Miscellaneous Facilities and Operations 1 LS $ 5,000.00 $ 5,000.00 Total for BASE BID: s 542,585.00
Subcontractors Concrete
Pavement Delineation & Signage
Traffic Control
Asphalt Grinding
Exhibit A
CDBG 24571 Rupert And Church Reconstruction
Bid Tabulation
Don Berry Construction Terra West Construction
UnitCost I Total Unit Cost Total
$ 25,000.00 $ 25,000.00 $ t0,000.00 $ t0,000.00
$ 4,300.00 $ 4,300.00 $ 5,000.00 $ 5,000.00
$ 12,000.00 $ 12,000.00 $ 24,000.00 $ 24,000.00
$ 1,000.00 $ 1,000.00 $ 500.00 $ 500.00
$ t0,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00
$ 22.50 $ 20,722.50 $ 60.00 $ 55,260.00
$ tt2.00 $ 81,088.00 $ t t0.00 $ 79,640.00
$ 45.00 $ 56,250.00 $ 48.00 $ 60,000.00
$ 1.00 $ 802.00 $ 2.00 $ 1,604.00
$ 150.00 s 23,250.00 $ 300.00 $ 46,500.00
$ 4,600.00 $ 9,200.00 $ 4,000.00 $ 8,000.00
$ 3,400.00 $ 20,400.00 $ 2,700.00 $ 16,200.00
$ 35.00 s 48,930.00 $ 40.00 $ 55,920.00
$ 74.00 $ 740.00 $ 80.00 $ 800.00
$ 9.50 $ 50,473.50 $ 9.00 $ 47,817.00
s 16.50 $ 2,161.50 $ 17.00 $ 2,227.00
s 12.50 $ 26,987.50 $ 14.00 $ 30,226.00
$ 7,200.00 $ 7,200.00 $ 7,000.00 $ 7,000.00
$ 1,250.00 $ 3,750.00 $ 3,100.00 $ 9,300.00
$ 4,300.00 $ 8,600.00 $ 800.00 $ 1,600.00
$ 1,250.00 $ 5,000.00 $ 1,200.00 $ 4,800.00
$ 4,500.00 $ 4,500.00 $ 2,000.00 $ 2,000.00
$ 422,355.00 $ 478,394.00
Fresno Concrete Consl Inc. Fresno Concrete Const Inc.
Central Valley Striping Central Valley Striping
Safety Network Inc.
$
$
s
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Avison Construction RJ Berry Jr Inc. Mac General Engineering Unit Cost Total UnitCost I Total UnitCost I Total
25,000.00 $ 25,000.00 $ 18,500.00 $ 18,500.00 $ 40,000.00 $ 40,000.00 5,000.00 $ 5,000.00 $ 5,200.00 $ 5,200.00 $ 3,312.10 $ 3,312.10 5,000.00 $ 5,000.00 $ 10,000.00 $ t0,000.00 $ 5,218.50 $ 5,218.50 1,000.00 $ 1,000.00 $ 4,000.00 $ 4,000.00 $ 1,656.00 $ 1,656.00 5,000.00 $ 5,000.00 $ t0,000.00 $ 10,000.00 $ t0, t88.50 $ t0,188.50
55.00 $ 50,655.00 $ 50.00 $ 46,050.00 $ 29.60 $ 27,261.60 140.00 $ 101,360.00 $ 110.00 $ 79,640.00 $ 127.80 $ 92,527.20
45.00 $ 56,250.00 $ 45.00 $ 56,250.00 $ 43.50 $ 54,375.00
3.00 $ 2,406.00 $ 3.00 $ 2,406.00 $ 2.20 $ 1,764.40
250.00 $ 38,750.00 $ 175.00 $ 27,125.00 $ 540.40 $ 83,762.00 2,500.00 $ 5,000.00 $ 5,200.00 $ 10,400.00 $ 4,033.60 $ 8,067.20 3,000.00 $ 18,000.00 $ 3,800.00 $ 22,800.00 $ 4,046.90 $ 24,281.40
47.00 $ 65,706.00 $ 47.00 $ 65,706.00 s 48.70 $ 68,082.60 100.00 $ 1,000.00 $ 85.00 $ 850.00 $ 162.40 $ 1,624.00
12.00 $ 63.756.00 $ 15.00 $ 79,695.00 $ 8.70 $ 46,223.10
20.00 $ 2,620.00 $ 22.00 $ 2,882.00 $ 32.10 $ 4,205.10
15.00 $ 32,385.00 $ 18.00 $ 38,862.00 $ 14.10 $ 30,441.90 5,000.00 $ 5,000.00 $ 7,000.00 $ 7,000.00 $ 7,562.10 $ 7,562.10 5,000.00 $ 15,000.00 $ 3,800.00 $ 11,400.00 $ 2,428.70 $ 7,286.10 3,000.00 $ 6,000.00 $ 1,200.00 $ 2,400.00 $ 5,087.10 $ 10,174.20 1,200.00 $ 4,800.00 $ 1,000.00 $ 4,000.00 $ 1,618.20 $ 6,472.80 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 7,487.80 $ 7,487.80 $ 514,688.00 $ 520,166.00 $ 541,973.60
Fresno Concrete Const. Inc. Cen-Cal Construction
Fresno Seal & Str1,)e Central Valley Striping Central Valley Striping Dave Christian Construction
Unit Cost Total
$ 17,020.00 $ 17,020.00
$ 8,932.00 $ 8,932.00
s 23,830.00 $ 23,830.00
$ 4,220.50 $ 4,220.50
$ 5,612.00 $ 5,612.00
$ 65.75 $ 60,555.75
$ 115.00 $ 83,260.00
s 49.50 $ 61 ,875.00
$ 7.50 $ 6,015.00
$ 324.00 $ 50,220.00
$ 4,949.00 $ 9,898.00
$ 3,684.00 $ 22,104.00
$ 46.75 $ 65,356.50
$ 116.00 $ 1,160.00
$ 11.50 $ 61,099.50
$ 27.00 $ 3,537.00
$ 22.00 $ 47,498.00
$ 8,874.00 $ 8,874.00
$ 5,500.00 $ 16,500.00
$ 2,750.00 $ 5,500.00
$ 1,161.50 $ 4,646.00
$ 10,281.00 $ 10,281.00
$ m,994.25
Fresno Concrete Const Inc.
T &T Pa11ement Martings
Pavement Recycfing Systems Inc.
Prepared By: A.Barajas
Checked By: P.Ramirez
Approved By: M. Morales
Date: 9/5/2025
Cal Valley Construction
Unit Cost Total
$ 62,000.00 $ 62,000.00
$ 1,500.00 $ 1,500.00
$ 32,000.00 $ 32,000.00
$ 1,800.00 $ 1,800.00
$ 152,000.00 $ 152,000.00
$ 60.00 $ 55,260.00
s 118.00 $ 85,432.00
s 43.00 $ 53,750.00
$ 2.50 $ 2,005.00
s 200.00 $ 31,000.00
$ 3,600.00 $ 7,200.00
$ 2,450.00 $ 14.700.00
$ 32.00 $ 44,736.00
$ 70.00 $ 700.00
$ 6.00 $ 31,878.00
$ 14.00 $ 1,834.00
$ 11.00 $ 23,749.00
$ 8,700.00 $ 8,700.00
$ 4,400.00 $ 13,200.00
$ 2,300.00 $ 4,600.00
$ 1,500.00 $ 6,000.00
$ 5,000.00 $ 5,000.00
s 639,044.00
Fresno Concrete Const Inc.
T & T Pavement Markings
DATE:
TITLE:
PREPARED:
SUBMITTED:
APPROVED:
September 23, 2025
REEDLEY CITY COUNCIL
D Consent
[8l Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 5 ----
ADOPT RESOLUTION NO. 2025-069 APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PURCHASE AGREEMENTS AND SIGN THE
GRANT DEEDS ON BEHALF OF THE CITY OF REEDLEY TO ACCEPT STREET
RIGHT OF WAY AND/OR TEMPORARY CONSTRUCTION EASEMENTS FROM
TWO PROPERTY OWNERS RELATED TO THE JEFFERSON ELEMENTARY
SAFE ROUTES TO SCHOOL PROJECT
Paola Ramirez fA.:1
Engineering Assistant r 'L
Marilu S. Morales, P.E. \ >. M
City Engineer JV"
Nicole R. Zieba /JL,.__-----
City Manager f ,
RECOMMENDATION
Staff recommends that the City Council of the City of Reedley adopt Resolution No. 2025-069 approving and authorizing the City Manager to execute the purchase agreements and sign the grant deeds on behalf of the City of Reedley to accept street right of way and/or temporary construction easements from two property owners related to the Jefferson Elementary Safe Routes to School Project.
EXECUTIVE SUMMARY
The Jefferson Elementary Safe Routes to School Project (Project) is scheduled to begin construction in the spring/summer of 2026. The project will install sidewalks and curb ramps along Jefferson, Washington, Lincoln, Columbia and Sunset Avenues where there is currently no sidewalks or curb ramps. There will also be installation of alley approaches and replacement of some driveway approaches. The project fronts a total of one hundred nine properties. Of those properties, fifteen require the acquisition of right of way (ROW) and thirteen require temporary construction easements (TCE).
The City contracted with a consultant, Bender Rosenthal Inc., for appraisal and negotiation purposes.
Bender Rosenthal has met and negotiated with the property owners, and five of them have agreed to a total compensation equal to $2,300 for ROW to be dedicated for street purposes for the installation of curb ramps as well as TCEs during construction. There are four additional properties that are being negotiated with that staff expects to bring to a future council meeting.
BACKGROUND
The City of Reedley received an active transportation program grant for the Jefferson Elementary Safe Routes to School project that includes Lincoln Avenue from East to Pecan Avenues, Washington and Jefferson Avenues from East to Columbia Avenues and Sunset and Columbia Avenue from Dinuba to Duff Avenues. The project is scheduled to begin construction in the spring/summer of 2026, pending acquisition of ROW and funding authorization from Caltrans, and is anticipated to be completed by winter of 2026.
The project will install sidewalk, curb ramps, alley approaches and minor driveway approaches to remove access barriers and improve student and pedestrian safety adjacent to Jefferson Elementary school. In order to construct the curb ramps , it is necessary to obtain ROW for street purposes from fifteen property owners and TCEs from thirteen property owners.
The City hired right of way consultant Bender Rosenthal, Inc., to appraise the required ROW and TC Es and negotiate a reimbursement fee with the property owners.
The property information, amount of required ROW, amount of required TCE and appraised fee is shown below:
Project APN of Subject Address Amount Amount of Appraised fee Parcel No. Property of ROW TCE 1 370-194-20 708 E Washington 60.5 SF 55.8 SF $1 ,050.00 2 370-201-10 682 E Lincoln 60.5 SF 55.6 SF $1,250.00
The two property owners have agreed to the offered purchase prices listed above. The owners have signed the purchase agreements, grant deeds and/or TCEs. Staff is requesting that the City Council grant authority to the City Manager to sign all required documents, execute the agreements, and disburse to the property owners the amounts agreed to in the purchase agreements. Staff will then work with Bender Rosenthal, Inc. to record all necessary documents with the County of Fresno Recorders office and update all City maps to show the newly acquired street right of way.
Staff expects to bring the four remaining properties that are in negotiations to Council at a future council meeting.
FISCAL IMPACT
The agreed to amounts shown in the purchase agreement and Bender Rosenthal's fee for performing their work are eligible fully for reimbursement from state aid funds for this project.
