San Joaquin City Council
May 6, 2025

SAN JOAQUIN CITY COUNCIL REGULAR MEETING

SAN JOAQUIN COUNCIL CHAMBERS
21991 COLORADO AVE (A)

SAN JOAQUIN, CA
TUESDAY, MAY 6, 2025
6:00 P.M.

MEMBERS OF THE COUNCIL WILL BE IN ATTENDANCE AT THE MEETING.

MEMBERS OF THE PUBLIC MAY ATTEND AND PARTICIPATE IN THIS MEETING

IN PERSON OR BY ZOOM OR SUBMIT WRITTEN COMMENTS AT CITY HALL OR BY EMAIL PRIOR TO THE MEETING AT [email protected].

ZOOM INFORMATION:
https://us02web.zoom.us/j/88084657588?pwd=LVUHaSZBHhFctP1mc8BHXJor4Jq6bB.1 MEETING ID: 880 8465 7588
PASSCODE: 973137
TELEPHONE NUMBER: 1-669-900-9128
The City Council welcomes you. All attendees are advised that pagers, cell phones, and any other communication devices should be powered off upon entering the Council meeting.

The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called.

For each agenda item considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals. Public comments from those in attendance will then be taken. All public comments will be limited to three minutes per person.

1. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL
Adam Flores-Cornejo Mayor
Martha Mejia Mayor Pro Tem
Cristina Covarrubia Councilmember
Abel Lua Councilmember
Rosa M. Ramirez Councilmember

2. APPROVAL OF AGENDA –
______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org

3. PRESENTATION –
A. Future Farmers of America (FFA) Students to provide a report of their recent activities.

4. PROCLAMATION –

5. CONSENT CALENDAR –
All items listed under Consent Calendar are considered to be routine and will be enacted by one motion. For discussion of any Consent Item, it will be considered separately at the request of any member of the City Council or any person in the audience - A. SUBJECT: Minutes of the Regular City Council Meeting of April 1, 2025.

RECOMMENDATION: Council approve the Minutes of the Regular City Council Meeting of April 1, 2025. (Enclosure P. 1, Action Item) B. SUBJECT: Warrants #’s 056112-056229.

RECOMMENDATION: Council approve Warrant #’s 056112-056229 as presented. (Enclosure P. 5, Action Item)
C. SUBJECT: Approving the FY 25/26 List of Eligible Projects for Funding from the Road Maintenance and Rehabilitation Account (RMRA) created by Senate Bill (SB) 1 Road Repair and Accountability Act of 2017, and Authorizing the City Manager to file with the California Transportation Commission the Project List and the Annual Expenditure Report for FY 25/26 RMRA Funding.

RECOMMENDATION: Council adopt Resolution No. 2025-19, approving the City of San Joaquin FY 25/26 List of eligible projects for funding from the Road Maintenance and Rehabilitation Account administered by the California Transportation Commission (CTC) in partnership with the State Controller’s office, and authorizing the City Manager to file with the California Transportation Commission the Project List and Annual Expenditure Report for FY 25/26 RMRA Funding. (Enclosure P. 16, Action Item)
D. SUBJECT: Resolution of the City Council of the City of San Joaquin of intent to levy and collect the annual assessments for Assessment District No. 92-3, and setting a Public Hearing.

RECOMMENDATION: Council adopt Resolution No. 2025-20, to levy and collect the annual assessments for Assessment District No. 92-3, and setting a Public Hearing. (Enclosure P. 24, Action Item)
E. SUBJECT: One year Contract Extension for GPUSD School Resource Officer (SRO) for fiscal year 2025-26
RECOMMENDATION: Approve a one-year contract extension with the County of Fresno Sheriff’s Office for a SRO to continue at GPUSD (Enclosure P. 67, Action Item)

6. SHERIFF REPORT – Informational Only (Enclosure P. 93)

7. CITY MANAGER REPORT – Informational Only

8. CITY ATTORNEY REPORT – Informational Only

9. COUNCILMEMBER COMMUNICATIONS/ANNOUNCEMENTS/AGENDA
ITEMS –
This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to initiate new matters and to request updates, (iii) and to initiate new agenda items.

Under this section the Council may take action only on items specifically agendized and which meet other requirements for actions.

10. PUBLIC FORUM –
This part of the meeting is for members of the public to address the City Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the City Council of the City of San Joaquin. If you wish to comment on an item which is not on the agenda, you may do so at this time and each speaker is limited to three (3) minutes.

Speakers are asked, but not required, to state their name and address and to use the microphone. The Council is prohibited by law from taking action on items not on the agenda. Discussion shall be limited to referring the item to staff and possible scheduling on a future council agenda.

11. PUBLIC HEARINGS –

CONVENE AS THE SAN JOAQUIN PLANNING COMMISSION

12. SAN JOAQUIN PLANNING COMMISSION –
A. SUBJECT: General Plan Amendment, Rezoning, Zoning Text Change, and Tentative Tract Map (TTM) No. 6456 to Subdivide APN-033-040-50 into 38 Single Family lots, and associated mitigated negative declaration for the project (Property generally located north-west of Arizona and Main Streets).

RECOMMENDATION: That the Planning Commission adopt PC Resolutions 2025- 01, 2025-02, and 2025-03, recommending approval of a General Plan Amendment changing land use density from Low Density Residential to Medium Density Residential, Rezoning from R-1 (Low Density Residential) to R-2 (Medium Density Residential, Zoning Text Change to adjust standards to allow for development, and Tentative Tract Map (TTM) No. 6456 to Subdivide APN-033-040-50 into 38 Single Family lots, as well as a mitigated negative declaration under CEQA. (Enclosure P. 94, Action Item)

ADJOURN THE SAN JOAQUIN PLANNING COMMISSION AND RECONVENE AS THE

SAN JOAQUIN CITY COUNCIL

13. OLD BUSINESS –

14. NEW BUSINESS –
A. SUBJECT: Resolution of the City Council of the City of San Joaquin Amending the Agreement with Gouveia Engineering, Inc. for City Engineer Consultant Services and Authorizing the City Manager to Execute the Amendment.

RECOMMENDATION: Adopt Resolution No. 2025-21, approving Amendment No. 3 to City Engineer Consultant Services Agreement with Gouveia Engineering, Inc. and authorizing the City Manager to execute Amendment No. 3. (Enclosure P. 123, Action Item) B. SUBJECT: Selection of Solid Waste Rate Study Consultant.

RECOMMENDATION: Council adopt Resolution No. 2025-22, approving the agreement with IGService for completion of a Solid Waste Rate Study and authorize the City Manager to execute the agreement. (Enclosure P. 130, Action Item) C. SUBJECT: Resolution approving two Pipeline Crossing Agreements, Project No. 0799670 and Project No. 0799671 (Agreements) between the Union Pacific Railroad Company and the City of San Joaquin for the proposed waterline crossing below Railroad Property near the Pine Street Alignment and the proposed waterline crossing below Railroad Property at 9th Street, and Authorize the City Manager to execute the Agreements and issue payment to Union Pacific Railroad Company.

RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 2025-23, Approving two Pipeline Crossing Agreements, Project No. 0799670 and Project No. 0799671 (Agreements) between the Union Pacific Railroad Company and the City of San Joaquin for the proposed waterline crossing below Railroad Property near the Pine Street Alignment and the proposed waterline crossing below Railroad Property at 9th Street, and Authorize the City Manager to execute the Agreements and issue payment to Union Pacific Railroad Company. (Enclosure P. 142, Action Item) D. SUBJECT: Council Discussion on the Yard Sale Ordinance.

RECOMMENDATION: Council discuss the current Yard Sale Ordinance and provide direction to staff on how to proceed. (No enclosure; discussion and direction to staff)

15. CLOSED SESSION –

16. ADJOURN MEETING –
NOTICE OF ADA COMPLIANCE: If you or anyone in your party needs assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g. hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City Office at (559) 693-4311 so such aids or services can be arranged. Request may also be made by email to the City Clerk at [email protected] or mailed to San Joaquin City Hall, P.O. Box 758, San Joaquin, CA 93660. Accommodations should be requested as early as possible as additional time may be required in order to provide the request accommodation is suggested.

NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council regarding within 72 hours of the meeting regarding any items on this agenda will be made available for public inspection at the City Clerk’s Office located at City Hall, 21900 Colorado Avenue during normal business hours and on the City’s website at www.cityofsanjoaquin.org
LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official.

Participants and agents are requested to make this disclosure as well.

The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

CONFLICT OF INTEREST. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure when the item is called and recuse themselves.

CERTIFICATION OF POSTING
I, Matt Flood, City Clerk of the City of San Joaquin, do hereby declare that the foregoing agenda for the regular San Joaquin City Council Meeting of Tuesday, May 6, 2025 was posted at the following locations: City Hall, 21900 Colorado Avenue, San Joaquin Senior Center, 21991 Colorado Ave (B) and US Post Office 8667 Ninth Street on Friday, May 2, 2025 by 5:00 P.M. *NEXT REGULAR COUNCIL MEETING SCHEDULED TUESDAY, JUNE 3, 2025*

SAN JOAQUIN CITY COUNCIL REGULAR MEETING

MINUTES
TUESDAY, APRIL 1, 2025

1. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL
Mayor Adam Flores-Cornejo Present
Mayor Pro Tem Martha Mejia Present
Councilmember Cristina Covarrubia Absent
Councilmember Abel Lua Absent
Councilmember Rosa Maria Ramirez Present
The Meeting was called to order and the pledge of allegiance led by Mayor Flores-Cornejo at 6:03pm.

2. APPROVAL OF AGENDA
City Manager Cabrera requested that Item 14(D) be heard right after the Sheriff’s Report was provided, and Mayor Flores-Cornejo requesting the forwarding of item 14(E) to a future agenda. A motion was made by Mayor Pro Tem Mejia to approve the agenda as modified, seconded by Councilmember Ramirez. Motion passed 3-0 (Absent: Covarrubia and Lua).

3. PRESENTATION

4. PROCLAMATION

5. CONSENT CALENDAR
A. SUBJECT: Minutes of the Regular City Council Meeting of March 4, 2025.

RECOMMENDATION: Council approve the Minutes of the Regular City Council Meeting of March 4, 2025.

B. SUBJECT: Warrants #’s 056069-056111.

RECOMMENDATION: Council approve Warrant #’s 056069-056111 as presented.

A motion was made by Mayor Flores-Cornejo to adopt the Consent Calendar, seconded by Mayor Pro Tem Mejia. Motion passed 3-0 (Absent: Covarrubia and Lua). ______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org 1 6. SHERIFF REPORT
Deputy Swain provided his monthly report.

14. D. SUBJECT: Council authorization to enter into a new agreement with Mid Valley Disposal, LLC.

RECOMMENDATION: Adopt Resolution No. 2025-18, approving a municipal solid waste franchise agreement between the City of San Joaquin and Mid Valley Disposal, LLC effective April 1, 2025.

A motion was made by Councilmember Ramirez to approve the item, seconded by Mayor Flores-Cornejo. Motion passed 3-0 (Absent: Covarrubia and Lua).

7. CITY MANAGER REPORT
City Manager Cabrera provided her report.

8. CITY ATTORNEY REPORT
The City Attorney provided her report.

9. COUNCILMEMBER COMMUNICATIONS/ANNOUNCEMENTS/AGENDA ITEMS

10. PUBLIC FORUM
No members of the Public provided comment.

11. PUBLIC HEARINGS
At 6:28pm the City Council recessed and the Planning Commission was convened.

12. SAN JOAQUIN PLANNING COMMISSION
A. SUBJECT: General Plan Amendment, Rezoning, and Zoning Text Change to allow for Tentative Tract Map (TTM) No. 6456 to Subdivide APN-033-040-50 into 38 Single Family lots. Postpone review of the TTM to a date certain of May 6, 2025 Planning Commission Hearing at 6:00 PM.