ATTACHMENT
1. Resolution No. 2025-069
2. Appendix A-APN 370-194-20 Purchase Agreement and Grant Deeds
3. Appendix B -APN 370-201-10Purchase Agreement and Grant Deeds
RESOLUTION NO. 2025-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENTS AND SIGN
THE GRANT DEEDS ON BEHALF OF THE CITY OF REEDLEY TO ACCEPT STREET RIGHT OF
WAY FROM TWO PROPERTY OWNERS AND TEMPORARY CONSTRUCTION EASEMENTS
FROM TWO PROPERTY OWNERS RELATED TO THE JEFFERSON ELEMENTARY SAFE
ROUTES TO SCHOOL PROJECT
WHEREAS, the City of Reedley has received federal aid funds for improvements for the Jefferson Safe Routes to School (Project); and
WHEREAS, the proposed Project includes acquiring right of way for the installation of curb ramps along the frontage of two parcels; and
WHEREAS, the Project is necessary to accommodate improvements to Lincoln Ave, Washington Ave, Jefferson Ave, Sunset Ave, and Columbia Ave, and
WHEREAS, the City contract surveyor prepared the necessary grant deeds defining the required areas; and WHEREAS, as required by the federal aid guidelines, the City of Reedley hired a right of way consultant to appraise the required areas shown in the grant deeds and begin negotiations with the property owners; and WHEREAS, the consultant has obtained agreements from the property owners and obtained signed purchase agreements and grant deeds.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Reedley, using their independent judgment, approves Resolution No. 2025-069 based on the following:
1. That the above recitals are true and correct.
2. This resolution is effective immediately upon adoption.
This foregoing resolution is hereby approved and adopted by the City Council of the City of Reedley on this 23rd day of September 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: Matthew Tuttle, Mayor
Ruthie Greenwood, City Clerk
APPENDIX A
PURCHASE AGREEMENT
Antonio Palma Garc ia & Patricia. Palm a
APN: 370-194-20
This Agreement for Purchase of Real Property is between the C ITY OF REEDLEY, a municipal corporation (''Grantee") and ANTONIO PALMA CARCIA (who previously took title as Antonio C. Palma) and PATRICIA PALMA, husband and wife, as joint tenants with right of survivorship ("Crantor") fo r acquisition of certain real property rights set foi-th herein for th e construction. operation and use of the Jefferson Safe Routes to School Project ("Project").
WHEREAS, the City of Reedley is in the process or acquiri ng the necessary real property and property rights for the Project, and has detem1ined th at po11ions of Grantor's property. identified as Assessor Parcel Number 370-J 94-20, commonly known as 708 E Washington A ven ue, Reedley, County of Fresno, State of California, are necessary for the construction and operation of th e Project. ln consideration of which, and the other considerations herei nafter set forth, it is mutually agreed as fol lows:
L i i\ ) The pa11i es have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for sa id document and shal l reli eve Grantee of al l further obl igati on or claims on this acco unt, or on account of th e use, locati on, grade, or construction of the proposed public improvement.
( P. ) The property to be conveyed pursuant to this Agreement is a Fee interest as described in th e Grant Deed attached hereto as Exhibit "A" (the "Property").
(, C' ) Grantee requ ires the Property for sidewalk improvement purposes, a public use for which Grantee has the authority to exe rcise the power or eminent domain . Grantor desires to se ll, and Grantee desires to purchase th e Pro perty .
(DJ Grantee also desires to obtain a Temporary Construction Easement ("TCE") from Grantor over a portion of Grantor's property as described in Exhibi t "B," to be used in connection with Grantor's constru ction of the sidewalk improvements, and Gran tor is willing to grant the TCE to Grantee upon the terms and conditions set fo11h in this Agreement. ,: G) Both Grantor and Grantee recogn ize th e expense, time, effort and risk to both parties in determinin g the compensation fo r the Property and TCE by eminent domain litigation. The compensation set forth herein for the Property and TCE is in compromise and settl ement, in lieu of such litigation.
t F) The pa11i es to this Agreement shall, pursuant to Section 2l.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requiremen t under Title VI and th e Code of Federal Regul ati ons is to complete the USDOT-Non-Discrimination Assurance requ iring compli ance with Title YI of' th e Civil Rights Act of 1964 , 49 C.F.R. Section 50.3 . (Cr ) No person in th e United States shall, on the grounds of race, color, or nationa l origi n, be excluded from participation in, be deni ed the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.
2. Purchase Price
U\) Grantee shal l pay th e undersigned Grantor the total sum of $1,050.00 (th e "Purchase Price") fo r th e Property and TCE, payment to be issued once the Property vests in City of Reedley. ·113 ·1 It is understood and agreed by and between th e pa rti es hereto that payment of th e Purchase Pri ce as provi ded in Clause 2(A) includes, but is not limited to: payment for th e fa ir market value of the Prope rty conveyed; payment fo r any and all damages incurred by Grantor, including, but not limited to, any and all damages whi ch may accru_e to Grantor's remaining property by re ason of its severance from the pro perty conveyed herein; and payment for the TCE granted by Grantor to Grantee.
Antonio Palm a Garcia & Patricia. Palma
APN: 370-1 94-20
fC I On or before thirty (30) days after the Effective Date (as defined in Section 17). Grantee sha ll pay the Pu rchase Pri ce, prov ided Grantee has not elected to terminate th is Agreement pursuant hereto in acco rd ance with its ri ght to term inate contai ned in this Agreement. l DI As additiona l consideration for the purchase or th e Property, the Grantee shall, at no expense to the Grantor, terminate and relocate any affected irrigation within the fee acqu isition a1·ea and terminate, relocate, or rei nstal I any affected irrigat ion with in th e TCE area. Gran tor hereby grants permission to Grantee an d/o r Grantee's au thorized agent to enter on the Prope11y where necessa ry to complete said wo rk . Grantor understands and agrees that after completion of said wo rk, any such improvements shall be considered Grantors' so le properly and Grantor will be solely responsible for any main tenance and repair.
3. Tem porary Construction Easement
The Temporary Constructi on Easement ("TCE") is needed fo r th e purposes of sidewal k co nstru cti on along the right-of-way. The TCE is fo r 3 years and shall become effec tive on October 1, 2025, and expire upon completi on of Proj ect construction but no later tha n September 30, 2028 . Restoration of the property shall occur o nly within the TCE area within th e property . Grantee shall restore th e TCE area to the conditi on th at ex isted prior to Grantee's Project construction, to the extent reasonably practical.
4. Conveyance of Title
Grantor agrees to convey by Grant Deed, in the form of Exhibit "A", to Grantee titl e to the Property and Grantee shall take titl e subj ect to all matters recorded and/or unrecord ed. These obligations sha ll surv ive the close of an intern al escrow.
5. C ity of Reedley's Conditions to Closing
The fol low ing are conditions precedent to Grantee's ob ligation to purchase the Property:
(A) The transactions co ntemplated here in shall have been approved by the Grantee, in its sole discretion. (B) Grantor shall have delivered the items described in Section 6 below on or before the Closin g. (C) Grantor du ly executes and acknowledges subordination agreements, if any; If any Conditi on Precedent is not satisfied, Grantee shall have the ri ght in its sole discreti on ei th er to wa ive, in writing, th e Conditi on Precedent in question and proceed with the purchase; or terminate th is Agreemen t by written notice to Grantor.
6. Grantor's Delivery of Docum ents
Gra ntor shal I deli ve r to Gran tee the fo llowing:
(A) Duly executed and acknowledged Grant Deed and Tempora1y Constru cti on Easement Deed; (B) Such resolutions, authorizations, or other partnership documen ts or agreements re lating to Grantor and its partners or affi li ates as Grantee may reasonably require, to demonstrate the authority or Gran tor to enter into this Agreement and consummate the transactions contemplated hereby, and such proof of the power and au thority of the in dividuals executing any documents or other instruments on behalf of Grantor to act fo r and bind Grantor; an d
(C) Certification of Trust, if any.
7. City of Reedley Delivery of Documents and Funds
Grantee shall deliver to Grantor th e following:
Anton io Palma Garcia & Patricia. Palma
APN: 370- 194-20
( ,'\) Acceptance of Grant Deed and Temporary Construction Easement Deed execu ted by Grantee:
and
1. ll f Payment of th e Purchase Price.
8. Immediate Possession and Use
lt is agreed and conlirn1ed by th e parties hereto th at, notwithstanding other prov1s1ons in this Agreement, the ri ght of possession and use of the Property by the Grantee, including the ri ght to remove and dispose of improvements and to construct roadway improvements, shall commence when Grantor receives payment and deeds are recorded. The amount shown in Clause 2(A) herein includes, but is not limited to, ful l payment for such immediate possession and use, including damages, if any , from said elate.
9. Grantor's Representations and Warranties
Grantor represents, warrants to, and covenants with Grantee as fo llows:
(A) Gran lor has received no notice that th ere are now, nor at the time of the Closin g will be, any material vio lations of any laws, rules, or regulations applicable to the Property. ([3) To the best of Grantor's knowledge, there are no easements or rights of way which have been acquired by prescription or which are otherwise not of record with respect to the Property.
There are no disputes with regard to the location of any fence or other monument of the Property's boundary nor any claims or actions involving the location of any fence or boundary.
(C) Gran tor is the legal and equitable owner of the Property, with fu ll right to convey the same, and without limiting the generality of the forego ing, Grantor has not granted any opti on, or right of first refusa l, or first opportunity to any third party to acqu ire any interest in any of the Property.
m:i Grantor hereby represents, warrants to, and covenants with Grantee th at the fol lowing statements are true and correct, and wi II be true and correct as of the Closing: (i) the Property is not in vi olation of any Environmental Laws; (i i) the Property is not now, nor to the best of Grantor's knowledge ever been, used in any manner fo r the manufacture, use, storage, discharge, deposit, transportation, or dispos al of any Hazardous Material; (iii) there has been no release and there is no threatened release of any Hazardous Material in , on, under, or about the Property; (iv) the Property does not consist of any landfill or contain any building materials th at contain Hazardous Material; and (v) the Property is not subject to any c laim by any governmental regu latory agency or third party relat ed to the release or threatened release of any Hazardous Materi al. As used herein, the fo llowing terms shall have the meanings below:
For purposes of this Agreement, "Hazardous Material" means any substance which is (i) defined as a hazardous waste, pollutant, or contaminant under any Environmental Law, (ii) a petroleum hydrocarbon, in cluding crude oil, or any fraction thereof, (iii) hazardous, toxic, corrosive, flammable, explosive, infectious, radioactive, carcinogen ic, or reproductive toxicant, (iv) regulated purs uant to any Environmental Law, or (v) any pesticide regu lated under State or Federal Law; and the term "Environmental Law" mean s each and every federa l, State and local law, stat ute , ordin ance, regu lation, rul e, judi cial or administrative orde r, or decree, perm it, li cense, approval, auth orization, or simi lar requ irement ofan agency or other government authority, pertaining to the protection of human healt h and safety or the environment.
3 Anton io Palma Garcia & Patricia. Palma
APN: 370-194-20
11,- ) Al the time or Closi ng the re will be no outstanding written or ornl contracts made by Grantor for any im provements that have no t been full y paid for and Grantor shall cause to be discharged all mechan ics' or materia lmen's li ens arising from any labor or materials furnished to the Property prior to the time of Closing. There are no obli gations in connection with the Property which wil l be binding upon Grnntee after Closing. (1>1 Grantor shall indemnify, defend, and hold harmless Grantee, its employees, offi cers, and agents, and their respective successors and assigns, from and against any and al l liabil ities, claims, demands, damages, li ens, costs, penalties, losses, and expenses, inc lud in g, without lim itation , reaso nabl e atto rn eys' and consul tants' fees, resu lti ng from the existence of Hazardous Materi al or mechanics or materialmen's liens on or at the Property or arising from any representation made by Grantor in this Agreement.
10. Grantor Indem nification
Grantee shall indemn ify, defend, and hold harmless Grantor, its employees, office rs, an d agents, and their respective successors and assigns, fro m and aga inst any and all li abi li ties, claims, dema nds, damages, li ens, costs, penalties, losses, and expenses, includi ng, without limitati on, reasonable attorneys' and consult ants' fees ca used by the acti vities allowed under this Agreement, but onl y to the extent caused by the ac ti ve negligence or wi ll ful miscondu ct of the Grantee and its agents, represent ati ves, employees, consultants, and/or contractors. Grantee agrees to ass um e responsibility fo r any damages to Grantor's remainder property caused by reason of Grantee's use of the Pro perty under this Agreement, and wil l, at Agency's option, either repai r or pay fo r such damage.
11. Non Liability of City of Reedl ey Officia ls, Em ployees, and Agents Notwithstand ing anyth ing to the contrary in this Ag reement, no City Coun cil Member, officer, employee, or agent o f Grantee shall be persona ll y li abl e to Grantor, its successors or assigns, in the event of any defa ult or breach by Grantee or fo r any amou nt which may become due to Grantor, its successors or assigns, or fo r any ob ligation of Grantee under this Agreement.
12. W arranty of Authority
Each person sign ing this Agreement on behalf of a parl)' represents and warl'ants that he or she has the fu ll ri ght, power, legal capacity, and authori ty to enter into this Agreement on behalf of the party, and that no funher app rovals or co nsents of any persons are necessary in conn ection with the execution of th is Agreement.
13. Successors and Assigns
It is understood and agreed that this Agreement inures to the benel1l of, and is bind ing upon , the parties, their respective he irs, personal rep1·esentatives, successors, adm inistrators, and/or assigns. 14 . A mendments
This Agreement may be amended or modified only by a written instrument executed by Grantee and Grantor.