RECOMMENDATION: That the Planning commission continue the Public Hearing to a date certain to allow time to complete the necessary review by Cal FIRE.

On recommendation from staff, Mayor Flores-Cornejo moved to postpone the hearing until the regular May meeting, seconded by Mayor Pro Tem Mejia. Motion passed 3-0 (Absent: Covarrubia and Lua).
2 At 6:29pm, the Planning Commission was adjourned and the City Council reconvened.

13. OLD BUSINESS

14. NEW BUSINESS
A. SUBJECT: Approving the 2024 Housing Element Annual Progress Report.

RECOMMENDATION: Adopt Resolution No. 2025-15, approving the 2024 Housing Element Annual Progress Report and directing staff to transmit the report to the California Department of Housing and Community Development.

A motion was made by Councilmember Ramirez to approve the item, seconded by Mayor Pro Tem Mejia. Motion passed 3-0 (Absent: Covarrubia and Lua).

B. SUBJECT: Consideration of Resolution No. 2025-16, for the purchase of a sewer lift station Monitoring system from Bogie’s Pump for $14,751.19.

RECOMMENDATION: Adopt Resolution No. 2025-16, approving the purchase of a monitoring system for the sewer lift stations from Bogie’s Pump Systems for $14,751.19.

A motion was made by Mayor Flores-Cornejo to approve the item, seconded by Councilmember Ramirez. Motion passed 3-0 (Absent: Covarrubia and Lua).

C. SUBJECT: Council authorization to award a contract to Gouveia Engineering, Inc. and authorizing the City Manager to execute the agreement for on-call engineering services for Federally Funded Transportation Projects for the City of San Joaquin.

RECOMMENDATION: Adopt Resolution No. 2025-17, awarding a contract to Gouveia Engineering, Inc. and authorizing the City Manager to execute the agreement for on-call engineering services for Federally Funded Transportation Projects for the City of San Joaquin.

A motion was made by Councilmember Ramirez to approve the item, seconded by Mayor Pro Tem Mejia. Motion passed 3-0 (Absent: Covarrubia and Lua).

E. SUBJECT: Council Discussion on the Yard Sale Ordinance.

RECOMMENDATION: Council discuss the current Yard Sale Ordinance and provide direction to staff on how to proceed.

(Removed from agenda for future consideration)

15. CLOSED SESSION
3 16. ADJOURN MEETING
At 6:41pm with no other business remaining before the City Council, a motion was made by Mayor Pro Tem Mejia to adjourn, seconded by Mayor Flores-Cornejo. Motion passed 3-0 (Absent: Covarrubia and Lua).
4 5
EPORT.

UN,.,.

Un By.

Apr 08 25 Tuesday
Apr 08 25 Time: 10:56
Cindy Torres
CI'fY OF SAN JOAQUIN
Automatic Check Listing/Update
Control Date.: 04/08/25 Cash Account No,.: 999 10110
Invoice Actual
Date Period
Discount Gross
nvoice No Description Due Date Fiscal Tm G/L Account No Amount Check ff,: 056112 Check Date,: 04/08/25 Vendor I,D,: ADAOl (ADAMS ASHBY GROUP, INC,) 7044- LABOR COMPLIANCE fOR WELL #6 WITH SRF FUNDING 04/02/25 04-25 A 100 39025 04/08/25 10-25
Check D.: 056113 Check Date,: 04/08/25 Vendor I,D,: AT&Tl {AT&T C50402- TELEPHONE SERVICES FOR 559,693.2509 04/02/25 04-25 A 100 39025 04/08/25 10-25
Check#.: 056114 Check Date.: 04/08/25 Vendor I,D,: AT&T2 (AT&T C50402- TELEPHONE SERVICES FOR 559,693,4311 04/02/25 04-25 A 100 39025 04/08/25 10-25
2000,00
55,08
73 .17
Discount
Amount
.00
.00
. 00
PAGE
ID !I
CTL.
001
PY-CL
SAN
Net
Amount
2000.00

55.08 73, 17
----------------------------------------------------------------------------------------------------------------------------------- Check #. : 056115 Check Date.: 04/08/25 Vendor I.D.: AT&T6 (AT&T C504 02- TELE:PHONE SE:RVICES FOR 559.846,8083 04/02/25 04-25 A 100 39025 16.34 .00 04/08/25 10-25
CC504 02- TELE:PHONE SE:RVICES FOR 559.846.8083 04/02/25 04-25 A 100 39025 16.34 .00 04/08/25 10-25
CCC504 02- TELE:PHONE SE:RVICES FOR 559.846.8083 04/02/25 04-25 A 100 39025 16. 38 .oo 04/08/25 10-25
** Vendor's Subtotal -----> 49, 06 .00
Check Jt,: 056116 Check Date.: 04/08/25 Vendor I.D.: ATROO (ATR MOBILE EQUIPMENT REPAIR INC) 00000628- REPAIR VACTOR FOR PUBLIC WORKS DEPARTMENTS 04/02/25 04-25 A 100 39025 04/08/25 10-25
656.50
Check#.: 056117 Check Date.: 04/08/25 Vendor I,D,: BAC02 (BACKOWSKI LAW GROUP, PC} 11376- PROfESSIONAL LEGAL SERVICES 04/02/25 04-25 A 100 39025 04/08/25 10-25
612. 7 5
Check#,: 056118 Check Date.: 04/08/25 Vendor I.D.: BREOl (BRECK'S ELECTRIC MOTORS INC.) 31010- REPAIR MOTOR fOR WASTE WATER TREATMENT PLANT 04/02/25 04-25 A 100 39025 04/08/25 10-25
1694.46
Check#.: 056119 Check Date.: 04/08/25 Vendor I,D,: BSKOl (BSK ASSOCIATES ENGINEERS} AI08514- WATER ANALYSIS 04/02/25 04-25 A 100 39025 208.45 04/08/25 10-25
AI08523- WATER ANALYSIS 04/02/25 04-25 A 100 39025 104.52 04/08/25 10-25
.oo
.00
.00
.00
.00
----------- ---------- H Vendor's Subtotal -----> 312. 97 Check#,: 056120 Check Date.: 04/08/25 Vendor I,D,: CALlO (CALifORNIA WATER SERVICES) 055759IN- WATER & WASTEWATER TREATMENT FACILITY PLANT OPER, 04/02/25 04-25 A 100 39025 04/08/25 10-25
10526.67
Check#,: 056121 Check Date.: 04/08/25 Vendor I.D.: CENT4 (CENTRAL SAN JOAQUIN VALLEY RMA) INV0252- 2024/2025 4TH QUARTER LIABILITY INSURANCES 04/02/25 04-25 A 100 39025 04/08/25 10-25
37951.00
Check#.: 056122 Check Date.: 04/08/25 Vendor I.D.: CHOOO (CHOICE PHOTOGRAPHY-BILL C.CHOY) 3349- PHOTOGRAPHY SERVICES FOR COUNCIL MEMBERS 04/03/25 04-25 A 100 39025 04/08/25 10-25
393.23
Check#.: 056123 Check Date.: 04/08/25 Vendor I.D.: CINOO (CINTAS CORPORATION NO. 2) 59491905- PURCHASE MEDICAL SUPPLIES FOR FIRST AID BOXES 04/02/25 04-25 A 100 39025 04/08/25 10-25
152. 96
.00
.00
.OD
.00
.00

16. 34
16 ,34
·16.38

49.06 656,50
612.75
1694,46
208.45
104.52
----------- 312.97
10526. 67
37951.00
393.23
152.96
6 EPORT, Apr 08 25 Tuesday
UN, ... Apr 08 25 Time: 10:56
un By, Cindy Torres
nvoice No Description

CITY OF SAN JOAQUIN
Automatic Check Listing/Update
Control Date. 04/08/25 Cash Account No.,: 999 10110
Invoice Actual
Date Period
Discount
Due Date Fiscal Tm G/L Account No
Gross
Amount
Check 11.: 056124 Check Date.: 04/08/25 Vendor I.D.: COROl (CORBIN WILLITS SYSTEMS) OC503151- ENHANCEMENT AND SERVICES FEES
Check II.: 056125 Check Date, : 04/08/25
AYMENT13- WELL NO. 6 CONSTRUCTION PROJECT NO. l010034-005C AYMENT14- WELL NO. 6 CONSTRUCTION PROJECT N0.1010034-005C 04/03/25 04-25 A 100 39025
04/08/25 10-25
Vendor I ,D,: DAW03 {DAWSON-MAULDIN
04/03/25 04-25 A 100 39025
04/08/25 10-25
04/03/25 04-25 A 100 39025
04/08/25 10-25
·H Vendor's Subtotal ----->
692.93
LLC)
40755.00
203015,00
243770.00
Discount
Amount
.00
.00
.oo
.00
PAGE 002
ID tt PY-CL

CTL, SAN
Net
Amount
692.93
40755,00
203015.00
243770,00
----------------------------------------------------------------------------------------------------------------------------------- Check II,: 056126 Check Date.: 04/08/25 Vendor I.D.: DEL07 (DE LAO ANGELICA) C50403- REFUND DEPOSIT FOR EVENT ON 3/21/25 AT VFW HALL 04/03/25 04-25 A 100 39025 04/08/25 10-25
175.00
Check#.: 056127 Check Date.: 04/08/25 Vendor I.D.: DEPA4 (DEPARTMENT OF INDUSTRIAL RELATIONS} 1500215A- ELEVATOR INSPECTED ON 02/26/2025 AT VFW HALL 04/03/25 04-25 A 100 39025 04/08/25 10-25
125.00
Check#,: 056128 Check Date.: 04/08/25 Vendor I.D.: FIRST (FIRST NATIONAL BANK OMAHA) C50404- PURCHASE SUPPLIES, MEMBERSHIPS, AND ALARMS 04/04/25 04-25 A 100 39025 1316,04 04/08/25 10-25
CC50404- PURCHASE SHIRTS, JACKETS, AND SUBSCRIPTIONS 04/04/25 04-25 A 100 39025 707.87 04/08/25 10-25
----------- .. Vendor's Subtotal -----> 2023.91
Check#.: 056129 Check Date.: 04/08/25 Vendor I,D.: FL004 {FLORES-CORNEJO, ADAM) C50403- PERDIEM FOR LEAGUE OF CITIES LEADERSHIP SUMMIT 04/03/25 04-25 A 100 39025 04/08/25 10-25
481.52
Check#,: 056130 Check Date.: 04/08/25 Vendor I,D,: FL005 (FLOOD, MATTHEW) C50404- PURCHASE SUPPLIES AND COFFEE POT FOR COUNCIL 04/04/25 04-25 A 100 39025 04/08/25 10-25
196. 81
Check JI,: 056131 Check Date.: 04/08/25 Vendor I,D,: FREOl (1-'RESNO COUN'l'Y TREASURER) S022564- LAW ENFORCEMENT SERVICES FOR MARCH 2025
Check #.' 05 6132 Check Date.: 04/08/25
S022564- CONTRACT ['OLICE SERVICES FOR MARCH 2025
S022565- CONTRACT POLICE SERVICES FOR GOLDEN PLAINS UNIFIED 04/03/25 04-25 A 100 39025
04/08/25 10-25
Vendor I.D,: FRES2 (FRESNO COUNTY
04/03/25 04-25 A 100 39025
04/08/25 10-25
04/03/25 04-25 A 100 39025
04/0B/25 10-25
.. Vendor's Subtotal ----->
Check#.: 056133 Check Date.: 04/08/25 Vendor I.D.: FROOl {FRONTIER) C50404- TELEPHONE SERVICES FOR 559.693,3093 04/04/25 04-25 A 100 39025 04/08/25 10-25
8333.33

TREASURER)
10951. 20
19722.24
----------- 30673. 44

82.58 .00
.00
---------- .00
.00
.00
---------- .00
175. 00
125.00
1316.04
707.87
----------- 2023,91
481.52
196.81
8333.33
10951.20
19722.24
----------- 30673.44

82.58 ------------------------------------------------------------- ---------------------------------------------------------------------- Check#.: 056134 Check Date.: 04/08/25 Vendor I.D.: FR003 (FRONTIER} C50403- TELEPHONE SERVICES FOR 559.693,2407 04/03/25 04-25 A 100 39025 04/08/25 10-25
Check#.: 056135 Check Date,: 04/08/25 Vendor I,D.: FR004 (FRONTIER) C50404- TELEPHONE SERVICES FOR 559.693.2509 04/04/25 04-25 A 100 39025 04/08/25 10-25

95.92 95, 92
79 .04 7 9. 04
7 CI'l'Y OF SAN JOAQUIN
Automatic Check Listing/Update
:8PORT. Apr 08 25 Tuesday
:UN.... Apr 08 25 Time: 10:56 .un By. Cindy Torres Control Date.: 04/08/25 Cash Account No .. : 999 10110 Invoice Actual
Date Period
Discount Gross
nvoice No Description Due Date Fiscal Tm G/L Account No Amount Check#.: 056136 Check Date.: 04/08/25 Vendor I.D.: rR005 (FRONTIER) C50404- TELEPHONE SERVICES FOR 559.693.0082 04/04/25 04-25 A 100 39025 04/08/25 10-25

20.52 Discount
Amount
.oo
PAGE 003 ID If PY-CL
CTL. SAN
Net
Amount

20.52 ----------------------------------------------------------------------------------------------------------------------------------- Check#.: 056137 Check Date.: 04/08/25 Vendor I.D,: GAROO {GARCIA TIRE & AUTO REPAIR) 21919- TIRE DISPOSAL FOR PUBLIC WORKS DEPARTMENTS
22121- REPAIR FLAT TIRE FOR ELECTRIC VEHICLE
04/03/25
04/08/25
04/03/25
04/08/25
04-25 A 100 39025
10-25
04-25 A 100 39025
10-25
** Vendor's Subtotal----->

47.51 13.00

60.51 .00
.00
.00

47.51 13.00
60,51
----------------------------------------------------------------------------------------------------------------------------------- Check ff. ' 056138 Check Date.: 04/08/25 Vendor I.D.: GOUOl (GOUVEIA ENGINEERING INC) 17294- PROJECT: 340.13-1 WELL 6 CONSTRUCTION MANAGEMENT 04/03/25 04-25 A 100 39025 2045.00 04/08/25 10-25
17295- PROJECT: 340.13-2 WELL 6 ADMINISTRATION 04/03/25 04-25 A 100 39025 460.00 04/08/25 10-25
17296- PROJET: 340.14-2 WELL 3 ' 5 MANGANESE CONSTR MGMT 04/03/25 04-25 A 100 39025 1115.60 04/08/25 10-25
17297- PROJECT: 340, 14-3 WELL 3 & 5 MANGANESE ADMIN 04/03/25 04-25 A 100 39025 431.25 04/08/25 10-25
17298- PROJECT: 340.15-2 WELL ' 6 MANGANESE CONSTR MGMT 04/03/25 04-25 A 100 39025 1324 .85 04/08/25 10-25
17299- PROJECT: 340.15-3 WELL ' 6 MANGANESE ADMIN 04/03/25 04-25 A 100 39025 431.25 04/08/25 10-25
17300- PROJECT: 345.01 STREETS MISCELLANEOUS 04/03/25 04-25 A 100 39025 82.43 04/08/25 10-25
17301- PROJECT: 355.03 CDBG SPORTS PARK & TRAIL IMPR 04/03/25 04-25 A 100 39025 30,19 04/08/25 10-25
17302- PROJECT: 375.08 TRACT 6456 SUBDIVISION 04/03/25 04-25 A 100 39025 1190. 70 04/08/25 10-25
17303- PROJECT: 385.10 DOLLAR GENERAL IMPROVE PLAN REVIEW 04/03/25 04-25 A 100 39025 660.98 04/08/25 10-25
17304- PROJECT: 390.02 ASSESSMENTS fOR LLMD 04/03/25 04-25 A 100 39025 326.55 04/08/25 10-25
17305- PROJECT: 395.06 STBG APPLICATIONS 04/03/25 04-25 A 100 39025 3 641. 4 9 04/08/25 10-25
----------- H Vendor's Subtotal -----> 11740.29
Check#.: 056139 Check Date.: 04/08/25 Vendor I,D,: HARRl (HARRALSON MACHINE WORKS) C50404- PURCHASE SUPPLIES FOR PUBLIC WORKS DEPARTMENTS 04/04/25 04-25 A 100 39025 04/08/25 10-25
958.34
Check#.: 056140 Check Date.: 04/08/25 Vendor I,D,: HEL04 (HELENA CHEMICAL COMPANY) 69622172- PURCHASE SUPPLIES FOR PUBLIC WORKS DEPARTMENTS 04/03/25 04-25 A 100 39025 04/08/25 10-25
1048,61
.00
.00
.00
.00
. 00
.DO
.DO
.OD
.00
.oo
.00
.00
---------- . 00
. OD
.00
Check#.: 056141 Check Date.: 04/08/25 Vendor I,D.: HINOl (HINDERLIER, DELLAMAS & ASSOCIATES) IN048349- CON'l'RACT SERVICES FOR 3RD QUARTER SALES TAX 04/03/25 04-25 A 100 39025 04/08/25 10-25
Check j[,: 056142 Check Date.: 04/08/25 Vendor I.D,: IMAOO (IMAGE 2000) 761708- INVOICE FOR MARCH 2025 FOR COST PER COPY 04/04/25 04-25 A 100 39025 04/08/25 10-25
750.00 .00
101. 96 .00
Check#.: 056143 Check Date.: 04/08/25 Vendor I.D,: J.COO {J, COLIN COMPU'l'ING SYSTEMS, INC.} 387 96- PROFESSIONAL SUPPORT SERVICES rOR CI'l'Y HALL 04/03/25 04-25 A 100 39025 04/08/25 10-25
Check ff,: 056144 Check Date.: 04/08/25 Vendor I.D.: MEJ02 (MEJIA, DORA MARTHA) C50403- PERDIEM FOR LEAGUE OF CITIES LEADERSHIP SUMMIT 04/03/25 04-25 A 100 39025 04/08/25 10-25
790.00 .OD
481.52 .oo
2045.00
460.00
1115. 60
431.25
1324. 85
431.25

82. 4 3

30.19 1190,70
660.98
326.55
3641. 49
----------- 11740.29
958.34
1048,61
750,00
101. 96
790.00
4 B 1. 52
8 E:PORT.

UN.,.,
un 8y.

Apr OB 25 Tuesday
Apr 08 25 Time: 10:56
Cindy Torres

CITY OF SAN JOAQUIN
Automatic Check List.i.ng/Update
Control Date.: 04/08/25 Cash Account No.,: 999 10110
Invoice Actual
Date Period
Discount Gross
nvoice No Description Due Date Fiscal Tm G/L Account No Amount Check j/.: 056145 Check Date.: 04/08/25 Vendor I.D.: MONOl (MONTOY LAW CORPORATION) FEB-2025- PROFESSIONAL LEGAL SERVICES FOR FEBRUARY 2025 04/04/25 04-25 A 100 39025 04/08/25 10-25
20293.50
Check#.: 056146 Check Date,: 04/08/25 Vendor I.D.: NUNOO {CABRERA, ELIZABETH) C50403- PERDIEM FOR LEAGUE OF CITIES LEADERSHIP SUMMIT 04/03/25 04-25 A 100 39025 04/08/25 10-25
481.52
Discount
Amount
,00
.00
PAGE:

ID U:

CTL.:
004
PY-CL
SAN
Net
Amount
20293.50
481.52
----------------------------------------------------------------------------------------------------------------------------------- Check #.: 056147 Check Date.: 04/08/25 Vendor I.D.: OFFOl (ODP BUSINESS SOLUTIONS, LLC) 15961001- PURCHASE JANITORIAL AND OFFICE SUPPLIES 04/03/25 04-25 A 100 39025 04/08/25 10-25
16253001- PURCHASE OFFICE SUPPLIES 04/03/25 04-25 A 100 39025 04/08/25 10-25
16256001- PURCHASE JANITORIAL SUPPLIES 04/03/25 04-25 A 100 39025 04/08/25 10-25
27885001- PURCHASE LASER PRINTER FOR CITY CLERK/ASSISTANT 04/03/25 04-25 A 100 39025 04/08/25 10-25
28420001- PURCHASE OFFICE: SUPPLIES 04/03/25 04-25 A 100 39025 04/08/25 10-25
H Vendor's Subtotal ----->
Check#.: 056148 Check Date.: 04/08/25 Vendor I,D,: PGEOO (PGE C50404- UTILITIES SERVICES FOR 23599 MANNING AVENUE 04/04/25 04-25 A 100 39025 04/08/25 10-25
232.74
750,52

21.26 574.95

61.58 ----------- 1641,05

24. 64
Check#.: 056149 Check Date.: 04/08/25 Vendor I,D,: PGE02 (PACIFIC GAS & ELECTRIC CO) C50404- UTILITIES SERVICES FOR 24000 COLORADO AVENUE 04/04/25 04-25 A 100 39025 04/08/25 10-25
Check#.: 056150 Check Date.: 04/08/25 Vendor I.D.: PGE04 (!?GE C50404- UTILITIES SERVICES FOR 22394 W. MANNING AVENUE 04/04/25 04-25 A 100 39025 04/08/25 10-25
Check#,: 056151 Check Date.: 04/08/25 Vendor I.D.: PGE05 {PGE C50404- UTILITIES SERVICES FOR 8599 EIGHTH STREET 04/04/25 04-25 A 100 39025 04/08/25 , 10-25
Check#.: 056152 Check Date.: 04/08/25 Vendor I.D.: PGE07 {PGE C50404- UTILITIES SERVICES FOR 8751 MAIN STREET 04/04/25 04-25 A 100 39025 04/08/25 10-25
4,62
495.66
1087 .39
257.04
. 00
.00
.00
,00
.00
---------- .00
.00
,00
.00
.00
,00
232.74
750.52

21. 26
574.95

61. 58
----------- 1641.05
24, 64

4.62 495.66
1087. 39
257.04
·----------------------------------------------------------------------------------------------------------------------------------- Check#.: 056153 Check Date.: 04/08/25 Vendor I.D.: PGEOB (PG&E C50404- UTILITIES SERVICES FOR 21956 RAILROAD AVENUE 04/04/25 04-25 A 100 39025 04/08/25 10-25