15. Counterparts
Th is Agreement may be executed in two (2) or more counterpa11s, each or which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
16. Severability
Anton io Palma Garcia & Patricia. Palma
APN: 370-194-20
In th e event that any provision of th is Agreement should be held to be void, voidable, or unenforceable , th e remainin g portions shall remain in full fo rce and effect.
17. Effective Date
As used herein , the term "Effective Date" sha ll mean the date of the execution of this Agreement by both parties, or if exec uted separately the date on whi ch the Agreement is execut ed by the last party to execute this Agreement, as shown in the signatu re blocks lo this Agreement.
18. Governing Law, Ven ue, Attorneys' Fees
This Agreement shal l be governed by and construed in acco rdance with the laws of th e State of Californ ia. Any action regarding this Agreement sha ll be brought in the Superior Court of Fresno County, California. The prevailing party in any such action may recover its reasonable attorneys' fees as costs.
19. Specific Pe rformance
In add ition to any other remedy avail able at law, this Agreement may be enforced by speci fi c performance.
ALL AGREEMENTS FOR PURCHASE OF PROPERTY ARE CONTINGENT UPON THE RATIFICATION AND APPROVAL OF THE CITY OF REEDLEY.
Signature Page Follows
An tonio Palma Garcia & Patricia. Palma
APN: 370- 194-20
ln Witness Whereof, the Parties have executed this Agreement on the dates shown below:
GRANTOR: Anton io Palma Gat'cia (who prev iously took Li tl e as Anton io G. Palma) and Patric ia Palma, husband and wife, as joint tenants with right of survivorship Antonio Palma Garcia f'~
_() ~ia· _ ;?.dnu_ Pa~Palma
CITY OF REEDLEY
Nicole Zieba
City Manager
ATTEST:
Ruthie Greenwood
City Clerk
Date
Date
Date
Da le
EXHIBIT "A"
RECORDING RE QUESTED BY:
City of Reedley
WHEN RE CORO ED RETUR N TO:
City of Reecll&y - Engineenr19 Department
1733 I inti, Streei
Reedley, CA 93654
No Fee D0Cl1ment - per Government Code 27353
No Do curneni Tran~ter Tax - per R& T Code 1 ·1922
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Jefferson Safe Routes to Schools Project
A portion of APN 370-194-20
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby ac.~nowledged , ANTONIO PALMA GARCIA (who previously took title os Antonio G. Palma) AND PATRICIA PALMA, husband and wife, as joint tenants with right of survivor~hip, hereby GRANTS to the CITY OF REEDLEY, a municipal corporation, all of Grantor's right, title, and interest in and to that certain real property situated in the City of Reedley, the CoLrnty of Fresno, State of California. more particularly described on Exhibit "A" and more particularly depicted on Exhibit "B" attached hereto and made a part hereof.
IN WITNESS \'\,,HEREOF, the undersigned Gr·antor has executed this Grant Deed as of th is __ day of _ _______ , 202_
Antonio Palma Garcia
(Notary Acknowledgment AHai;hed)
Patrici3 Palma
(Notary Acknowted9ment Attached)
CERTIFICATE OF AC CEPTANCE
This is to certify th3t the interest in real property conveyed by the Grant Deed, d3ted ____ ____ , fron-1 Antonio P;:i,lm a G3rci3 (who previously took ti tle as Antonio(-;_ P;::ilrna } and Patricia Palma. husband and wife, 3S joint tenants with right of survivorship, to the City of Reed l:e y\ a munic ipal corporation , is hereby accepted by the undersigned officer or ;Jgent on beh;::., lf of the Crty of Reedley pursu;Jnt to authority conferred by Resolu tion No. ==-- adopted __________ by the City of Reedley City Coun cil and the f,r;::i ntee consents to recordation thereof by its duly authorized officer City of Reedley City Clerk
Da ted: _______ _ By: ___________ _
Ruthie Greenwood
EXHIBIT "A"
All that real property ~ituated in the State of California, Co~mty of Fresno, City of Rec>dlcy, lying w ithi n Section 26, Township 15 South, Rt3nge 23 East, Mount Diablo Base and Meridian, and being ;:i portion of lot 31 of East Side Homes, Tract No. 1329, Wed in Book 16 of Plats at Pap;e 40, Fresno County Records, more particularly described as follows:
BEGINNING at the Southwest Corner of said Lot 31; thence North 00"18'09'·· We!-it along the West Lin e of <.;aid Lot 31, a distance of J.l.00 feet; thence South 44°36'01" fast, a distance of
15.58 feet more or less to a point on the South Line of said Lot 31; thence North 89''30'12" West along said South Line, a distc1nce of 11.00 feet to the TRUE POINT OF BEGINNING.
Cont(1ining an approximJtc urea ot 60. 5 square feet.
Bearing~ shown h€reln are record or calculi'lted
From record as shown on Record of Survey filed
in Book 70., of Record of Surveys, Pages 90 thru 93 ,
Fresno County Records,
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CITY OF REEDLEY
ENGlt'-lEERll'\JG DEPARTME N T
1733 9th STREET, REEDLEY, u, 9.l654 - h- -i:. :~.::1·. S2,"7 .i:· ·•r 1 , i!:15 F'.lx 1:559)637-21:19
EXHIBIT 11B11
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BEARINGS SHOWN ON OR CALCULATED
Ff/OM l'([COfiD or SURI'['( f"IL!: O :N
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COUHlY Rr•'0 1,IJ'>
LOT 31
I.OT JI or EAST '.SIDI:. HOMES, TR
U 29 , BOOi', 1 G OF PLATS FAGE
40, FR ES NO COUNTY RECORDS
✓~ .... :o ·~.- ... J-t[E A\ .. QU!SITI Ct; I t1._r.~-__..-,. ~·':,h .,· • ·' / ·, RIGHT-OF -WAY PURPOSES , __ :..J_ ±60.5 S.F. • t~O rHH
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SCALE I DAIL·
FEB 19, 2025 ,· ~ 10'
DI\E: _,: 5H£ET IK •. OF
RECORDING REQUESTED BY:
City of Reedley
WH EN RECORDED RETURN TO:
City of Ree-dley - Engineering Department
1733 Ninti-1 Street
Reedley, CA 93654
Ho Fee Documenl - per Government Code 6102-
and27383
Jefferson Sofe Routes to sci-1001s Project
A portion of APN 370-1 94-20
EXH IBIT "B"
SPP.CE M30'•/E THIS LINE FOR RECORDER'S USE
TEMPORARY CON STRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ANTONIO PALMA GARCIA (who previously took title as Antonio G, Palma) AND PATRICIA PALMA, husband and wife, as joint tenants with right of survivorship, hereby GRANTS to the CITY OF REEDLEY, a m unicipal corporation, a temporary con'struction easement in , over, and across certain real property situated in the City of Reedley, the County of Fresno, State of Califomi;:i, more particularly described on Exhibit "A" apd more particularly depicted on Exhibit "B'' attached hereto and made a part hereof.
Temporary Construction Easement shall be effective October 1, 2025 to September 30, 2028 Antonio Palma Garcia Date
(Notary Acknowledgment Attached)
Patricia. Palma Date
(Notary Acknowledgment Attached)
CERTIFICATE OF ACCEPTANCE
In accordance with Section 27281 of the Government Code, this is to certify that the interest in real property conveyed by thi s instrument to the City of Reedley , a municipal corporation, is hereby accepted by order of the City Council of the City of Reedley made on the date hereafter set forth and the grantee consents to the recordation thereof by this duly authorized officer.
Resolution ,Ju rn ber 2000, .:icloptE:d June 1, ·197G , a.ti3checl as Exh ibit "C".
City of Reedley City Clerk
Dated _______ _ B·, --------------- Ruthie Greenwood
EXHIBIT "A"
APN 370-1 94 - 20
A TEMPORARY CONSTRUCTION l:.A5EMENT over and across all that real property situated in the State of California, County of Fresno, City of Reedley, lying within Section 26, Township 15 South, Range 23 East, Mount Oiablo Base and Meridian, and being a portion of Lot 31 of fast Side Homes, Tract No. 1329, filed in Book 16 of Plats at Pa8e 40, Fresno County Records, more particularly described as follows:
BEGINNING at a point on th(~ Wes~ Line of said Lot 31, which lies North 0CY18.'09-'.' East, a drstance of 11.00 feet from the Southwest Corner of said Lot 31; thence caritj,1ui11g North 00°18'09'' West along the West Line of !;i!id Lot 31, a distc1nce of 4.25 te.et;}hence leaving said West Line, South 44°36'01" East, a dista nce of 21.60 feet more or tess·tq.a point on the South I.inc of said Lot 31; thence North 89'30'12'' West along said Soutb 'une, a distance of 4.25 feet; t hence leaving said South line, North 44°36 '01" West, a distiJ.~,,~ .. of 15.58 feet to a point on the West Line of sclld Lot 31 and the TRUE POINT OF BEGINNIN(l THIS TEMPORARY CONSTRUCTION EASEMENT EXIPJRES.3 ·YEARS FROM THE DATE OF RECORDATION.
Containing an approximate area of 55 .58 5Q-Llpre fe et. 13earings shmvn herein r1 re reco rd or .cal9~laleci
From record as. shown on Reco rd ~fs~rvey fil ed
In Book 70, of Record of Surveys, Pages 90 thru 93,
Fr esno Cou nty f~ecords.
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EXHIBIT 11B"
NOH:
BEARINGS SHOWN ON OR 1;ALCULAfED
FROW RECORD OF SURVEY FILED IN
BOOK 70, PAGES g 1 :tlRU 93, FRESNO
COJNTY RECORDS.
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LOT 31
LOT 31 Of EAST SIDE HOMES, TTl
1329, BOOK 16 OF PLATS PAGE
J.Q, rn[SNO COUNIY f,l:CORDS
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CITY OF REEDLEY TEMPORARY CONSTRUCTION CASEMENT
370-19? 20
REVISIOl'~S:
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I DATE I APR 1 1 , 2025
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APPENDIX B
PURCHASE AGREEMENT
t\rncl ia Garcia and Maria Ruth Garc ia
APN: 370-201-1 0
This Agreement for l,urchase or Real Propert) is bc lllccn the CITY OF REEDLEY, a munic ipal corporation ("Grantee" ) and A:\IELIA GARCIA, a single woman and MARI.-\ RUTH GARCIA, a single wo man, as Joint Tenants ("Grantor") for acquisition o l' certain real propCrt) rights set lonh herein fo r the con struction. operation and use or the Jefferson Safe Routes to School Project (" Project").
WI 1l~RLA S. the City or Rccdlc) is in the process or acquiring the necessary real prnpeny and prnpcny rights fo r th e Project. and has determined that portions of C, ranlor's pmperty. identified as Assessor 1~,m:el Num ber 370-2 0 1- 10. common ly kno1rn as 682 E Lincoln /\1cnuc. Reedley. Count) or Fresno. State ufCal ilo rni a. arc necessary fo r th e construction and operation or the l'ro_iccl.
In consideration or which. and th e oth er considerations hereinal·tcr set lo nh. it is mutua lly agreed as fo llo11·s:
I. (/\) The parties have herein se t lo rth the whole or thei r agreemen t. The pcrlcirmanee o r this Agreement const itu tes the entire considerati on for sa id document and shall relieve Grantee or all runhe r obligation or claims on th is acco unt. or on account o r the use. locat ion. grade. or constru cti on of the proposed pub lic improvement.
(13) The property to be conveyed pursuant to th is Agreement is a Fee interest as desc ribed in the Gran t Deed attac hed hereto as Ex hibit "A" (the "Prope rty"). (C) Grantee requires the Property !o r sidewalk improvement purposes, a pu blic use fo r whi ch Grantee has th e authority to exe rcise the power or eminent domain . Grnntor desires to se ll, and Grantee desires to purchase the Property.
(D) Grantee also desires to obta in a Tempora1·y Constructi on Easement ("TCE" ) from Grantor 01er a pon ion or Grantor's pmpe1-ry as described in Exhi bit ··B." to be used in connection \\'ith Grantor's construction of the sidewalk imprm ements. and Gran Lor is 11·i !ling to gr.mt the TCE to Gramee upon the terms and conditions set lo nh in this Agreement. (E) Both Grantor and Grantee recogn ize the expense. time. clfort. and risk Lo both parties in determ ining the compensation foi- th e Property and TCE by c111 inent domain litigation. The compensation set forth herein for the Propert) and TCE is in comprom ise an d settlement.. in lieu of such litigation .