4. 64 .00 4. 64
----------------------------------------------------------------------------------------------------------------------------------- Check#.: 056154 Check Date.: 04/08/25 Vendor I.D.: PGE09 (PGE C50404- UTILITIES SERVICES FOR 22001 W, MANNING AVENUE 04/04/25 04-25 A 100 39025 04/08/25 10-25
1490. 56 .00 1490.56
------------------------------------------------------------------------------------------------------------------------------------ Check#.: 056155 Check Date.: 04/08/25 Vendor I,D.: PGE12 (PG&E C50404- UTILITIES SERVICES FOR WATER TANK 04/04/25 04-25 A 100 39025 04/08/25 10-25
6138. 34 .00 6138.34
---------------------------------------------------------------------------------------------------------------------------------- Check#.: 056156 Check Date,: 04/08/25 Vendor I.D.: PLA01 (REXEL USA INC.) 6C42724- PURCHASE LIGHT BULBS FOR STREETS & ROADS 04/04/25 04-25 A 100 39025 04/08/25 10-25

30. 74 .00 30,74
9 EPORT.: Apr 08 25 Tuesday
UN.,.,: Apr 08 25 Time: 10:56
un By.: Cindy Torres

CITY OF SAN JOAQUIN
Automatic Check Listing/Update
Control Date.: 04/08/25 Cash Account No.,: 999 10110
Invoice Actual
Date Period
Discount Gross
nvoice No Description Due Date Fiscal Tm G/L Account No Amount Check#.: 056157 Check Date.: 04/08/25 Vendor I.D.: RAMll (RAMIREZ, EVA) C50404- REFUND DEPOSIT FOR EVENT ON 3/15/25 AT VFW HALL 04/04/25 04-25 A 100 39025 04/08/25 10-25
175.00
Check#.: 056158 Check Date.· 04/08/25 Vendor I.D.: RDOOO (RDO EQUIPMENT CO.} 1?7879075- PURCHASE PUMP TO REPAIR VAC,TRAILER 04/04/25 04-25 A 100 39025 04/08/25 10-25
1064. 39
Check#.: 056159 Check Date.: 04/08/25 Vendor I.D.: RINGO (RINCON CONSULTANTS, INC.) 63919- PROFESSIONAL PLANNING SERVICES 04/04/25 04-25 A 100 39025 04/08/25 10-25
4210.50
Check JI,: 056160 Check Date.: 04/08/25 Vendor I,D,: RINOl (RINGCENTRAL INC.) 49662703- LEASE FOR TELEPHONES AT CITY HALL FOR MAY 2025 04/04/25 04-25 A 100 39025 04/08/25 10-25
Check#.: 056161 Check Date.: 04/08/25 Vendor I.D.: ROSOO {RSG, INC.} 13123- RSG 1485-SUCCESSOR AGENCY SERVICES 04/04/25 04-25 A 100 39025 04/08/25 10-25
291.53
341. 25
Check#.: 056162 Check Date.: 04/08/25 Vendor I.D.: SAN02 (SAN JOAQUIN VALLEY AIR) C372062- 25/26 ANNUAL PERMITS TO OPERATE AT 22394 W .MANNING 04/04/25 04-25 A 100 39025 04/08/25 10-25
C372068- 25/26 ANNUAL PERMITS TO OPERATE AT 23599 W.MANNING 04/04/25 04-25 A 100 39025 04/08/25 10-25
H Vendor's Subtotal----->
Check#.: 056163 Check Date,: 04/08/25 Vendor I,D,: SEB03 {SEBASTIAN) 10829809- SECURITY ALARMS FOR CITY FACILITIES 04/04/25 04-25 A 100 39025 04/08/25 10-25
Check#.: 056164 Check Date.: 04/08/25 Vendor I,D,: SEB05 (SEBASTIAN) 10829222- HIGH SPEED INTERNET FOR CITY HALL 04/04/25 04-25 A 100 39025 04/08/25 10-25
Check#.: 056165 Check Date.: 04/08/25 Vendor I.D.: SEB06 (SEBASTIAN) 10829844- WIRELESS BROADBAND/HIGH SPEED INTERNET@ PW 04/04/25 04-25 A 100 39025 04/08/25 10-25
Check#.: 056166 Check Date.: 04/08/25 Vendor I.D.: SEB07 {SEBASTIAN) 10827890- WIRELESS BROADBAND/HIGH SPEED INTERNET @VFW HALL 04/04/25 04-25 A 100 39025 04/08/25 10-25
Check#.: 056167 Check Date.: 04/08/25 Vendor I.D.: SEB08 (SEBASTIAN) 10827512- HIGH SPEED INTERNET COR LCCC 04/04/25 04-25 A 100 39025 04/08/25 10-25
10827631- HIGH SPEED INTERNET COR LCCC 04/04/25 04-25 A 100 39025 04/08/25 10-25
H Vendor's Subtotal ----->
290.00
290.00
----------- 580.00
349.75
129.95
199.90

69.95 239. 85
129.95
----------- 369.80
Discount
Amount
.00
.00
.00
.00
.oo
.00
.00
---------- .00
.00
. 00
. 00
.00
.00
.00
---------- .00
PAGE: 005
ID U: PY-CL
CTL.: SAN
Net
Amount
175, 00
1064. 39
4210.50
291. 53
341. 25
290.00
290.00
----------- 580.00
349.75
129.95
199.90

69.95 239.85
129.95
----------- 369,80
---------------------------------------------------------------------------------------------------------------------------------- Check#.: 056168 Check Date,: 04/08/25 Vendor I.D.: SEB09 {SEBASTIAN) 10829285- WIRELESS BROADBAND/HIGH SPEED INTERNET @SC 04/04/25 04-25 A 100 39025 04/08/25 10-25
269.85 ,00 269,85
----------------------------------------------------------------------------------------------------------------------------------- Check#,: 056169 Check Date.: 04/08/25 Vendor I,D,: SIEOl (SIERRA VALLEY COMPUTERS) 122- PURCHASE NEW SERVER FOR CITY HALL 04/07/25 04-25 A 100 39025 04/08/25 10-25
6776.91 .00 6776. 91
10 EPOR'l', : Apr 08 25 'fuesday
UN., .. : Apr 08 25 Time: 10:56
un By,: Cindy Torres

CITY OF SAN JOAQUIN
Automatic Check Listing/Update
Control Date.: 04/08/25 Cash Account No,,: 999 10110
Invoice Actual
Date Period
Discount Gross
nvoice No Description Due Date Fiscal Tm G/L Account No Amount Check#,: 056170 Check Date,: 04/08/25 Vendor I.D,: SPAOO (SPARKLETTS) 79031425- DRINKING WATER FOR PUBLIC WORKS DEPARTMENTS 04/04/25 04-25 A 100 39025 04/08/25 10-25
7 5. 48
Check n.: 056171 Check Date.: 04/08/25 Vendor I.D.: STAU2 {STAN VIERRA ELECTRIC) 137070- SERVICE REPAIR FOR MANNING LIFT STATION 04/04/25 04-25 A 100 39025 04/08/25 10-25
336.00
Discount
Amount
.00
.00
Check n.: 056172 Check Date.: 04/08/25 Vendor I,D,: SUP02 (SUPERIOR POOL PRODUCTS, LLC) Q2030265- PURCHASE SUPPLIES FOR WATER DEPARTMENT '04/04/25 04-25 A 100 39025 04/08/25 10-25
1788.95
Check#.: 056173 Check Date.: 04/08/25 Vendor I.D.: THE04 (THE SALVATION ARMY) /28/2025- HOT MEALS FOR FEBRUARY 2025
Check #.: 056174 Check Date.: 04/08/25
C50404- PAYROLL PERIOD 3/7/25 DEDUCTION FOR RETIREMENT
CC50404- PAYROLL PERIOD 3/21/25 DEDUCTION FOR RETIREMENT CCC50404- PAYROLL PERIOD 4/4/25 DEDUCTION FOR RETIREMENT Check *·: 056175 Check Date.: 04/08/25
80127868- UNIFORM SERVICES FOR PUBLIC WORKS DEPARTMENTS 80129438- UNIFORM SERVICES FOR PUBLIC WORKS DEPARTMENTS 80130595- UNIFORM SERVICES FOR PUBLIC WORKS DEPARTMENTS 80131955- UNIFORMS FOR PUBLIC WORKS DEPARTMENTS
04/04/25 04-25 A 100 39025
04/08/25 10-25
Vendor I.D.: TSAOl (TSA CONSULTING
04/04/25 04-25 A 100 39025
04/08/25 10-25
04/04/25 04-25 A 100 39025
04/08/25 10-25
04/04/25 04-25 A 100 39025
04/08/25 10-25
H Vendor's Subtotal ----->
2384. 11
GROUP)
150.00
150.00
150.00
---·------- 450.00
Vendor I ,D,: UNI08 (UNIFIRST CORPORATION)
04/04/25 04-25 A 100 39025 183.42
04/08/25 10-25
04/04/25 04-25 A 100 3902~ 172,75
04/08/25 10-25
04/04/25 04-25 A 100 39025 170.84
04/08/25 10-25
04/04/25 04-25 A 100 39025 170. 84
04/08/25 10-25
----------- Vendor's Subtotal -----> 697.85
Check jl,: 056176 Check Date.: 04/08/25 Vendor I.D.: VER03 {VERIZON WIRELESS) 09241630- WIRELESS PHONES FOR COUNCIL MEMBERS AND STAFF Check #.: 056177 Check Date.: 04/08/25
2118281- PURCHASE SUPPLIES FOR PUBLIC WORKS DEPARTMENTS 2121197- PURCHASE SUPPLIES FOR PARKS
04/04/25 04-25 A 100 39025
04/08/25 10-25
Vendor I.D.: WES22 (WEST SIDE
04/04/25 04-25 A 100 39025
04/08/25 10-25
04/04/25 04-25 A 100 39025
04/08/25 10-25

PUMP CO)
Vendor's Subtotal----->
1408. 77

7.15 83.07

90. 22
Check#.: 056178 Check Date.: 04/08/25 Vendor I.D,: WEST1 (WEST HILLS OIL) 265066- PURCHASE GASOLINE AND DIESEL FOR PW DEPARTMENTS 04/04/25 04-25 A 100 39025 04/08/25 10-25
** Total Checks Paid~---->
3197. 61
414366.55
.00
.00
. 00
.OD
.OD
---------- .OD
.00
.OD
.00
.OD
---------- .00
.OD
.OD
.00
.00
.OD
.oo
PAGE 006
ID # PY-CL

CTL, SAN
Net
Amount
7 5, 4 8
336. 00
1788.95
2384 .11
150.00
150.00
150.00
----------- 450,00
183.42
172.75
170.84
170.84
----------- 697,85
1408. 77
7 , 15
83,07

90.22 3197.61
414366,55
11 E:PORT.

UN .. ,,
l.Jn By.

Apr 08 25 Tuesday CITY OF SAN JOAQUIN
Automatic Check Listing/Update
PAGE::

Apr ID II: 08 25 Time: 10;56
Cindy Torres General Ledger Accounts Summary for April OB, 2025 Accounting Period is Apri.l, 2025
CTL,:

G/L Account No Total Amount
-------------- ------------- 100 20000 54637.26
105 20000 592.48
201 20000 294, 72
202 20000 550.47
205 20000 5069.18
210 20000 5385.88
221 20000 19284.53
280 20000 861.27
500 20000 26445.66
510 20000 26161.21
866 20000 2384 .11
871 20000 20893.03
877 20000 228.80
880 20000 251577.95
999 10110 -414366.55
Ctr G/L Account No Total Amount
-------------- ------------- 210 100 20000 269.85
215 100 20000 1965.51
Extension
------------- 54637,26
55229.74
55524.46
56074.93
61144.11
66529.99
85814 .52
86675.79
113121.45
139282.66
141666. 77
162559.80
16278B. 60
414366.55
.00
Extension
------------- 269.85
2235.36
FUND Description ACCT Description DEPT Description
GENE:RA.L FUND
REFUSE:-COMMERCI
MEAS C/STRE:ET
MEAS C/FLE:X

GAS TAX

LTF STRTS/ROADS
AB 1913/COPS

LANDSCAPE MAINT
WATER
SEWER
(ARPA) CLFRF
PUB SAFETY $ 2M

CYO CDBG
SRF

CASH CLEARING
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Cash-Checking/United
FUND Description ACCT Description DEPT Description

GENERAL FUND

GENERAL FUND
Accounts Payable
Accounts Payable
007
PY-CL
SAN
12 8PORT, Apr 30 25 Wednesday
JN .... Apr 30 25 Time: 11:16 un By. Cindy Torres

CITY OF SAN JOAQUIN
Automatic Check Listing/Update
Control Date.: 04/30/25 Cash Account No .. : 999 10110
Invoice Actual
Date Period
Discount Gross
nvoice No Description Due Date Fiscal Tm G/L Account No Amount Check fl,: 0561B3 Check Date.: 04/30/25 Vendor I,D,: ADAOl (ADAMS ASHBY GROUP, INC,) 7095- LABOR COMPLIANCE FOR WELL ff6 FROM SRF FUNDING 04/24/25 04-25 A 100 39025 04/30/25 10-25
70 96- GENERAL ADMINISTRATION FOR 21-CDBG-NH-20001 GANG 04/24/25 04-25 A 100 39025 04/30/25 10-25
" Vendor's Subtotal ----->
Check#,: 056184 Check Date.: 04/30/25 Vendor I,D.: ALHOl (SPARKLETTS) 81040125- DRINKING WATER FOR CITY HALL 04/24/25 04-25 A 100 39025 04/30/25 10-25
Check#.: 056185 Check Date.: 04/30/25 Vendor I.D.: AT&Tl (AT&T C50425- TELEPHONE SERVICES FOR 559.693,2509 04/25/25 04-25 A 100 39025 04/30/25 10-25
Check ff,: 056186 Check Date.: 04/30/25 Vendor I,D.: AT&T2 (AT&T C50424- TELEPHONE SERVICES FOR 559,693.4311 04/24/25 04-25 A 100 39025 04/30/25 10-25
2500.00
21B7.50
----------- 4687,50

72. 47

49.63 74.17
Discount
Amount
,00
.00
---------- .00
.00
.00
.00
Check #.: 056187 Check Date.: 04/30/25 Vendor I. D.: ATROO (ATR MOBILE EQUIPMENT REPAIR INC) 00000634- REPAIR DEUTZ AGRO 75 SCRAPER TRACTOR FOR PW DEPT. 04/24/25 04-25 A 100 39025 04/30/25 10-25
Check#.: 056188 Check Date.: 04/30/25 Vendor I.D.: BADOO (BADGER METER INC,) 80189744- BEACON SERVICES FOR MARCH 2025 WATER METERS 04/24/25 04-25 A 100 39025 04/30/25 10-25
761.50 .00
698.28 .00
PAGE 001
ID !I PY-CL

CTL, SAN
Net
Amount
2500.00
2187,50
----------- 4687,50

72. 47
4 9. 63

74.17 761. 50
698,28
Check#,: 056189 Check Date.: 04/30/25 Vendor I,D,: BLEOO (BLESSED APPLIANCE AIR CONDITIONING & HEA) ijyardac- REPAIR PUBLIC WORKS DEPARTMENTS AC UNIT
Check #.' 056190 Check Date. : 04/30/25
AI10942- WATER ANALYSIS
Ailll 75- WATER ANALYSIS
Aill.318- WATER ANALYSIS
AI11567- WATER ANALYSIS
04/24/25 04-25 A 100 39025
04/30/25 10-25
Vendor I .D.: BSKOl {BSK ASSOCIATES
04/24/25 04-25 A 100 39025
04/30/25 10-25
04/24/25 04-25 A 100 39025
04/30/25 10-25
04/24/25 04-25 A 100 39025
04/30/25 10-25
04/24/25 04-25 A 100 39025
04/30/25 10-25
H Vendor's Subtotal ----->
425.00

ENGINEERS)
104.52
293.56
208. 45
180.10
----------- 786.63
Check#.: 056191 Check Date.: 04/30/25 Vendor I.D.·: CALlO (CALIFORNIA WATER SERVICES) 055971IN- WATER & WASTEWATER TREATMENT FACILITY OPERATIONS 04/25/25 04-25 A 100 39025 04/30/25 10-25
24172.15
Check#.: 056192 Check Date.: 04/30/25 Vendor I,D,: CALI8 (CALIFORNIA RURAL WATER) C50424- MEMBERSHIP DUES FOR MAY 2025 THRU MAY 2026 04/24/25 0~-25 A 100 39025 04/30/25 10-25
782.00
Check#,: 056193 Check Date.: 04/30/25 Vendor I.D.: CINOO (CINTAS CORPORATION NO. 2) 64649204- PURCHASE SUPPLIES FOR FIRST AID BOXES 04/24/25 04-25 A 100 39025 04/30/25 10-25
238.20
Check#,: 056194 Check Date.: 04/30/25 Vendor I,D.: COROl (CORBIN WILLITS SYSTEMS) 0C504151- ENHANCEMENT AND SERVICE FEES 04/25/25 04-25 A 100 39025 04/30/25 10-25
692. 93
.00 425.00
.00 104 .52
.00 293.56
.00 208.45
.00 180.10
---------- ----------- .00 786.63
. 00 24172,15
.00 782.00
.00 238.20
.00 692.93
13 tE:PORT.
tUN ••••
tun By.

Apr 30 25 Wednesday
Apr 30 25 Time: 11:16
Cindy Torres
nvoice No Description

CITY OF SAN JOAQUIN
Automatic Check Listing/Update
ControJ. Date.: 04/30/25 cash Account No .. : 999 10110 Invoice ActuaJ.

Date Period
Discount Gross
Due Date Fiscal Tm G/L Account No Amount
Check#.: 056195 Check Date.: 04/30/25 Vendor I.D.: DAW03 (DAWSON-MAULDIN LLC) 'AYMENT15- PROJECT: 1010034-005C PHASE I WELL NO. 6 CONST, 04/24/25 04-25 A 100 39025 04/30/25 10-25
165941. 25
Discount
Amount
,00
PAGE:

ID If:

CTL,:
002
PY-CL
SAN
Net
Amount
165941.25
Check#,: 056196 Check Date,: 04/30/25 Vendor I.D.: DEL03 (DE LAGE LANDEN FINANCIAL SERVICES, INC.) -89986785- LEASE FOR SHARP/MX-6071 PRINTER AT CITY HALL 04/24/25 04-25 A 100 39025 04/30/25 10-25
155.16
Check#.: 056197 Check Date.: 04/30/25 Vendor I.D.: DGCOO (DG CALIFORNIA SOLAR, LLC) 937903- INVOICE FOR SOLAR METER ENERGY FOR CITY FACILITIES 04/24/25 04-25 A 100 39025 04/30/25 10-25
9366. 54
.00 155.16
.00 9366.54
Check#.: 056198 Check Date,: 04/30/25 Vendor I.D.: DRPOO (DR. PATRICK SMITH VETERINARY HOUSECALLS) uth2dogs- EUTHANISE IMPOUNDED SERVICES FOR ANIMAL CONTROL 04/24/25 04-25 A 100 39025 04/30/25 10-25
700,00 .oo 700.00
--------------------------------------------------------------------------------------------------------------------------------- Check#.: 056199 Check Date,: 04/30/25 Vendor I.D.: FOAOO (FIRE RISK MANAGEMENT SERVICES) MAY-2025- E.:MPLOYEES HE.:ALTH,DENTAL AND VISION INSURANCES 04/24/25 04-25 A 100 39025 25386.23 , 00 25386.23 04/30/25 10-25
.PRIL2025- EMPLOYEES HEALTH, DENTAL AND VISION INSURANCES 04/24/25 04-25 A 100 39025 24497.07 . 00 24497.07 04/30/25 10-25
----------- ---------- ----------- H Vendor's Subtotal ---·--> 49883.30 .00 49883.30 ----------------------------------------------------------------------------------------------------------------------------------- Check#.: 056200 Check Date.: 04/30/25 Vendor I.D.: FRETO (FRESNO COUNTY CLERK/REGISTRAR OF VOTERS) 171- PUBLICATION AND SALARIES-SAN JOAQUIN CITY COUNCIL 04/24/25 04-25 A 100 39025 04/30/25 10-25
931.47 .00 931, 4 7
------------------------------------------------------------------------------------------------------------------------------- Check #. : 056201 Check Date,: 04/30/25 Vendor I.D.: FR002 {FRONTIER) C50424- TELEPHONE SERVICES FOR 559,693.2051 04/24/25 04-25 A 100 39025 92.40 . 00 92. 40 04/30/25 10-25
----------------------------------------------------------------------------------------------------------------------------------- Check #.: 05 6202 Check Date.: 04/30/25 Vendor I.D.: GAROO {GARCIA TIRE & AUTO REPAIR) 22001- REPAIR FLAT TIRE FOR 808 CAT QUINN CAT 04/24/25 04-25 A 100 39025 59. 03 ,00 59.03 04/30/25 10-25
22067- REPAIR FLAT TIRE FOR PUBLIC WORKS DEPARTMENTS 04/24/25 04-25 A 100 39025 13.00 .00 13.00 04/30/25 10-25
22132- REPAIR FLAT TIRE FOR PUBLIC WORKS DEPARTMENTS 04/24/25 04-25 A 100 39025 13.00 .00 13.00 04/30/25 10-25
22428- REPAIR FLAT TIRE FOR WATER TRUCK FOR PW DEPT, 04/25/25 04-25 A 100 39025 17.00 .00 1 7. 00 04/30/25 10-25
----------- ---------- ----------- H Vendor's Subtotal-----> 102.03 .00 102. 03 ----------------------------------------------------------------------------------------------------------------------------------- Check #.: 056203 Check Date.: 04/30/25 Vendor I ,0.: GOUOl (GOUVEIA ENGINEERING INC) 17432- PROJECT: 310.03 DBE PLAN-ADA COMPLIANCE-OAP 04/30/25 04-25 A 100 39025 1071. 53 .oo 1071.53 04/30/25 10-25
17 4 33- PROJECT: 325.01 PUBLIC WORKS GENERAL 04/30/25 04-25 A 100 39025 164.85 .00 164,85 04/30/25 10-25 17434- PROJECT:330.01 SEWER GENERAL 04/25/25 04-25 A 100 39025 1334.73 .00 1334.73 04/30/25 10-25
17435- PROJECT:340.13-1 WELL 6 CONSTRUCTION MANAGEMENT 04/25/25 04-25 A 100 39025 9667.80 .oo 9667,80 04/30/25 10-25
17436- PROJECT:340,13-2 WELL 6 ADMINISTRATION 04/25/25 04-25 A 100 39025 891. 25 .00 891.25 04/30/25 10-25
17437- PROJECT:340,14-1 WELL 3 ' 5 MANGANESE D8SIGN 04/25/25 04-25 A 100 39025 5800.00 .00 5800.00 04/30/25 10-25
17438- PROJECT: 34 0, 14-2 W8LL 3 ' 5 MANGAN8SE CONSTR MGMT 04/25/25 04-25 A 100 39025 12726.15 .00 12726.15 04/30/25 10-25
17439- PROJECT:340,14-3 WELL 3 ' 5 MANGANESE ADMIN 04/25/25 04-25 A 100 39025 805.00 .00 805.00 04/30/25 10-25
17440- PROJECT:340.15-1 WELL 4 ' 6 MANGANESE DESIGN 04/25/25 04-25 A 100 39025 4600.00 .oo 4600.00 04/30/25 10-25
17441- PROJECT:340.15-2 WELL 4 ' 6 MANGANESE CONSTR MGMT 04/25/25 04-25 A 100 39025 31478,65 .00 31478.65 04/30/25 10-25
17442- PROJECT:340.15-3 WELL 4 ' MANGANESE ADMIN 04/25/25 04-25 A 100 39025 805.00 .00 805,00 04/30/25 10-25
17 4 4 3- PROJECT:345.01 STREETS MISCELLANEOUS 04/25/25 04-25 A 100 39025 2786.44 • 00 2786.44 04/30/25 10-25
17447- PROJECT:375.08 TRACT 6456 SUBDIVISION 04/25/25 04-25 A 100 39025 935.55 ,00 935,55 04/30/25 10-25
17448- PROJECT:385.10 DOLLAR GENERAL IMPROVE PLAN REVIEW 04/25/25 04-25 A 100 39025 428.40 .00 428.40 04/30/25 10-25
14 EPORT,
UN ....
un By.