(F) The parties to this Ag reement shall. pursuant to Sec ti on 2 I .7(a) of Titl e 49. Code or Federal Regul ations. comply ll'ith all elements of Titl e VI of the Civil Ri ghts Act or 1964 . This requirement under Titl e VI and th e Code of Federal Regula tions is to complete the USDOT-'-lon-Discriminat ion Assurance requiring compliance 11 ith Title YI or the Ci1 ii Rights Act or 1964. 49 C.F.R. Section 50.3 . (G) No person in th e nitcd States shall. on th e grounds of race, co lor. or natio nal ori gin. be exc luded from participation in. be denied the benefits of. or be othcrn·ise subjected Lo discriminati on under an) program or activity that is th e subject of th is Ag reement.
2. Purchase Price
(A) Gran tee shal l pay Lhe undersigned Grantor th e total sum of S 1.250.00 (the "Purchase Price") for th e Property and TCE. p:iyment to be issued once the Property \'ests in City o 1· Reed le). ( 8 ) It is understood and agreed by and betll'een th e parties hereto that pa) men t of the Purc hase Pri ce as pi-01 ided in Clause 2(/\) in cludes. but is not limited to: payment fo r the fair market Ya!ue of th e Property con1·eycd: payment for an) and all damages incurred b: Grantor. including. but not limited to. any and all damages ll'hieh may accrue to Gra ntor's remain ing property by reason or its sc1-crancc from the property con1·cycd herein: and pay111enl l<.) r th e TCI-~ granted by Grantor to Crantee.
Amelia Garc ia and Maria Ru th Garc ia
APN : 370-20 1-1 0
(C) On or before thirt) (30) d:iys al'ter the L:ffecti,,e Date (as delined in Section 17). Gran tee shall pa) the Purchase Price. p1·0, iclcd Grantee has nut elected to Ler111 inatc this /\grccment pursuant hereto in accordance \\·ith its right to tc r111inate contained in this i\gree111ent. ( D) As additi onal consideration fo r the purchase or the Property. the Grantee shall. at no expense to the Grantor. ter111inate and relocate an:, affected irrigation within the fee acquisition area and terminate. rel ocate. or rein stall any affected irrigat ion \\ithin the TCE area. Gramor hcrcb: grants permission lO Grantee and/or Grantee's authorized agent to enter on the Prnpcrt) ,,·here necessar: to complete said work. Grantor un derstands and agrees that al'tcr co111pktion or said "ork. an: such i111p ro, emems shall be conside red Grantors' sole propcrl) and Grantor ,,·ill be so lely responsible fo r an:
maintenance and repair.
3. Temporary Construction Easement
The Temporary Construction Easement (" 'TCE'") is needed for the purposes of sidewalk co nstructi on along the right-of-way. The TCE id for 3 years and shal l be come effective on October I, 2025. and exp ire upon comp leti on or Project construction but no late r th an September 30, 2028 . Re storation o r the property shall occur onl y within the TCE area within the property. Grantee shall restore th e TCE area to th e conditi on th at ex isted prior to Grantee's Projec t constructio n, to th e exten t reasonably practica l.
4. Conveyance of Title
Gra ntor agrees to convey by Grant Deed , in the form or Ex hibit "A" , to Grantee ti tle to th e Property and Grantee sha ll take title subject to all matt ers record ed and/or unrecorded. These obli gations shal l survive the close ol'an internal escrow.
5. City of Reedley's Conditions to Closing
The fo l lowin g are conditi ons precedent to Grantee's ob i iga ti on to purchase th e Property:
(A) The transactions contemplated herein shall have been app roved by the Grantee. in its sole discretion. (B) Gran tor shall have delivered th e items described in Section 6 bc lo\\· on or before the Closing. (C} Grantor duly executes and ackno\\'ledges subordination agreemen ts. if any:
If any Condition Precedent is not sa tisfied . Grantee shall ha, e the 1·ight in its so le discretio n eithe r to wai,·e, in ,,Tiling, th e Condi ti on Precedent in question and proceed wit h the purchase: or term in ate this Agreement by \Hill en notice to Grantor.
6. Grantor's Delivery of Documents
Gran tor shall de liver to Grantee th e fo llowing:
(A) Duly executed and acknowledged Grant Deed and Temporary Construction Easement Deed:
(B) Such resolutions. authorizations. or othe r partnership documents or agreements relating to Grantor and its partners or affiliates as Grantee may reasonably require. to demonstrate the authority or Grantor to enter imo this Agreement and consummate the transactions contemplated hereby. and such proof or the po"-er and authority of the in di\'iduals executing any documents or other instruments on behal r or Grantor to act for and bind Gran tor: and
(C) Certification of Tru st. if any .
2 7. C ity o f Reedley Delive ry of Documents and Funds Grantee shall de li ve r to Granto r the fo ll owing:
Ame li a Garcia and Maria Ruth Garcia
APN: 370-20 1-1 0
(J\) /\cceptanee or Grnnt Det:d and Tc111pt1ra1·:, Constrnt:tion Fasemc'nt Dt:cd c:-.:ccutccl by CJrantcc:
and
(B) Payment of'thc Purchase Price.
8. Immediate Possession and Use
It is agreed and conlinnecl b) the parties hereto that not\l'ithstanding other pro, 1s1ons in this Agreement. the right of possession and use of the Prnpcrry by the Grantee. including the right to remm e and dispose or improvements and to construct road\\'ay impro,·ements. shall commrncc \\'hen Granto1· rccei, cs payment and deeds arc recorded. The amount shown in Clause 2(A) herein includes. but is not limited to. full payment for such immediate possession and use. inc lu ding damages. ir any. from sa id date.
9. Gran tor's Representations and \Var.-antics
GrantOJ· represents. \\'arrants to. and covenan ts \l'ith Grantee as lollo"·s:
(A) Grantor has received no notice that the re arc no"·- nor at the time or the Closing wi ll be. any material violati ons or any laws. ru les. or regulations applicable to the Property. (B) To the best of Gran tor's kno\\·lcdge. there arc no easements or rights of \l'ay \\·hich ha\e been acqu ired by prescri ption or \\hich are othen, ise not or record with respect to the Property.
There are no disp utes with regard to the location or an) fence or oth er mon umen t or the Property's boundary nor any claims or acti ons in vok in g the location of any fe nce or boundary.
(C) Grantor is th e legal and equitable O\\'llCr or th e Property. with ful l right to convey the same. and \\·ithout limiting the gen erali ty of the foregoing. Grantor has not granted any option. or right of first ref'u sal. or fi rst opportunity to any thi1·d party to acqu ire any inte rest in any or the Property.
(D) Grantor hereby represents, warrants to, and covenants with Gra nt ee that the fo l lowing stat ements are true and correc t. and will be true and correct as of'th e Closin g: (i) the Property is not in violation of any Enviro nm ental Laws; (ii) th e Property is not now. nor to th e best or Grantor's knowledge eve r been, used in any manner fo r the manufacture, use. storage . discharge, deposit, tra nsportation, or disposa l of any Hazardo us 1\-1aterial; (iii) there has been no rel ease and th ere is no th1·eatened release of any Hazardous Material in , on, under, or about the Property; (iv) the Property docs not consist of any landfill or con tain any building materia ls th at contain I lazardous Materi al; and (v) the Property is not subjec t to any c la im by any governmental regul atory agency or third party rel ated to the release or th reatened release of any Hazardous Ma teri al. As used herein . th e fo ll owing terms shall have the meanings be low:
For purposes of this Agreement, "I lazardous l\llaterial" means any su bstance which is (i) defined as a hazardous waste, pollutant, or contaminant under any Environmental Law, (ii ) a petroleum hydrocarbon, includ ing crude oil, or any fraction thereo f; (iii) hazardous toxic. corrosive, llammablc, exp losive. infect ious. radioactive, carcinogenic. or reproductive toxican t, (iv) regula ted pursuant to any Environmental Law. or (v) any pestic ide regul ated under State or Federal Law: and the term "Environmental Law" mean s each and every federal , State and local law. statute, ordinance. regu lation, rnle , judi cial or admin istrative order, or decree , perm it, li cense, approval. authorizat ion. or simi lar requirement ofan agency or other government authority, pertaining 10 the protection or human health and safety or the environment.
3 Ame li a Garcia and Maria Ruth Garcia
APN: 370-20 1- 10
(I:) 1\ 1 th e time o f Closi ng the re "ill be no outstanding \Hittcn or ora l contrncts made by Gran tor for an) impro\·cmcnts that ha\ c nut been Cully raid li.ir and Granlor shall cause Lo be discharged all mechan ics' or materia lm cn's lien s arising from an) labOI' or materials furnished to the Propcrt) prior to th e time or Closing. There arc no obligati ons in connection \lith th e Property \\h ich wi ll be binding upon Grantee alter Closing. (FJ Grantor shal l indemnil) . dcCend. and hole! harmless Grantee. its employees. officei-s. and agents. and their respecti1·e successo rs and assigns. from and against any and al l li abilities, claims. demands. damages. liens. costs. penalties. losses. and expen ses. including. \1i thout limitatio n. reasonable attorneys' and consul tants' Ices. resu lting from the existence or Hazardou s :vlaterial or mechanics or materialmcn's liens on or at the l'rnpert:,, or arising Crom an) representation made by Grantor in this Agreement.
10. G ran tor lndem nification
Grantee shal l indemn ify, de fend , and hold harm less Grantor. its employees. office rs, and age nts, and their re spec tive successors and assigns, f'rom and again st any and all li abiliti es. claim s, demands. damages, li ens, costs, pena lties, losses, and ex penses, in clud ing, without lim ita ti on, reasonabl e attorneys' and consulta nts' fees caused by the activiti es allowed under this Agreement, but on ly to the extent caused by the acti ve negligence or willful misconduct of the Grantee and its agents, representatives, emp loyees, cons ultants, and/or contractors. Gra ntee agree s to assume res ponsibility fo r any damages to Grantor's remainder propert y caused by rea son of Gran tee's use of the Property under this Agreement. and wi ll. at Agency's opti on, e ither repair or pay for such damage.
11. Non Liability of City of Reedley Orficials, Employees, and Agents Notwithstanding anythin g to the contrary in this Agreement, no City Coun cil Member, offi cer, em pl oyee. or agent of Grantee shall be personall y liab le to Gra n tor, its successors or assig ns, in the event of any defau lt or breach by Grantee or fo r any amount whi ch may become due to Gran tor, its successors or assign s, or for any ob ligation of Grantee under this Agreement.
12. Warranty of Authority
Each person signing th is Agreement on beha lf of a party represents and warrants that he or she has the Cul I right, poll'cr, legal capac ity, and authority to enter in to th is Agreement on behall' of' the party. and that no further approvals or consents of any persons are necessary in connecti on ll'ith the execution or this Ag reemen t.
13. Successors and Assigns
It is understood an d agreed that this Agreement inu res to th e benefit of. and is binding upon . the parties. their respective heirs. personal representati1·es, successors. admi nistrators. and/m assigns.
I 4. A mendments
Th is Agreement may be amended or modified onl) by a written instrument execu ted by Grantee and Grantor.
15. Counterparts
This Agreement may be executed in t\\'O (2) or more counterparts. each or which shall be deemed an or·iginal. but all of which taken together shall consti tute one and the same in stl'llment. 4 16. Severability
Amelia Garcia and Maria Ruth Garcia
APN: 370-201-10
In the event that an y provision or th is Agreeme nt sho uld be held to be void , vo idabl e, or unenforceable , the remaining portions shall remai n in full 1·nrce and effect. 17 . Effective Date
As used here in. the term "Effective Date" sha ll mean the date or the exec uti on or this Agreement by both parti es, or if' exec uted separately the dat e on whi ch the Agreement is executed by the last pany to execute th is Agre ement, as shown in the signature blocks to this Agreement.
18. Governing Law, Venue, Attorneys' Fees
This Agreement shall be gmerned by and construed in accordance with the la11s llf' th e State or Californ ia. An) acti on regarding th is Agreement sha ll be brough t in the Superior Coun of rresno Count). Cali fo rni a. The pre1 ailing party in any such action may rcco1 er its reasonable attorneys' fee s as costs.
19. Specific Performance
In addition to any other remedy avail able at law. this Agreement may be enforced by specific performance.
ALL AGREEMENTS FOR PURCHASE OF PROPERTY ARE CONTINGENT UPON THE RATIFICATION AND APPROVAL OF THE CITY OF REEDLEY.
Signature Page Follows
5 /\mcl ia Garcia and \Ilaria Ruth Garcia
APN: 370-201-10
/11 Witness Wh ereof: the Parti es have e:--:ecuted this Agreemem on the dates shown below:
GRANTOR: /\mclia Garcia. a sin gle \\ 0lllan and \Ilaria Ruth Garcia. a single \\0lllan. as Join t Tenan ts
CITY OF REEDLEY
Nicole Zieba
City Manager
ATTEST:
Ruthie Greenwood
City Clerk
Date
Date
Date
6 eECORDING REQUESTED BY:
v ity of Reedlei'
WHEN RECORDED RETURN TO:
City of Reedley - Engineering Dep;mment
1733 Nint11 Streei
Reedley CA 93654
tJo Fee C-ocument - per Go\'ernment Coce 27362,
Ne Documem Trans -,r Ta, - per R&T Codo0 11 9::! c
Jefferson Safe Routes o Scl1001s Proje"l
A portJon o- APN 370-201 -10
EXI-IIBIT " .-\"
~,P,t;:::E ABU;= •r:s LIME FOR RECORDER'S USE
GRANT DEED
FOR VALUABLE CONSIDERATIO , receipt of which 1s hereby acknowledged, A MELIA GAR CIA, a single woman and MARIA RUTH GARCIA, a single woman, as joint tenants , hereby GRA TS to the CITY OF REE DLEY, a munici pal corporation, all of Grantor's right. title, and interest in and to that certain real property situated in the City of Reedley, th e County of Fresno. State of Californ ia, more particularly described on Exhibit "A· and more particularly depicted on Exhibit ·5· attached hereto and made a part hereof.
IN WITNESS WHEREOF, the undersigned Grantor has executed this (;rant Deed as of this _ _ day of _ _______ , 202
Amelia Garcia
(Notary Acknowledgment Attached)
Maria Ruth Garcia
(Notary Acknowledgment Attached)
CERTIFICATE OF ACCEPTAN CE
This is to certify that the 1nteresi 1n real property con·-1e· 1ed b, the Grant ~ eed, dated ________ . from Ameli3 Gama, a single woma 1 3nd ·1la ri3 Ruth Garcia, a single 'Noman, as joint tenants, to th e- Cit o Ree dley, a rr un 1cipa l corpo r3tion, is hereby accepied by he undersigned officer or agent on behalf of the Ci·_, of Reedley pursua nt to 3uthori; conferred by Resolu ion No. ____ adopted __________ by the City of Reed le·:' Cit:· Council and the gra ,tee consen ts to recordat,on thereof by its duly au tho iz8d office r City o Reed ley City Clerk
~ated : _______ _ Bv:
--- - ------ - ---- Rut ie Greenwood
EXHlBIT "A"
APN 3 70 -201-10
All t a real proper si uared in e Sta e of California , County ofFres no, Ci v of ~eedl ey lyinr. wi.h in Sectio n 26, To 1
• ns hip 15 So , an e 23 East, oun ~ Jiablo Base ancl M eridian, and being a pon:ion of o. •+ of Hagc,pian Add i1.: 1on, filed in Book 11 of Pla·s a· Page 80, resno Coun y ecords , more particularly desc rib ed as folio \IS .
BEGINNING at ·he Sou·heast Corner of said o: • 8 ; hence North 89"30'11" W es. alon e Sou1 h Line of said Lo 48, a di stance of 11.00 fee ; thence onh 1 5°23'59'' [as , a d is ·ance of 15 .53 fee more or less rn a pain: on he :::a s~ line of sa id o. -'l8; t hence South 00~18' 09" \Nest along sa id E:as· Lin e, a dis ance of 11 00 feet ·o the TR UE POINT OF BEGI NING Con aininr, an appro irnate area of 60 .5 sq uare fee•
Bearings shown herein are record or calcul a:ed
Fro m r eco rd as sho wn on Record of Sur vey fi led
In Book 70, of Record of Surveys, Pages 90 thru 93,
Fresno Coun y Records .
---
EXHIBIT 11B11
LOT 48
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RECORDING REOUESTED SY:
Crty o· Reedley
WHEN RECORDED RETURN TO:
C;ty of Reedley - ::ng1neen11g Dep.cmn,ent
1733 N1nt11 Street
Reedley, CA 93654
No Fee Documem - per Govemm':!nt Code 13 · 0:,
and27383
efferson Sa e Routes to Schools ?roject
A portio of APN 370-201-10
EXIIIBIT "B"
~-PACE A30 '/E HS LINE FOR R::CORJ c ::;; S IJSE
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATIO , receipt of which 1s hereby acknowledged, AMELIA GARCIA, a single woman and MARIA RUTH GARCIA, a single woman. as joint tenants. hereby GRA TS to the CITY OF REEDLEY, a municipal corporation , a temporarf construction easement in, over, and across certain real property situated in the City of Reedley, the Cou nty of Fresno. State of California. n ore particularly described on Exhibit "A" and more particularly depicted on Exhibit "B" attached hereto and made a part hereof.
Temporary' Construction E3sement s 1al l be effective October 1, 2025 to September 30, 2028 Amelia Garcia Date
(Notary Acknowledgment Attached)
Mari a Ruth G3rcia Date
(No tary Acknowledgment Attached)
CERTIFICATE OF ACCEPTANCE
In accordance with Sectio 1 2728 l of the Government Code, this is to certifv that the interest in real property conveyed by this instrumeni to the City of Reedley , a municipal corporation, is hereby accepted by order of the City Cou ncil of the City of Reedley made on the date hereafter set forth and the grantee consen s to the recordation thereof by this duly authorized officer.
Resolution Number 2000, adopted June ·1. 1976, ottached as Exhibit "C' .
City of Reedley City Clerk
Dated: _______ _ By _____________ _
Ruthie Greenwood
EXHIBIT ''A''
A 370 20 10
A TEMPORl" Y CO ~STRUCTIO N tASEr\ ENT ov~r ar d duos.; all that real r peny situa te d in .he Stilt of Cali orn ,a, un ty of Fre~r o, C,ty o f Reed ley , lying w,th m Sc.!c! ion , Tm 1m .s t ip L, S th, Ran ge 23 East, M oun t Dtoblo Be se and rv eri d i.rn, anu bein g c1 port ion of Lot 48 of agopi an Add1tio . filed in Book 11 o f Plats at ag 8 .. r res no C un ty Recor d more part 1C ula Iv describ ed as fol lows:
BEGINNING at a point on the Sout Li ne o: _a id Lot 48, w l1 :c. h i . !:. for h g9 ·3 '11'' Ve'::, . a d ista nce of 11 00 feet from the S utheast Co rner of sa ,d Lo 48; hen • con t H1U1 ,g North 89°30' l i '' . alo ng the So th Li e of sa id Lo t 48, a distance of ,t.2 feet; thence lea i ,g said South l ine, Nor h 45.,23' 59'' Eas t, a d, t·crn t e o, 21 . .5 1 fe et , ore o r !es~ to a point on lhe Ea:. t Line o said Lo 48; t en ce Sou t h 00" 18'0 " W est along said Er1st Linc , a dist<'ln ce of 4. 'J 4 f •c ; hence leaving sa id East line South 45''23' 59" West, a di stance c f 15.53 feet t o the South Li ne of said Lo t 48 and t e TRUE POINT OF BEGINN ING.
f'H I TEMPORARY CONSTR UCTI N EA E 11 -NT ·XI IR S 3 YEAR , HOM rH : AT OF RECOR0ATlO ,J.
Cont ain ing an app ro ximat e area o f 5. 6 -qua re f
Bea ri ngs sh own her in r ., r co rd o r ri le late d
From ·eco rd as hown on R _ ord of Surv ·'y fi led
In Book 70, of . ecord o f Surve•,s. Pages 90 thr 93,
h esno County Record s.
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BE.t.,RINCS SHOWN ON OR CA..C!Jl.J\1ED
FRO>,l R[CORD OF SURV:Y FIi.SD !N
BOOK 70. PAGES 91 THRU 93. F'<£S'IC
CDUt•!T'' ~~COPl)S
CITY OF REEDLEY
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( ' i 11 C Id-.
DATE:
TITLE:
SUBMITTED:
APPROVED:
September 23, 2025
REEDLEY CITY COUNCIL
D Consent
D Regular Item
D Workshop
D Closed Session
~ Public Hearing
ITEM NO: {a
CONSIDER THE FOLLOWING ITEMS FOR THE ANNEXATION OF KINGS VIEW TOWNHOMES (CONDITIONAL USE PERMIT NO. 2021-07) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1:
A) OPEN PUBLIC HEARING FOR THE ANNEXATION OF TERRITORY INTO THE
CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 1 AS ZONE FF. CLOSE THE PUBLIC HEARING AND OPEN
THE BALLOT(S)
B) ADOPT RESOLUTION NO. 2025-070 DECLARING THE RESULTS OF THE
PROPERTY OWNER PROTEST BALLOT PROCEEDING CONDUCTED FOR
THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF
TERRITORY TO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS ZONE FF IN FISCAL YEAR 2025/2026
AND APPROVING CERTAIN RELATED ACTIONS
C) ADOPT RESOLUTION NO. 2025-071 ORDERING THE ANNEXATION OF
TERRITORY TO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1, CONFIRMING A DIAGRAM AND
ASSESSMENT RELATED THERETO FOR FISCAL YEAR 2025/2026,
ORDERING THE IMPROVEMENTS, AND THE LEVY AND COLLECTION OF
ASSESSMENTS, WITHIN SUCH TERRITORY COMMENCING IN FISCAL YEAR 2026/2027, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND ARTICLE
XIIID OF THE CALIFORNIA CONSTITUTION
Marilu S. Morales, P.E. \\..}.A
City Engineer .....Y'
Nicole R. Ziebat _ /
City Manager 7
RECOMMENDATION
Staff recommends that the City Council hold a public hearing, order the tabulation of ballots, adopt Resolution No. 2025-070 declaring the results of the property owner protest ballot proceedings and upon determination that a majority protest does not exist, adopt Resolution No. 2025-071 approving the annexation of territory (Kings View Townhomes) into the City of Reedley Landscaping and Lighting Maintenance District (LLMD) No. 1 as Zone FF, the levy and collection of annual assessments within such annexation commencing with fiscal year 2026-2027 and confirming diagrams and assessments pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code and Article XIIID of the California Constitution.
BACKGROUND
On August 26, 2025, the City Council approved resolutions initiating the annexation process and declaring the City's intention to levy and collect annual assessments and setting the public hearing on September 23, 2025 for the annexation of territory into the City of Reedley LLMD No. 1 as Zone FF. The public was notified of this public hearing in accordance with State Law.
In order to maintain and provide for ongoing costs for future landscaping, street trees and street light utility costs within the public right of way, the territory is being annexed into the LLMD No. 1 as Zone FF. Zone FF consists of Kings View Townhomes (Conditional Use Permit No. 2021-07) generally located at the northwest corner of South Frankwood Avenue and West Lilac Avenue. Pursuant to the provisions of the Landscaping and Lighting Act of 1972 of the California Streets and Highways Code (the Act), Section 22500 et seq., the City may annex territory into an existing maintenance district to provide for the continued maintenance of landscaping and lighting improvements. This places the cost of maintaining the improvements upon the property owner(s) directly benefitting from them. Annexation of the property is required so that an assessment may be levied to cover maintenance cost for the improvements within the District.
The annual maintenance cost for Zone FF was calculated to be $160.86 per Equivalent Benefit Unit (EBU) with 12 Equivalent Benefit Units consistent with 12 proposed townhomes within Kings View Townhomes.
The Engineer's Report on file with the City Clerk provides details for the proposed assessment. The maximum annual assessment is being established in fiscal year 2025-2026 and the levy and collection of annual assessments will commence with fiscal year 2026-2027.
In addition to the requirements of the California Streets and Highways Code, election procedures were followed in accordance with Article XIII D of the California Constitution (Proposition 218). Assessment ballots and notices of the public hearing were sent to all current property owners as shown on the latest County Equalized Assessor Roll. The ballots indicated the property proposed to be assessed, the proposed annexation zone and the proposed assessments for fiscal year 2025-2026.
FISCAL IMPACT
The City will collect approximately $1,930.00, whereby each property owner through property tax assessments, participates in the cost of maintaining landscaping and street lighting within Zone FF. After Fiscal Year 2025-26, the LLMD assessment will be subject to an increase each year based upon the Consumer Price Index, All Urban Consumers, for the San Francisco - Oakland - Hayward, CA ("CPI"), as determined by the United States Department of Labor, or its successor without conducting another mailed ballot election. The cost to process this annexation has been funded by the Developer of Conditional Use Permit No. 2021-07as required by the conditions of approval.