Apr 30 25 Wednesday
Apr 30 25 Time: 11:16
Cindy Torres
nvoice No Description
Control Date.

CITY OF SAN JOAQUIN
Automatic Check Listing/Update
04/30/25 Cash Account No .. : 999 10110
Invoice Actual
Date Period
Discount Gross
Due Date Fiscal Tm G/L Account No Amount
Check#.: 056203 Check Date.: 04/30/25 Vendor I.D.: GOUOl (GOUVEIA ENGINEERING INC) 17 4 4 9- PROJECT:390,02 ASSESSMENTS FOR LLMD 04/25/25 04-25 A 100 39025 55 .13 04/30/25 10-25
17452- PROJECT:340.04 GROUNDWATER MONITORING REPORTING 04/25/25 04-25 A 100 39025 2937.00 04/30/25 10-25
----------- ,. Vendor's Subtotal -----> 76487.48
Discount
Amount
,00
,00
---------- ,00
PAGE
ID ff
CTL.
003
PY-CL
SAN
Net
Amount
55 .13
2937,00
----------- 76487.48
Check ff,: 056204 Check Date,: 04/30/25 Vendor I.D,; GRU02 (GRUPO VIDA NUEVA SAN VICENTE DE PAUL CHU) C50424- REFUND DEPOSIT FOR EVENT ON 4/12/25-4/13/25 04/24/25 04-25 A 100 39025 04/30/25 10-25
17 5, 00
Check ff,: 056205 Check Date.: 04/30/25 Vendor I,D,: HOMOl (HOME DEPOT CREDIT SERVICES) C50425- PURCHASE SUPPLIES FOR PUBLIC WORKS DEPARTMENTS 04/25/25 04-25 A 100 39025 04/30/25 10-25
23 6. 94
,oo
,00
Check#.: 056206 Check Date.: 04/30/25 Vendor I.D.: INTOO {INTERWEST CONSULTING GROUP, INC.) 1613326- PROFESSIONAL PLANNNING SERVICES FOR 3/1/25-3/31/25 04/25/25 04-25 A 100 39025 04/30/25 10-25
Check #'' 05 6207 Check Date,: 04/30/25 Vendor I.D,: KER34 (KERWEST 4 7 4 5- ADVERT PLANNING COMMISSION 04/25/25 04-25 A 100 39025 04/30/25 10-25
4752- ADVERT FOR PROOF OF PUBLICATION PLANNING COMMISSIO 04/25/25 04-25 A 100 39025 04/30/25 10-25
4 7 5 7- ADVERT FOR UTILITIES TECHNICIAN 04/25/25 04-25 A 100 39025 04/30/25 10-25
4 7 58- ADVERT COR MAINTENANCE WORKER 04/25/25 04-25 A 100 39025 04/30/25 10-25
12611,65 ,00
INC.}
515.50 ,00
595.00 ,00
1380.00 ,00
1380. 00 ,00
----------- ---------- H Vendor's Subtotal-----> 3870,50 Check#.: 056208 Check Date.: 04/30/25 Vendor I.D.: MID02 (MID VALLEY DISPOSAL INC,) ~RCH2025- CONTRACT SOLID SERVICES FOR MARCH 2025 04/29/25 04-25 A 100 39025 04/30/25 10-25
17927. 95
Check#.: 056209 Check Date.: 04/30/25 Vendor I,D.: MOUOO (MOUNTAIN VALLEY PEST CONTROL) 19342397- PEST CONTROL SERVICES FOR CITY FACILITIES 04/25/25 04-25 A 100 39025 04/30/25 10-25
275,00
Check#,: 056210 Check Date.: 04/30/25 Vendor I.D.: MULOO (MULTI SERVICE TECHNOLOGY, INC,} 45ea268e- PURCHASE SUPPLIES FOR PUBLIC WORKS DEPARTMENTS 04/25/25 04-25 A 100 39025 04/30/25 10-25
Check#.: 056211 Check Date.: 04/30/25 Vendor I,D,: PGEOO (PGE C50425- UTILITIES SERVICES FOR 22599 MANNING AVENUE 04/25/25 04-25 A 100 39025 04/30/25 10-25
172 .10

25. 46
Check#.: 056212 Check Date,: 04/30/25 Vendor I.D.: PGEOl (PACIFIC GAS AND ELECTRIC) C50425- UTILITIES SERVICES FOR CITY FACILITIES 04/25/25 04-25 A 100 39025 04/30/25 10-25
Check tt.: 056213 Check Date.: 04/30/25 Vendor I.D.: PGE04 (PGE C50425- UTILITIES SERVICES FOR 22394 W. MANNING AVENUE 04/25/25 04-25 A 100 39025 04/30/25 10-25
Check#.: 056214 Check Date.: 04/30/25 Vendor I,D.: PGE05 (PGE C50425- UTILITIES SERVICES FOR 8599 EIGHTH STREET 04/25/25 04-25 A 100 39025 04/30/25 10-25
6933 .40
227,54
856.41
,00
,00
,00
,00
,00
,00
,00
,00
17 5. 00
.236,94
12611. 65
515.50
595.00
1380.00
1380.00
----------- 3870.50
17927.95
275.00
172,10
25, 4 6
6933. 40
227.54
856.41
15 HAND CHECKS FOR APRIL 2025

VENDOR VBNDOR NAME INVOICE DESCRIPTION CHECK NUMBER CHECK DATE PAY EXACTLY smo1 SIERRA VALLEY COMPUTERS PAYMllNT FOR INVOICE #123 & INVOICE #124 56179 4 24/2025 ., 15,779.81 TRAOS TRANnrnu.rrv FFA ALUMNI AND SUPPORTERS REIMBURSEMENT FOR FOOD & PARK!NG EXPENSES 56180 424 2025 $ 1,664.89 DOMOO DOMINGUEZ, AI.FONSO llOOT ALLOWANCE FOR PUBLIC WORKS DEPTS. 56181 430 2025 $ 175.00 SANJS SAN lOAOU!N FOODLAND PURCHASE SUPPLIES FOR PUBLIC WORKS 56182 4 30 2025 $ 1,402.33 SIEOl SlllRRA VAL,LEY COMPUTERS REMAINING BALANCE FOR NEW SERVER 562Z9 4 30 2025 $ 20,00

STAFF REPORT
Date: May 6, 2025
To: Honorable Mayor and Members of the San Joaquin City Council From: Noe Martinez, Gouveia Engineering Inc.

Reviewed By: Elizabeth Cabrera, City Manager
SUBJECT:

Resolution of the City Council of the City of San Joaquin Approving the FY 25/26 List of Eligible Projects for Funding from the Road Maintenance and Rehabilitation Account (RMRA) created by Senate Bill (SB) 1 Road Repair and Accountability Act of 2017, and Authorizing the City Manager to file with the California Transportation Commission the Project List and the Annual Expenditure Report for FY 25/26 RMRA Funding.

DESCRIPTION:

Every year the City of San Joaquin must adopt a resolution approving the list of eligible projects for SB 1 RMRA Funding for allocation eligibility in the upcoming fiscal year. A new resolution is needed for the FY 25/26 funding allocation.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2025-19, as follows:

1. Approving the City of San Joaquin FY 25/26 List of eligible projects for funding from the Road Maintenance and Rehabilitation Account administered by the California Transportation Commission (CTC) in partnership with the State Controller’s office, and

2. Authorizing the City Manager to file with the California Transportation Commission the Project List and Annual Expenditure Report for FY 25/26 RMRA Funding SUMMARY:

City Council to approve the SB 1 RMRA Project List for Fiscal Year 2025-2026.

BACKGROUND:

Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor on April 28, 2017, in order to address the transportation funding shortfalls statewide. Findings from the 2016-2023 California Statewide Local Streets and Roads Needs Assessments show that a majority of the city streets and roads in California are at an “at-risk” condition and this funding will provide for improving the roads system. It is anticipated that over the current decade and beyond, SB 1 will contribute to restoring streets and roads into a “good” condition. SB 1 funding is generated from increased gasoline and diesel fuel excise taxes and additional vehicle registration fees for California residents.
16 SB 1 includes accountability and transparency provisions to ensure the funding is used promptly for eligible transportation projects including, but not limited to, road maintenance and rehabilitation, safety projects, railroad grade separations, “complete streets” components, and traffic control devices. Funding recipients must prepare a list of eligible projects to receive funding from the Road Maintenance and Rehabilitation Account on a fiscal year basis. This list must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. Funding recipients are also required to prepare annual reports to indicate expenditure levels and completion status for each proposed project on a fiscal year basis.

Cities and counties receive an annual allocation, determined from a population formula, which is distributed on a monthly basis. SB 1 mandates that this new RMRA funding must not be used to supplant the current level of General Fund expenditures for street improvements and will be subject to oversight by the State Controller as part of the accountability and transparency provisions.

DISCUSSION:

This year’s allocation corresponds to the ninth year of funding and the eight consecutive full allocation since the program’s inception. The funds were first made available to cities and counties during Fiscal Year 2017-2018 as a partial allocation from the regular fiscal year amount.

In order to receive the FY 25/26 SB 1 funding, the City of San Joaquin must submit to the California Transportation Commission by July 1, 2025, or as extended by the Commission, a list of eligible projects approved by resolution by the City Council and submitted electronically using the CTC-developed online tool.

The City did not add any new projects for this funding allocation but has determined a project list solely from the previously proposed and adopted (Re-listed) projects to be partially or solely funded with the SB 1 RMRA FY 25/26 allocation.

The City of San Joaquin’s FY 25/26 allocation is estimated at $97,024 per the Local Streets and Roads – Projected Revenues dated January, 2025, and as published by the California City Finance website. It is recommended that these funds be designated to the following Re-listed eligible projects:

1. Idaho Avenue Reconstruction (from 9th Street to Main Street) – Re-listed

2. Nevada Avenue Overlay (from 5th Street to 8th Street) – Re-listed

3. Nevada Avenue Overlay (from 9th Street to Main Street) – Re-listed

4. Roadway Sealing Project (various streets: First Street, Anabella, Helm, 2nd Street, 3rd Street, 1st Street Court, 2nd Street Court, 4th Street and West Nevada) – Re-listed

5. 6th Street Repairs (from Colorado to Nevada Street) – Re-listed

6. Oregon Avenue Reconstruction (from 9th Street to Pine Street) – Re-listed

7. Railroad Avenue Reconstruction (from Pine Street to Sutter Avenue) – Re-listed

8. CMAQ Sidewalk Infill Project (various streets: Manning, Oregon, Idaho, Main, Railroad, Colorado and 5th Street) – Re-listed
The attached project list (Exhibit 1) provides more detail including the project description, location, estimated completion date, and useful life.