PRIOR COUNCIL ACTIONS
On August 26, 2025, the City Council adopted Resolution No. 2025-061 and 2025-062 initiating proceedings and setting a public hearing for September 23, 2025.
ATTACHMENTS
1. Resolution No. 2025-070, Declaring the results of the property owner protest ballot proceeding
2. Resolution No. 2025-071, Ordering the annexation of territory to the City of Reedley LLMD No.1
3. City of Reedley Engineer's Report LLMD No. 1 Annexation Zone FF (Kingsview Townhomes) Fiscal Year 2025-2026
4. Petition and Written Consent (Including Waiver)
RESOLUTION NO. 2025-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY DECLARING THE
RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDING CONDUCTED
FOR THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF TERRITORY TO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS ZONE FF IN FISCAL YEAR 2025/2026 AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, the City Council called and duly held a property owner protest ballot proceeding for the annexation of territory comprised of Assessor's Parcel Numbers (APNs) 365-220-80 and 365- 220-81, generally located at the north west corner of S. Frankwood Avenue and W. Lilac Avenue (hereafter referred to as the "Annexation Territory") into the City of Reedley Landscaping and Lighting Maintenance District No. 1 (hereafter referred to as the "District"), pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Part 2, Division 15 of the California Streets and Highways Code (hereinafter referred to as the "Act"), and the California Constitution Article XIIID (hereinafter referred to as the "Constitution"), for the purpose of presenting to the qualified property owner(s) within the Annexation Territory the proposed annual levy of assessments for the improvements connected therewith. Said annual assessments, commencing in Fiscal Year 2026/2027, as presented to the affected property owners of record in this ballot proceeding including the maximum assessment rate and annual inflationary adjustment, would fund the costs and expenses related to the operation, maintenance and servicing of the landscaping and lighting improvements and appurtenant facilities related thereto that provide special benefits to properties within the Annexation Territory, and
WHEREAS, the landowner(s) of record within the Annexation Territory waived the 45-day noticing requirement and said certified waiver is on file with the City Clerk; and WHEREAS, the landowner(s) of record within the Annexation Territory as of the close of the Public Hearing held on September 23, 2025, did cast their ballots, weighted by the proportional financial obligation of each ballot.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REEDLEY DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals: The above recitals are true and correct.
2. Proceedings: The protest proceedings for the Annexation Territory assessments were conducted pursuant to the provisions of the Constitution with ballots presented to the affected property owner(s) for receipt by the City Clerk prior to the conclusion of the Public Hearing on September 23, 2025, with each ballot weighted according to the proportional financial obligation of the affected property.
3. Canvass of Ballots: The tabulation and canvass of the property owner protest ballots was conducted by the City Clerk or their designee, with all valid protest ballots returned by the affected property owners being counted, the results of which as shown herein, have been presented to the City Council and are hereby confirmed.
4. Official Declaration of Results : The City Clerk is hereby directed to enter this Resolution into the minutes of the City Council, which shall constitute the official declaration of the result of such property owner protest ballot proceedings. The result of this ballot proceeding shall be transmitted to and form the basis for the subsequent resolution levying assessments and approving the Engineer's Report and Assessment Diagram for Zone FF. The results of which are illustrated below:
Total Ballots Cast Yes Total No Total
5. Certification: This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution.
This foregoing resolution is hereby approved and adopted by the City Council of the City of Reedley this 23rd day of September 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
Resolution No. 2025-070
RESOLUTION NO. 2025-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY ORDERING THE
ANNEXATION OF TERRITORY TO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO.1, CONFIRMING A DIAGRAM AND ASSESSMENT RELATED THERETO FOR FISCAL YEAR 2025/2026, ORDERING THE IMPROVEMENTS, AND THE LEVY
AND COLLECTION OF ASSESSMENTS, WITHIN SUCH TERRITORY COMMENCING IN FISCAL YEAR 2026/2027, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE AND ARTICLE XIIID OF THE
CALIFORNIA CONSTITUTION
WHEREAS, the City Council has, by previous Resolutions, initiated proceedings and declared its intention for the annexation of territory comprised of Assessor's Parcel Numbers (APNs) 365-220-80 and 365-220-81 (hereinafter referred to as the "Annexation Territory") into the Landscaping and Lighting Maintenance District No. 1 (hereinafter referred to as the "District") and the establishment of the proposed maximum annual assessment rate for Zone FF effective in Fiscal Year 2025/2026. The levy and collection of annual assessments against lots and parcels of land within the Annexation Territory commencing in Fiscal Year 2026/2027 subject to annual adjustments as provided by the Assessment Range Formula, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the "Act"), to pay the costs and expenses for the ongoing maintenance, operation, and servicing of the lighting and landscaping improvements and appurtenant facilities related thereto; and
WHEREAS, after fully considering the Engineer's Report presented, the City Council adopted Resolution No. 2025-062 preliminarily approving said Engineer's Report, declared its intention to annex territory as Zone FF; to conduct a property owner protest ballot proceeding regarding the proposed assessments in compliance with the substantive and procedural requirements of the Assessment Law; and set the public hearing for September 23, 2025 at 7:00 p.m.; and WHEREAS, , the landowner(s) of record within the Annexation Territory waived the 45-day noticing requirement and said Petition and Written Consent (Including Waiver) is on file with the City Clerk; and
WHEREAS, it is estimated that the improvements to be installed and constructed within the Annexation Territory will be accepted and maintained by the City as part of the District for the Fiscal Year2025/2026;and
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the Annexation Territories for the fiscal year commencing July 1, 2026 and ending June 30, 2027, to pay the costs and expenses of the ongoing operation, maintenance, and servicing of improvements determined to be of special benefit to the properties and the development of properties within the Annexation Territory, and all appurtenant facilities related thereto; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Reedley, using their independent judgment, approves Resolution No. 2025-071 based on the following:
1. Protest Determination: Following notice duly given in accordance with the law, the City Council has held a full and fair public hearing regarding the Engineer's Report, the annexation of territory to the District, to establish a maximum annual assessment effective beginning in Fiscal Year 2025/2026, and to levy and collect annual assessments commencing with Fiscal Year 2026/2027. All interested persons were afforded the opportunity to hear and be heard. The City Council considered all oral and written statements, protests and communications made or filed by interested persons and tabulated all ballots. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIIID of the California Constitution. All protests and objections to the annexation of territory to the District and the levy and collection of the proposed assessment against lots or parcels of property within the annexed territory are hereby overruled by the City Council. The results of the property owner protest ballot proceeding, as certified by a separate resolution adopted at the same meeting, are hereby acknowledged and accepted.
2. Findings: Based upon its review of the facts presented, the City Council hereby finds and determines that:
a. The land within the Annexation Territory will receive special benefit from the operation, maintenance, and servicing of improvements to be provided by the City as part of the District.
b. The Annexation Territories includes all of the lands receiving such special benefit. c. The net amount to be assessed upon the lands within the Annexation Territory has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services to be provided commencing with Fiscal Year 2026/2027.
d. Only special benefits are assessed, and no assessment is imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
3. Improvements: The City Council hereby orders the proposed improvements to be made.
Said improvements include, but are not limited to, the maintenance, operation, and incidental expenses related to the landscaped areas within the public right-of-ways or easements associated with the parcels of land within the Annexation Territory that may include, but are not limited to: street trees; turf; ground cover and shrubs; irrigation and electrical systems; monuments; hardscape improvements; and all necessary appurtenances and services connected with the public right-of-ways, public easements, and facilities designated, and to be maintained by the City in connection with the special benefit received by parcels of land within the Annexation Territory. The cost of providing such improvements generally include, but are not limited to, all materials, equipment, utilities, labor, and incidental expenses including administrative expenses for the regular annual maintenance as authorized by the Act. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained for the Annexation Territory are on file in the Department of Public Works of the City of Reedley and by reference these plans, and specifications are made part of this Resolution and the Engineer's Report prepared in connection with these proceedings.
4. Annexation Approval: The City Council hereby orders the annexation of territories to be known as "Zone FF (Kings View Townhomes)" to the District. The District will continue to Resolution No. 2025-071
be designated as the City of Reedley Landscaping and Lighting Maintenance District No. 1, the boundaries of which shall be contained in the assessment diagram for the District, the establishment of the maximum assessment rate in Fiscal Year 2025/2026.
5. Confirmation of Diagram and Assessment: The City Council hereby confirms the diagram and assessment, with respect to the annexed parcels, as originally proposed in the Engineer's Report. The assessment is in compliance with the provisions of the Act and Article XIIID of the California Constitution. The assessment is levied without regard to property valuation. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 3 above for the fiscal year commencing on July 1, 2026 and ending on June 30, 2027.
6. Levy of Assessment: The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2026 and ending June 30, 2027.
7. Collection of Assessments: The County Auditor of Fresno County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy so described in the Engineer's Report for the Annexation Territory known as Zone FF of the District, and such levies shall be submitted to the County Auditor along with the other assessments for the District and collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
8. Deposit of Funds: The City shall deposit all money representing assessments collected by the County for the Annexation Territory to the credit of a fund for Zone FF of the District, and such money shall be expended only for the maintenance, operation, and servicing of the improvements as described in the Engineer's Report and generally described in Section 3 of this Resolution.
9. The City Clerk shall certify to the passage and adoption of this Resolution , and the minutes of this meeting shall so reflect the City Council's approval of the annexation of the parcels within Zone FF to the District, the adoption and confirmation of the Annexation Territory Assessment Diagram, and the establishment of the maximum assessment rates, assessment range formula, and the assessments for Fiscal Year 2025/2026 as contained in the Engineer's Report.
This foregoing resolution is hereby approved and adopted by the City Council of the City of Reedley this 23rd day of September 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
Resolution No. 2025-071
CITY OF REEDLEY
ENGINEER'S REPORT
LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 1
ANNEXATION ZONE FF
{KINGS VIEW TOWNHOMES)
FISCAL YEAR 2025/2026
INTENT MEETING: AUGUST 26, 2025
PUBLIC HEARING: SEPTEMBER 23, 2025
JULY 2025
PREPARED BY
WILLDAN FINANCIAL SERVICES
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ENGINEER'S REPORT AFFIDAVIT
CITY OF REEDLEY
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1
ANNEXATION ZONE FF
(KINGS VIEW TOWN HOMES)
FISCAL YEAR 2025/2026
CITY OF REEDLEY, COUNTY OF FRESNO,
ST ATE OF CALIFORNIA
ENGINEER'S REPORT
AFFIDAVIT
As part of the Resolution of Intention packet presented for the consideration of the Reedley City Council, this Report and the enclosed budgets, diagrams, and descriptions outline the proposed annexation of territory to the Reedley Landscaping and Lighting Maintenance District No. 1 for Fiscal Year 2025/2026 as the same existed at the time this Report was prepared. Said annexation includes the lots and parcels of land identified as Assessor Parcel Numbers 365-220-80 and 365-220-81. Reference is hereby made to the Fresno County Assessor's Parcel Map for a detailed description of the lines and dimensions of each parcel within this annexation. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this 27th day of August
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Reedley
Stacee Reynolds
Principal Consultant
~;mnedl- 0 e
R. C. E. # C81888
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
, 2025.
Engineer's Report
Annexation Zone FF Fiscal Year • - •- 2025/2026
TABLE OF CONTENTS
INTRODUCTION ........................................................................................................................................... 1 BALLOT PROCEEDINGS ......................................................................................................................... 1 REPORT CONTENT ................................................................................................................................. 2 PART A- PLANS AND SPECIFICATIONS ................................................................................................ 4 DESCRIPTION OF THE DISTRICT .......................................................................................................... 4 DESCRIPTION OF THE ANNEXATION TERRITORY .............................................................................. 4 DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED ....................................... 4 PART B - METHOD OF APPORTIONMENT .............................................................................................. 6 BACKGROUND ........................................................................................................................................ 6 SPECIAL BENEFIT ANALYSIS ................................................................................................................ 6 GENERAL BENEFIT ANALYSIS ............ .................................................................................................. 7 APPORTIONMENT .............................................. ..................................................................................... 7 LAND USE CLASSIFICATIONS .................................................................. ............................................. 8 ASSESSMENT RANGE FORMULA ........................................................................................................ .. 9 PART C-ESTIMATED COST OF THE IMPROVEMENTS ...................................................................... 10 ANNEXATION ZONE FF (KINGS VIEW TOWNHOMES) BUDGET ESTIMATE .................................... 11 PART D-ASSESSMENT DIAGRAMS ..................................................................................................... 12 PART E-ASSESSMENT ROLL ............................................................................................................... 14 City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone FF Fiscal Year •· • _ 2025/2026
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INTRODUCTION
Pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "1972 Act"), this Engineer's Report (hereafter referred to as "Report") is prepared in compliance with the requirements of Article 4, Chapter 1, of the 1972 Act regarding the annexation of territories into the City of Reedley's (referred to as "City") existing Landscaping and Lighting Maintenance District No. 1 (hereafter referred to as "LLMD No. 1" or "District").