The City’s FY 25/26 Budget will include the following revenue and expenditure items for the FY 25/26 SB 1 RMRA Allocation:
17 Revenue: Road Maintenance and Rehabilitation Account: $97,024 Expenditure: Road Maintenance and Rehabilitation Projects: $97,024 FISCAL IMPACT:

The expenditures for the FY 25/26 eligible projects will be fully funded from the City’s Road Maintenance and Rehabilitation Account. The proposed project expenditures for FY 25/26 shall match the anticipated revenue of $97,024 for FY 25/26.

ATTACHMENTS:

1. Resolution No. 2025-19

2. Exhibit 1 - FY 25/26 Project List
18

RESOLUTION NO. 2025-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN APPROVING THE CITY OF SAN JOAQUIN FY 2025/2026 LIST OF ELIGIBLE

PROJECTS FOR FUNDING FROM THE ROAD MAINTENANCE AND
REHABILITATION ACCOUNT (RMRA) CREATED BY SENATE BILL 1:

ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, AND AUTHORIZING

THE CITY MANAGER TO FILE WITH THE CALIFORNIA

TRANSPORTATION COMMISSION THE PROJECT LIST AND ANNUAL
EXPENDITURE REPORT FOR FY 2025/2026 RMRA FUNDING
WHEREAS, the City of San Joaquin is eligible to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) created by Senate Bill (SB) 1, Road Repair and Accountability Act of 2017, passed by the Legislature and signed into law by the Governor on April 28, 2017, in order to address the transportation funding shortfalls statewide; and
WHEREAS, RMRA funding is generated from increased gasoline and diesel fuel excise taxes and additional vehicle registration fees for California residents, cities and counties receive an annual allocation, determined from a population formula, which is distributed on a monthly basis; and
WHEREAS, SB 1 includes accountability and transparency provisions to ensure the funding is used promptly for eligible transportation projects including, but not limited to, road maintenance and rehabilitation, safety projects, railroad grade separations, “complete streets” components, and traffic control devices, this new RMRA funding must not be used to supplant the current level of General Fund expenditures for street improvements and will be subject to oversight by the State Controller’s office; and WHEREAS, funding recipients must prepare a list of eligible projects to receive funding from the Road Maintenance and Rehabilitation Account on a fiscal year basis and approved by resolution by the governing board. This list must include a description and location of each proposed project, a proposed schedule for completion, and the estimated useful life of the improvements; and
WHEREAS, the City has ensured public input and developed the most high-priority and cost-effective projects to receive SB 1 revenues and that would meet the City’s priorities for transportation investment; and
WHEREAS, the list of selected projects is solely comprised of previously proposed and adopted (Re-listed) projects that will be partially or solely funded with the FY 25/26 allocation. With the relisting of previously proposed and adopted projects in this resolution, the City is reaffirming the public and the State, the City’s intent to fund these projects with Road Maintenance and Rehabilitation Account revenues; and 19

WHEREAS, the City of San Joaquin’s FY 2025/2026 allocation for RMRA funding is estimated at $97,024 and the City intends to appropriate these funds on its FY 25/26 Budget; and
WHEREAS, the City’s FY 2025/2026 allocation will be designated to the eligible projects listed below and as shown on Exhibit 1:

1. Idaho Avenue Reconstruction (from 9th Street to Main Street) – Re-listed

2. Nevada Avenue Overlay (from 5th Street to 8th Street) – Re-listed

3. Nevada Avenue Overlay (from 9th Street to Main Street) – Re-listed

4. Roadway Sealing Project (various streets: First Street, Anabella, Helm, 2nd Street, 3rd Street, 1st Street Court, 2nd Street Court, 4th Street and West Nevada) – Re-listed

5. 6th Street Repairs (from Colorado to Nevada Street) – Re-listed

6. Oregon Avenue Reconstruction (from 9th Street to Pine Street) – Re-listed

7. Railroad Avenue Reconstruction (from Pine Street to Sutter Ave) – Relisted

8. CMAQ Sidewalk Infill Project (various streets: Manning, Oregon, Idaho, Main, Railroad, Colorado and 5th Street) – Re-listed; and WHEREAS, the above listed projects and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits for the City of San Joaquin and its residents.

WHEREAS, the City is required to submit to the California Transportation Commission by July 1, 2025, or as extended by the Commission, the FY 2025/2026 List of eligible projects and a resolution that shows these projects were approved to receive FY 25/26 SB 1 funds; and
WHEREAS, funding recipients must prepare an annual report to indicate expenditure levels and completion status for each proposed project on a fiscal year basis.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Joaquin hereby:

1. The above recitals are true and correct findings of the San Joaquin City Council.

2. The City Council hereby approves the above proposed FY 2025/2026 List for eligible projects to receive funding from the Road Maintenance and Rehabilitation Account.

3. The FY 25/26 SB 1 RMRA funds will be appropriated on the City’s FY 25/26 Budget.
20

4. The City Manager is hereby authorized and directed to submit to the California Transportation Commission the Project List and Annual Expenditure Report for FY 2025/2026 RMRA Funding.

Passed and adopted this 6th day of May, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adam Flores-Cornejo, Mayor
City of San Joaquin
ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of San Joaquin this 6th day of May, 2025.
___________________________
Matthew Flood, City Clerk
of the City of San Joaquin
21 STATE OF CALIFORNIA • CALIFORNIA TRANSPORTATION COMMISSION Senate Bill (SB) 1 Proposed Project List Form
Agency Contact:

Elizabeth Cabrera
(559) 693-4311
LoCode: 5245 [email protected]
PreConstruction
Construction Min. Max.

PP01 Idaho Avenue Reconstruction (Relisted)
Roadway reconstruction In the City of San Joaquin between 9th Street and Main Street.
08/2031 08/2032 10 20
PP02 Nevada Avenue Overlay (Relisted)
Roadway overlay In the City of San Joaquin between 5th
Street and 8th Street.
08/2030 08/2031 10 20
PP03 Nevada Avenue Overlay (Relisted)
Roadway overlay In the City of San Joaquin between 9th
Street and Main Street.
08/2030 08/2031 10 20
PP04
Roadway Sealing Project (Relisted)Roadway crack sealing and slurry sealing. At various locations in the City of San Joaquin; First St from Colorado to
Annabella, Annabella from Helm to 4th St,
Helm from Colorado to California, 2nd St
from Annabella to Helm, 3rd St from
Annabella to Helm, 1st St Court, 2nd St
Court, 4th St from Annabella to West
Nevada, West Nevada from 3rd St to 5th
St, White St from 3rd St to 5th St
08/2029 08/2030 5 10
PP05 6th Street Repairs Project (Relisted)
Roadway reconstruction In the City of San Joaquin Between Colorado Avenue and Nevada Avenue.
08/2030 08/2031 10 20
PP06 Oregon Avenue Reconstruction
(Re-listed)
Roadway reconstruction In the City of San Joaquin Between 9th Street and Pine Street.
08/2033 08/2034 10 20
PP07 Railroad Avenue Reconstruction
(Re-listed)
Roadway reconstruction In the City of San Joaquin Between Pine Street and Sutter Avenue
08/2027 08/2028 10 20
Estimated
Useful Life
(# of yrs)
Local Streets and Roads Program
Project
No.

Project Title Project Description Project Location
Estimated Completion Date
(mm/dd/yyyy)
FY
25/26
Agency Name:

San Joaquin
Summary of Proposed Project List
1 of 2
Exhibit 1
22 I
STATE OF CALIFORNIA • CALIFORNIA TRANSPORTATION COMMISSION Senate Bill (SB) 1 Proposed Project List Form
Agency Contact:

Elizabeth Cabrera
(559) 693-4311
LoCode: 5245 [email protected]
PreConstruction
Construction Min. Max.

Estimated
Useful Life
(# of yrs)
Local Streets and Roads Program
Project
No.

Project Title Project Description Project Location
Estimated Completion Date
(mm/dd/yyyy)
FY
25/26
Agency Name:

San Joaquin
Summary of Proposed Project List
PP08
CMAQ Sidewalk Infill Project (Relisted)Construct new sidewalk improvements At various locations in the City of San Joaquin; Manning from Colorado to Idaho
Ave, Manning from Oregon to 9th St,
Oregon from 9th to Pine Ave, Idaho from
Main to 9th St, Main from Idaho to
Colorado Ave, Railroad from Main to
Manning Ave, Colorado from 9th to 6th
Ave, 5th from Nevada to California Ave
08/2027 08/2028 10 20
PP09
PP10
PP11
PP12
PP13
PP14
PP15
PP16
PP17
PP18
PP19
PP20
PP21
PP22
2 of 2
Exhibit 1
23 I

STAFF REPORT
Date: May 6, 2025
TO: Honorable Mayor and Councilmembers
FROM: Mario B. Gouveia, City Engineer
REVIEWED BY: Elizabeth Cabrera, City Manager
SUBJECT:

A Resolution of the City Council of the City of San Joaquin of Intention to Levy and Collect the Annual Assessments for Landscape and Lighting District No. 92-3 and set the date for the required Public Hearing for June 3, 2025. (Pursuant to the Landscaping and Lighting Act of 1972)
RECOMMENDATION:

Staff recommends that Council adopt Resolution No. 2025-20 and declare the City’s intention to levy and collect the Annual Assessments for Landscape and Lighting District No. 92-3, and hold a public hearing on June 3, 2025 to hear public testimony regarding the assessments.

BACKGROUND:

On March 4, 2025, the City Council of the City of San Joaquin initiated proceedings for the Annual Levy of Assessments for Assessment District No. 92-3 (Pursuant to the Landscaping and Lighting Act of 1972), and the City Engineer was directed to prepare the Engineer’s report for the annual levy.

Three meetings are required to complete the annual assessment process. The City Engineer has prepared a preliminary Engineer’s Report of the City of San Joaquin Landscaping and Lighting District No. 92-3, dated May 2025, and filed the report with the City Clerk. At this regular meeting on May 6, 2025, the City Council will review the draft annual Engineer’s Report detailing the annual assessments and consider the attached Resolution No. 2025-20 declaring the City’s intention to levy and collect the annual assessments.

Staff is not seeking adoption of the Engineer’s Report until the third required meeting.

The attached resolution sets a public hearing on the proposed levy for June 3, 2025 at 6:00 p.m., in the regular meeting place of the Council of the City of San Joaquin, Council Chambers, 21991 Colorado Avenue, San Joaquin, California 93660. The public hearing is held to allow persons to be heard on the intention to levy assessments. During this hearing, interested persons have the opportunity to object to the proposed assessment and be heard by the legislative body. Written protests may be filed with the City Clerk at any time prior to the conclusion of the hearings. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by the protesting person or persons.

The public hearing will serve as the third required meeting, and staff will seek Council’s formal adoption of the annual Engineer’s Report at that time.

The yearly assessments established for all properties within the District fund the City’s maintenance of streetlight, street, public landscape, and park facilities. The assessments for Areas 1-4 remain unchanged from last year. Assessments for lots in Areas 1 through 4 cannot be raised without a vote of the lot owners per the requirements of Proposition 218. The assessments for Areas 5 and 6 have been adjusted based upon 24 the Consumer Price Index. The Consumer Price Index increased by 2.9% in 2024. The maximum annual CPI adjustment is not to exceed 3%. In accordance with the foregoing limitations, the assessments for fiscal year 2025-2026 will increase by 2.9%.