The City Council of the City of Reedley (referred to as "City Council") being the legislative body for LLMD No. 1, may, pursuant to the 1972 Act, annex territories and levy annual assessments for the operations and administration of LLMD No. 1. In Section 22608 of the 1972 Act, it states "right of majority protest shall be limited to the territory proposed to be annexed."
In addition, the 1972 Act provides for the levy of annual assessments after annexation into or formation of an assessment district for the continued maintenance and servicing of the improvements. The 1972 Act further allows various areas to be annexed into an existing district when the territories in the annexation receive substantially the same proportional special benefits from the improvements. The costs associated with the installation, maintenance, and servicing of the improvements may be assessed to properties, which benefit from the installation, maintenance, and servicing of such improvements.
This Report specifically addresses the annexation of Assessor's Parcel Numbers (APNs) 365-220-80 and 365-220-81, which will be developed into twelve (12) townhomes to be named Kings View Townhomes. The territory is more specifically identified as:
• Kings View Town homes, comprised of APNs 365-220-80 and 81, generally located at the north west corner of S. Frankwood Avenue and W. Lilac Avenue.
This area is legally described as Parcel A and B of Parcel Map No. 2017-1, according to the map thereof recorded December 24, 2018 in Book 75 Pages 1 and 2 of Parcel Maps, Fresno County Records. This area is proposed to be annexed into LLMD No. 1 as Annexation Zone FF (referred to as "Annexation Territory"), with the establishment of a proposed maximum annual assessment amount to be effective in Fiscal Year 2025/2026. This Report addresses the levy and collection of annual assessments beginning in Fiscal Year 2026/2027.
The properties associated with and identified herein as Annexation Territory are shown within the Assessment Diagrams incorporated herein as Part D of this Report.
BALLOT PROCEEDINGS
As part of this annexation proceeding, pursuant to the provisions of Article XIIID, Section 4 of the California Constitution (referred to as "Article XIIID"), the City shall conduct a property owner protest ballot proceeding (referred to as "Ballot Proceeding") for the proposed levy of new assessments as described in this Report. In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing (scheduled for September 23, 2025) to consider public testimonies, comments, and written protests regarding the levy of the proposed new assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists:
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone FF Fiscal Year - - • _ 2025/2026
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"A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property." After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If majority protest were to exist, further proceedings to implement the proposed new assessments (including the inflationary adjustment) and the annexation of the Annexation Territory shall be abandoned at that time.
If tabulation of the ballots indicates that majority protest does not exist for the proposed assessment and the assessment range formula presented and described herein, the City Council may by Resolution approve this Report (as submitted or amended), order the annexation of the Annexation Territory to the District, approve the assessment diagram, and confirm the assessments. The City Council may order the levy and collection of the assessments for the Annexation Territory with the assessments for other properties in the District during the annual assessment approval process for Fiscal Year 2026/2027. The assessments for the Annexation Territory for Fiscal Year 2026/2027 shall be submitted to the Fresno County Auditor/Controller for inclusion on the property tax roll for each parcel within the Annexation Territory as approved and ordered by the City Council.
Each subsequent fiscal year, an Engineer's Report for the District including the Annexation Territory shall be prepared and presented to the City Council to address any proposed changes to the improvements, budget, and assessments for that fiscal year. The City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the levy of such assessments.
REPORT CONTENT
This Report consists of the following five (5) parts.
PART A- PLANS AND SPECIFICATIONS
Provides an overall description of the District, the zone of benefit ("Zone(s)") therein and the improvements to be provided including those improvements associated with the Annexation Territory being addressed by this Report. The Zones previously established for this District or established herein as part of this annexation proceedings are based on the type of improvements and services provided to properties within each development and the type of property development (residential versus non-residential).
PART B - METHOD OF APPORTIONMENT
Describes the basis on which the costs have been apportioned to each parcel of land within the Annexation Territory of the District, in proportion to the estimated benefits to be received by such lots and parcels. This section also identifies and outlines an Assessment Range Formula that provides for an annual adjustment to the maximum assessment rate initially established by this Report. This Assessment Range Formula limits increases on future assessments but also provides for reasonable cost adjustments due to inflation without the added expense of additional property owner protest ballot proceedings.
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Ann exation Zone FF
Fiscal Year
2025/2026
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PART C-ESTIMATE OF COST OF THE IMPROVEMENTS
An estimate of the annual expenditures and revenues budgeted for the maintenance and servicing of the landscaping and streetlight improvements installed and constructed in connection with the development of properties within the Annexation Territory and/or shared with other properties in the District that benefit from similar improvements. The budget(s) include an estimate of anticipated direct maintenance costs and incidental expenses associated with the improvements, including but not limited to administration expenses and the collection of appropriate fund balances. The maximum assessment rates established for the Zones are based on similarities in property developments, improvements, services, and expenses. The maximum allowable assessment rate (Rate per Benefit Unit) for each Zone of the District, as approved by a vote of the property owners in a protest ballot proceeding, includes an assessment range formula that provides for an annual Consumer Price Index adjustment to the maximum rate.
PART D -ASSESSMENT DIAGRAMS
Contains a diagram of the exterior boundaries of the Annexation Territory along with the lines and dimensions of each lot or parcel of land within the area to be annexed into the District.
PART E - ASSESSMENT ROLL
Identifies the maximum assessment to be levied on each benefited lot or parcel of land within the Annexation Territory.
If any section, subsection, subdivision, sentence, clause, phrase, portion, or zone of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, or zone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or zones might subsequently be declared invalid or unconstitutional.
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone FF Fiscal Year - - , _ 2025/2026
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PART A- PLANS AND SPECIFICATIONS
DESCRIPTION OF THE DISTRICT
On November 7, 1989, the City of Reedley Landscaping and Lighting Maintenance District No. 1 was formed under the provisions of the 1972 Act and in compliance with the substantive and procedural requirements of the California Constitution Article XIIID (the "California Constitution"). The District consists of twenty-six (26) benefit zones (Zones A, E, G through U, W through Zand AA, BB, CC and EE) (referred to as "Zones"), such that those properties receiving benefits from a particular improvement are assessed for such improvements in proportion to the benefit received to maintain on-going maintenance, operation and servicing of the local pocket parks, open spaces, landscaping and irrigation in local area buffers, entryways and median islands, streets trees in park strips block walls and local street lighting within said District.
DESCRIPTION OF THE ANNEXATION TERRITORY
The Annexation Territory identified within this Report incorporates the lots or parcels of land within and/or in proximity to the development and improvement areas associated with Kings View Townhomes. Specifically, the Annexation Territory can be found on the Fresno County Assessor's Parcel Map within Book 75, Pages 1 and 2; Parcels A and B of Parcel Map No. 2017-1.
The Annexation Territory is generally located at the north west corner of S. Frankwood Avenue and W. Lilac Avenue. The area is identified by the Fresno County Assessor's Office as APNs 365-220-80 and 81.
Development of the Annexation Territory is anticipated to consist of twelve (12) townhomes, comprising approximately 0.902 acres.
DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The improvements installed, maintained, and serviced within the Annexation Zone FF are generally described as streetlights, landscaping, and irrigation improvements within or adjacent to the Annexation Territory and surrounding properties. Together these improvements provide special benefits to those individual parcels located within the Annexation Territory. These improvements collectively may include, but are not limited to:
landscaping, lighting, planting, shrubbery, trees, grass, bark, other ornamental vegetation, irrigation systems, hardscapes, and fixtures; facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities.
The Annexation Territory, as part of LLMD No. 1, will fund costs in connection with the maintenance and servicing including, but not limited to, labor, electrical energy, water, materials, contracting services, administration, and other expenses necessary for the satisfactory maintenance and servicing of these improvements.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of the streetlights, landscaping, and appurtenant facilities, including repair, removal or replacement of all or part of any improvement; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming , spraying, fertilizing , or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone FF Fiscal Year • · 1 _ , 2025/2026
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Servicing means the furnishing of electricity for the operation of streetlights and any appurtenant facilities; and water for the irrigation of the landscaping and the maintenance of any of the landscaping and appurtenant facilities.
The improvements to be maintained as part of Annexation Zone FF include one (1) 100-watt streetlight located on Frankwood Avenue, one (1) 60-watt streetlight located on Cyrier Avenue, approximately 954 square feet of landscaping (trees and shrubs), and two (2) trees within or adjacent to the Annexation Territory.
A more detailed description of the plans and specifications for the improvements are on file at the City and are incorporated herein and made part of this Report.
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone FF
Fiscal Year
2025/2026
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PART 8 - METHOD OF APPORTIONMENT
BACKGROUND
The 1972 Act provides that assessments may be apportioned upon all assessable lots or parcels of land within an assessment district or annexation in proportion to the estimated benefits to be received by each lot or parcel from the improvements. In addition, the California Constitution Article XIIID requires a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel.
Article XIIID further provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over, and above general benefits conferred on the public at large, including real property within the district or annexation. The general enhancement of property value does not constitute a special benefit.
SPECIAL BENEFIT ANALYSIS
LANDSCAPING
The ongoing maintenance of public landscape areas within the District provide aesthetic benefits to the properties within each respective Annexation and more specifically, those improvements identified in Part A of this Report, provide aesthetic benefits to the properties within the Annexation Territory and create a more pleasant environment to walk, drive, live, and work. The primary function of these landscape improvements and related amenities serve as an aesthetically pleasing enhancement and green space for the benefit of those parcels and developments for which the improvements are to be constructed and installed for the benefit of those parcels and developments within the Annexation Territory. These improvements are an integral part of the physical environment of parcels within the Annexation Territory and the associated District, providing a positive enhancement of the community's character, attractiveness, and desirability. Collectively the improvements to be provided by the District and specifically for the Annexation Territory as part of Annexation Zone FF represent a physical extension of those parcels, and if the improvements are not properly maintained, it is these parcels that would be aesthetically burdened. Additionally, street landscaping serves as a pleasant aesthetic amenity that enhances the approach to the parcels and in some cases, serves as both a physical buffer as well as a sound reduction buffer between the roadways and the properties within the DistricUZone. Likewise, the landscaped areas for some of the Zones within the District may include landscaped parks, green spaces, slopes, or trails that provide visually pleasing open space areas that serve as an extension of the physical attributes of the parcels assessed, such as their front or rear yards and may also provide a greater opportunity for recreation. As a result, the maintenance of these landscaped improvements and amenities provides a particular and distinct benefit to the properties and developments within each respective Zone, including the proposed Annexation Territory.
STREET LIGHTING
Street lighting in the District is primarily useful for illuminating the streets that provide access to the properties in the District as well as the sidewalks and parking lanes associated with those properties. While it is recognized that both streetlights and traffic signals serve in part to enhance traffic safety, installation and construction of these improvements were clearly required by the development of properties within the DistricUZone and these improvements provide three main special benefits to those properties: (i) property security benefit, (ii) pedestrian safety benefit, and (iii) parkway/roadway egress benefit. Furthermore, because traffic circulation in the City is largely the result of local traffic to and from these properties by the City of Reedley
Landscaping and Lighting
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Engineer's Report
Annexation Zone FF Fiscal Year - -•- • 2025/2026
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property owners and guests, it is reasonable to assume that these properties derive a particular and distinct benefit from the streetlights and traffic signals that support the safe access to the properties and essentially all pedestrians and parking vehicles in the lit areas will, after dark, be directly associated with the assessed properties. As a result, the maintenance of these lighting improvements is a particular and distinct benefit to the properties in Zone FF.
GENERAL BENEFIT ANALYSIS
Pursuant to the 1972 Act and the provisions of the California Constitution, the costs of the DistricUZone are apportioned by a formula or method that fairly distributes the net amount to be assessed among all assessable parcels in proportion to the special benefit to be received by each such parcel from the improvements. Article XIIID requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID also requires the agency to separate the general benefit from special benefit and that only special benefit is assessable.
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by the proposed assessment for the Zone/Annexation Territory and the proximity and relationship to properties to be assessed, it is evident these improvements were primarily installed in connection with the development of properties within the Annexation Territory. It is also evident that the maintenance of these improvements and the level of maintenance provided has a direct and particular impact (special benefit) on those properties and such maintenance beyond that which is required to ensure the safety and protection of the general public and property in general, has no quantifiable benefit to the public at large or to properties outside the Annexation Territory/Zone.
In the absence of a special funding Zone, the City would typically provide only limited tree management, weed abatement, rodent control, and erosion control services for the various landscape easement areas.
This baseline level of service would typically provide for periodic servicing of the improvement areas (generally twice annually) or on an as-needed basis. This baseline level of service provides public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways and potential property damage resulting from fire hazards but results in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance to be provided in the various District Zones.
APPORTIONMENT
The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained, serviced, and funded by the assessments and specifically, the lighting, landscape and irrigation improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of wellmaintained lighting and landscaping improvements in close proximity to those properties.
The costs to provide maintenance and servicing of the improvements within or adjacent to the original area and each annexation area represent a zone of benefit (referred to throughout as "Zone") and provide a distinct and special benefit to each parcel in the Zone. The costs to provide maintenance and servicing of the improvements for each Zone are determined and are fairly and equitably distributed among each assessable parcel in the Zone based upon the estimated special benefit received by each parcel. The costs of the Report and District administration are fairly and equitably distributed to all Zones, including those that have no improvements or that are fully or partially self-maintained.
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Ann exation Zone FF
Fiscal Year
2025/2026
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In addition to the use of Zones, the method of apportionment established for the District to reflect the proportional special benefit of each parcel utilizes a weighted methodology of apportionment commonly referred to as an Equivalent Benefit Unit ("EBU") methodology.
For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the Zone improvements by a single-family residential parcel. The single-family residential parcel has been selected as the basic unit for calculation of assessments. Thus, the "benchmark" property (the single-family residential parcel) derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit.
An assessment amount per EBU ("Rate") for the Zone improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBUs for parcels benefiting from such improvements.
Total Balance to Levy/ Total EBUs = Levy per EBU ("Rate") This amount is then applied back to each parcel's individual EBU to determine each parcel's proportionate benefit and assessment obligation.
Rate x Parcel EBU = Parcel Levy Amount
LAND USE CLASSIFICATIONS
Every parcel within the District is assigned a land use classification based on available parcel information obtained from the County Assessor's Office. It has been determined that parcel use and size are the appropriate factors necessary to identify and calculate the proportional special benefits conveyed to each property within the District and respective Zone for the cost of improvements associated with that property.
The following provides an overall description of the various land use classifications assigned to properties in the proposed Zone FF and the proportional special benefit (weighted allocation) for those land uses. The proposed Zone FF will be comprised of lots identified as Residential Single-Family Parcels and VacanUU ndeveloped Parcels.
Residential Single-Family Parcels (SFR) - This classification may include but is not limited to all subdivided residential tract lots (with or without structures); townhomes; condominiums; or other single-family residential units on a single parcel. The single-family residential parcel has been selected as the basic unit for calculation of assessments, and each is assigned one (1.00) Equivalent Benefit Unit.
VacanUUndeveloped Parcels (VAC/UNDV) - This classification includes properties that are identified as parcels with no development but have development potential. Although it is recognized that the improvements provided within the various Zones of the District were primarily constructed and installed as the result of property development, it is also recognized that the majority of these improvements were constructed in part to support the overall development of properties within the District and/or Zone to their full and best use, including vacant undeveloped properties. Therefore, parcels identified as VacanUUndeveloped Parcels shall be assigned a proportional EBU that is twenty-five percent (25%) of the developed non-residential property, or 1.75 EBU per acre, up to a maximum of five (5) acres per parcel.
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Eng ineer's Report
Annexation Zone FF
Fiscal Year
2025/2026
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EXEMPT PARC ELS
The following are exempt from the assessment: areas of streets, avenues, lanes, roads, drives, courts, alleys, public easements, rights-of-way, parkways, and drainage/pond basins. Also exempt are utility rights-of-way used exclusively for utility transmission, common areas (such as in condominium complexes), land dedicated as open space or parks, landlocked parcels, and small parcels vacated by the City, as these parcels do not benefit from the improvements. In addition, public schools, government agencies, and parcels with no road frontage will not be assessed.
ASSESSMENT RANGE FORMULA
The maximum assessment amount allowed for each fiscal year shall be adjusted annually by an amount equal to the percentage increase of the CPI for the San Francisco-Oakland-Hayward area for Urban Consumers, as developed by the U.S. Bureau of Labor Statistics, annually. The Assessment Range Formula shall be applied to the maximum assessment rates developed for Fiscal Year 2025/2026 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application.
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone FF Fiscal Year • · , _ • 2025/2026
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PART C - ESTIMATED COST OF THE IMPROVEMENTS
The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses, which may include reserves to operate the District until funds are collected on the County tax rolls and are transferred to the City from the County around December/January of the current fiscal year.
The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within LLMD No. 1 is the total cost of installation, maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.
The budget on the next page outlines the estimated costs to maintain the improvements at build-out and establishes the initial Maximum Assessment per EBU (Maximum Assessment Rate) and the proposed budget and maximum annual assessment rate for Fiscal Year 2025/2026.
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone FF Fiscal Year • · • _ 1 2025/2026
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ANNEXATION ZONE FF (KINGS VIEW TOWNHOMES) BUDGET ESTIMATE Zone FF
BUDGET ITEM Kings View
ANNUAL MAINTENANCE (DIRECT COSTS)
Landscap~ Maintenance Expenses ,.
Larndscape and Lighting-Mainfena'n'ce
Landscape and Lighting Utilities (Water/Electricity)
Tree Trimming
,Capit~I Replacement Costs/Renovation .
Operation· Reserves
Total Annual Landscape Maintenance Expenses . . . ., Adm inistraHon · · :A€Jministration Overhead
County Administration Fee
Professional Services
Total Administration
Total C9sts & Expenses
i '
LEVY AD~'USTMEN,TS . ,,
'•:· General Benefit (Contribution)
l'.ptal Levy Adjustrrien'ts
BALANCE t b LEVY
DISTRICT STATISTICS
' Total Units
...
Total Estimated EBUs .
Proposed Maximum Assessment per EBU
Proposed Maximum Assessment for FY 2025/2026
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone FF
Town homes
. $599
, 520
Included in Lndscp Maint
1.10 560
$1,789
$109
2·
54 $165
$1,9~4
,. $24
$24
12 12.00
. $160.86
$160;86
Fiscal Year
2025/2026
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PART D -ASSESSMENT DIAGRAMS
The Fiscal Year 2025/2026 Assessment Diagram on the page that follows outlines the boundaries of the Landscaping and Lighting Maintenance District No. 1. A separate diagram for the proposed Annexation Zone FF is provided as well and consists of all lots, parcels, and subdivisions of land listed on the Assessment Roll contained herein as Part E; the lines and dimensions of which are shown on the Fresno County Assessor's parcel maps for the current year and are incorporated by reference herein and made part of this Report.
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT 'NO. 1
CITY OF REEDLEY
Legend
All Zones
ZONE
- A f) E
==:; cc
LJDD
! I EE
LJ FF
• . CITY LIMI S
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
/'·-,. __ ® '/ EE
)"7 ' .LJ
Engineer's Report
Annexation Zone FF
Fiscal Year
2025/2026
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CITY OF REEDLEY
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1
ZONE FF
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Cl CITY UM ITS
[:J zo E FF
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
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Ul ACAVE
Engineer's Report
Annexation Zone FF
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Fiscal Year
2025/2026
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PART E - ASSESSMENT ROLL
All assessed lots or parcels of real property within Annexation Zone FF are listed on the assessment roll below. Each parcel's corresponding Balloted Maximum Assessment is based on the parcel's proposed land use and the maximum assessment rate for Fiscal Year 2025/2026. Commencing Fiscal Year 2026/2027, the maximum assessment rate shall be adjusted annually by an amount equal to the percentage increase of the CPI for the San Francisco-Oakland-Hayward Area for Urban Consumers, as developed by the U.S. Bureau of Labor Statistics, annually.
Assessor's Annexation Maximum Maximum
Parcel Number Benefit Zone Balloted Land Use Balloted EBU Ass~:~:ent Assessment 365-220-80
365-220-81
FF
FF
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Residential
Residential
Engineer's Report
Annexation Zone FF
6.0 6.0
$160.86
$160.86
$965.16
$965.16
FiscalYear •-•-, 2025/2026
PETITION AND WRITTEN CONSENT
(INCLUDING WAIVER)
REQUESTING COMMENCEMENT OF PROCEEDINGS UNDER
THE LANDSCAPING AND LIGHTING ACT OF 1972
TO ANNEX CERTAIN TERRITORY TO
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 1
To the Council of the City of Reedley
c/o the City Clerk of the City of Reedley
Reedley City Hall
1717 Ninth Street
Reedley, California 93654
Re: Conditional Use Permit No. 2021-07
Assessor's Parcel No. 365-220-80 and 365-220-81
Members of the City Council:
The undersigned is the duly authorized representative of the owner of all the tenitory of real property located in Assessor's Parcel No. 365-220-80 and 365-220-81, Reedley, California, described on Exhibit A-1 and shown by the map in Exhibit B-1 (the "Parcel"), which exhibits are attached to and made part of this petition. The owner hereby petitions and requests that you commence proceedings pursuant to the Landscaping and Lighting Act of 1972 (Part 2, Division 15, of the California Streets & Highways Code) (the "Act") to annex and add all the territory in the Parcel to the Citys existing Landscaping and Lighting Maintenance District No. 1 ("LLMD No. l "), and to levy on the annexed territory the annual assessments levied within LLMD No. 1 for the maintenance and operation of landscaping facilities.
The owner further petitions and requests that the Council proceed as quickly as possible with all proceedings necessary to accomplish such annexation and levy. In that regard, to the extent allowed by law, the owner hereby expressly waives all notices, procedures and requirements otherwise required under Section 22608 and Article l ( commencing with Section 22585) of the Act, California Government Code Sections 53750 through 53753.5 or any other provision of law, including without limitation adoption of any resolutions, filing of any engineer's report, giving of any notices, holding any hearings and right of majority protest, and expressly consents to the annexation and levy without completion of or compliance with notices, procedures or requirements.
In consideration for the Council conducting the annexation and levy proceedings herein requested, the owner will immediately execute and deliver to the City any documents the City deems necessary to accomplish the annexation and levy proceedings and to further evidence the consent and waivers in this letter, including but not limited to assessment ballots and receipts for notice.
Also, in consideration for the Council conducting such annexation and levy proceedings, the owner agrees to remain the sole owner of all real property in such Parcels and to not transfer title to any such real property to any other person or entity until completion of the proceedings.
Respectfully submitted by:
PROPERTY OWNER:
Megalodon Properties LLC, a Califom.ia Limited Liability Company L/ -'-I- 25
Signature Date
(Nota1y Acknowledgement Attached)
Print Name
Title
EXHIBIT A-1
LEGAL DESCRIPTION . - --
The land referred to herein below is situated in the County of Fresno, State of California, and is desciibed as follows:
Parcel A and B of Parcel Map No. 2017-1, according to the map thereofrecorded December 24, 2018 in Book 75 Pages 1 and 2 of Parcel Maps, Fresno County Records. · APN: 365-220-80 & 365-220-81
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vi \_ LILAC AVE PROPOSED BOU~ARY OF AFEA TO BE
ANt-EXED NTO CITY OF REEDLEY'S LANDSCAPE
AND L.IOl-fTJ,JQ MAMENANCE C>ISTRCT NO. 1
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EXHIBIT 'B'-1
CITY OF REEDLEY DIAGRAM OF CUP No. 202 1-07
ENGINEERING DEPARTMENT
1733 N Annexation into Landscaping & Ligh ting Maintenance INTH STREET REEDLEY, CA 93654 Distri ct No. 1, Zone FF
PHONE (559)637 -4200 I I DATE: January 31, 2025 DRWN BY: MM SHEET NO. 1 OF 1 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies 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~·½~· t"=Y_ri _________ _
before me, -,- \ .He,y.-eY-\C\ 1 \'-JD--\7:;\~ l\)Jb\~ C..
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I certify under PENAL TY OF PERJURY under the
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Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached D~u ent 1(--
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