As required by the Landscaping and Lighting Act of 19723, the preliminary Engineer’s Report for Assessment District No. 92-3 is on file with the City Clerk. The preliminary Engineer’s Report has a full and detailed description of the improvements, the boundaries of the Assessment District and any zones therein, and the proposed assessments upon the assessable lots and parcels of land within the District.

Payment of the assessment will be collected with the property tax. Any excess funds over the actual cost of maintenance and administration at the end of the year will be credited to future assessments, and any deficits may be added to future assessments.

FISCAL IMPACT:

It is anticipated the City will collect approximately $30,334.50 from the City of San Joaquin Landscaping and Lighting Maintenance District No. 92-3 Assessments to cover estimated maintenance, utility and administration expenses for Fiscal Year 2025-2026.

ATTACHMENTS:

Resolution 2025-20
Engineer’s Report May 2025
25 1 | Page
RESOLUTION NO. 2025-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN,

CALIFORNIA OF INTENTION TO LEVY AND COLLECT THE ANNUAL
ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 92-3 AND SET THE DATE FOR THE REQUIRED PUBLIC HEARING FOR JUNE 3, 2025. (Pursuant to the Landscaping and Lighting Act of 1972)
WHEREAS, the City Council of the City of San Joaquin initiated proceedings for the Annual Levy of Assessments for Assessment District No. 92-3 (Pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file his report with the City Council of the City of San Joaquin as required by Streets and Highways Code Section 22565 et. seq.; and
WHEREAS, the City Engineer filed his report with the City Clerk as directed.

NOW THEREFORE, by the City Council of the City of San Joaquin, County of Fresno, California, resolves as follows:

1. The foregoing recitals are true and correct and incorporated by reference.

2. The City Council of the City of San Joaquin declares its intention to seek the levy and collection of assessments under the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways code (beginning with Section 22500 of said Code and herein after referred to as the “Act”) for Assessment District No. 92-3 of the City of San Joaquin (herein “District”) for fiscal year 2025-2026.

3. Said District is generally described as Tract No. 4076, Tract No. 4496-Phase I, Lots 9-12 in Block 14, Lots 1-12 in Block 24, Lots 1-12 in Block 44, Lots 25-36 in Block 43, Lots 46-48 in Block 41 in the Townsite of San Joaquin, Parcel Map No. 99-01, Parcel Map No. 98-03, Parcel Map No. 99-02, Tract No. 4816, Tract No. 4786, Tract No. 4841, Tract No. 4766, Tract No. 4829, Tract No. 4865, Tract No. 4871, Tract No. 4893, and Tract No. 5814. Improvements to be maintained are generally described as streetlights, streets, public landscaping, and parks within the District.

4. The Engineer has prepared and filed with the Clerk of the City of San Joaquin a preliminary report labeled Engineer’s Report of the City of San Joaquin Assessment District No. 92-3, dated May 2025, which reference is hereby made for a detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The Engineer’s Report is hereby approved on a preliminary basis as submitted, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
26 2 | Page

5. The City Council of the City of San Joaquin declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act.

6. The Westside Advance, a newspaper published in Kerman, California and circulated in the City of San Joaquin is hereby designated as the newspaper in which this Resolution of Intention shall be published, and the City Clerk of the City of San Joaquin is hereby directed to cause this Resolution of Intention to be published once. Publication shall be completed not less than ten (10) days before the date set for the hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the City Council for the posting of notices.

7. NOTICE IS HEREBY GIVEN that on Tuesday June 3, 2025 at 6:00 p.m., in the regular meeting place of the Council of the City of San Joaquin, Council Chambers, 21991 Colorado Avenue, San Joaquin, California 93660 is hereby fixed as the time and place for a public hearing where all interested persons shall be heard regarding the intention to levy and collect the proposed assessments. Written protests may be filed with the City Clerk at any time prior to the conclusion of the hearings. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by the protesting person or persons.

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of San Joaquin held on the 6th day of May 2025, by the following vote, to wit:

Adam Flores-Cornejo, Mayor
City of San Joaquin

ATTEST:

I, Matthew Flood, City Clerk of the City of San Joaquin, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a Regular Meeting of said Council, held at the San Joaquin Council Chambers on May 6, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Matthew Flood, City Clerk
27 CITY OF SAN JOAQUIN

FRESNO COUNTY, CALIFORNIA

LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 92-3
ENGINEER’S REPORT
2025 – 2026
May 2025
28 I

ASSESSMENT REPORT
INDEX
PAGE
ENGINEER'S REPORT SUBMITTAL STATEMENT ......................................................... 1 ASSESSMENT DISTRICT BOUNDARIES........................................................................ 5 DESCRIPTION OF WORK................................................................................................ 6 ASSESSMENT PROCEDURE.......................................................................................... 7 COST SUMMARY............................................................................................................. 9 ASSESSMENT ROLL ....................................................................................................... 11

ASSESSMENT DIAGRAMS
29 1 | Page
390.02 LLMD 2025-2026

CITY OF SAN JOAQUIN

FRESNO COUNTY, CALIFORNIA
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 92-3

ENGINEER’S REPORT
WHEREAS, on November 10, 1992, the City Council of the City of San Joaquin, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, California Streets and Highways Code Section 22500 et seq., adopted its Resolution No. 92-31, Resolution Initiating Proceedings for the purpose of collecting assessments to defray the cost of maintaining the street lighting, streets, public landscaping, and parks within designated areas in the City of San Joaquin, more particularly therein described;
WHEREAS, said Resolution Initiating Proceedings directed the Engineer of Work to prepare and file a report in accordance with Article 4 Chapter 1 of the Streets and Highways Code of the State of California, pursuant to Section 22585, including the estimate of costs of improvements and of the incidental expenses in connection therewith, a diagram of the assessment district, and a proposed assessment of the costs of the improvements to which Resolution Initiating Proceedings reference is hereby made for further particulars. The improvements shall consist of the maintenance of all of the street lighting facilities, streets, public landscaping, and parks located in designated areas of the City of San Joaquin.

NOW, THEREFORE, I, Mario B. Gouveia, Engineer of Work of said Assessment District No. 92- 3 by virtue of the power vested in me under said Act and the order of the City Council of the City of San Joaquin, hereby make the following annual levy of assessment in accordance with Article 4, Chapter 3 of the Streets & Highways Code of the State of California to cover the portion of the estimated cost of said work and improvements pursuant to the plans and specifications presently on file with the Clerk of the City of San Joaquin and in the Department of Public Works of the City of San Joaquin and incorporated herein by reference and the costs and expenses incidental thereto to be paid by the assessment district set forth in this Report.

As required by said Act, Assessment Diagram of City of San Joaquin Assessment District No. 92- 3 shows the assessment district and the boundaries of land within said district as they existed at the time of the passage of the Resolution Initiating Proceedings, each subdivision of land having been given a separate number by reference to County of Fresno Tax Assessor's Parcel Number.

I do hereby assess and apportion said total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land liable therefore and benefited thereby all as is more particularly set forth in the assessment roll attached hereto and incorporated herein; and that the numbers of said assessment roll correspond with the numbers upon the referenced County of Fresno Assessor's Parcel Maps. Said assessment is made upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by each subdivision respectively from the improvement. For a more particular description of said property, 30 31
reference is made to the assessment roll and the deeds and maps on file and of record in the office of the County Recorder of Fresno County and to the notes of said Boundary Description as set forth in the map of Proposed Boundaries of City of San Joaquin Assessment District No. 92- 3, contained in this assessment report.

Respectfully Submitted,
21Page
390.02 LLMD 2025-2026
32 ENGINEER'S REPORT
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 92-3
(Pursuant to the Landscaping and Lighting Act of 19 72) The undersigned respectfully submits the enclosed reP. rt as directed by the City Council.

Dated: May 6, 2025
I HEREBY CERTIFY that the enclosed Engine r's Report, together with Assessment and Assessment and Boundary Diagrams of the City San Joaquin Assessment District No. 92-3, thereto attached, and was filed with me on the 6th day of May, 2025.

Matthew Flood, City Clerk, San Joaquin,
Fresno County, California
By ________________ _
Matthew Flood, City Clerk
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment and Boundary Diagrams of the City of San Joaquin Assessment District No. 92-3, thereto attached was approved and confirmed by the City Council of the City of San Joaquin, California, on the 3rd day of June, 2025, by its Resolution No. 2025-__ Nancy Banda, Finance Director
San Joaquin, Fresno County, California
By ________________ _
Nancy Banda, Finance Director
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment and Boundary Diagrams of the City of San Joaquin Assessment District No. 92-3, thereto attached was approved and confirmed by the City Council of the City of San Joaquin, California, on the 3rd day of June, 2025.
390.02 LLMD 2025-2026
Matt Flood, Assistant City Manager, City Clerk
San Joaquin, Fresno County, California
By ___________ _____ _
Matt Flood, Assistant City Manager, City Clerk
31Page
4 | Page
390.02 LLMD 2025-2026
CLERK’S CERTIFICATION TO COUNTY AUDITOR
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 92-3
(Pursuant to the Landscaping and Lighting Act of 1972)
TO THE COUNTY AUDITOR OF THE COUNTY OF FRESNO:

I HEREBY CERTIFY that the attached document is a true copy of that certain Engineer’s Report, including assessment and assessment diagram, for Assessment District No. 92-3, City of San Joaquin, confirmed by the City Council of the City of San Joaquin on the 3rd day of June, 2025, by its Resolution No. 2025- .

The document is certified, and is filed with you, pursuant to Section 22641 of the Streets and Highways Code.

DATED:

By
Matthew Flood, Assistant City Manager, City Clerk
City of San Joaquin
[SEAL]
33 5 | Page
390.02 LLMD 2025-2026

CITY OF SAN JOAQUIN
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 92-3

ASSESSMENT DISTRICT BOUNDARIES
The boundaries of the Assessment District are generally described as:

1. Tract No. 4076, Colorado Estates recorded November 29, 1990 in Volume 51 of Plats at Pages 92 & 93, Fresno County Records.

2. Tract No. 4496, Phase 1 recorded December 15, 1992 in Volume 55 of Plats at Pages 23 & 24, Fresno County Records.

3. Lots 9 through 12 in Block 14, Lots 1 through 12 in Block 24, Lots 1 through 12 in Block 44 and Lots 25 through 36 in Block 43, all in the Townsite of San Joaquin, according to the map thereof recorded in Book 7, Pages 83, 84, and 85 of Plats, Fresno County Records.

4. Lots 46-48 in Block 41 in the Townsite of San Joaquin according to the map thereof recorded in Book 7, Pages 83, 84, and 85 of Plats, Fresno County Records.

5. Parcel Map No. 99-01, recorded November 18, 1999 in Volume 60 of Parcel Maps at Page 4, Fresno County Records.

6. Parcel Map No. 98-03, recorded July 2, 1999 in Volume 59 of Parcel Maps at Page 70, Fresno County Records.

7. Parcel Map No. 99-02, recorded March 9, 2000 in Volume 60 of Parcel Maps at Page 40, Fresno County Records.

8. Tract No. 4816, Joaquin Park II, recorded February 19, 1997 in Volume 60 of Plats at Page 51, Fresno County Records.

9. Tract No. 4786, Casa Mia Estates, recorded November 10, 1997 in Volume 61 of Plats at Pages 46 & 47, Fresno County Records.

10. Tract No. 4841, Casa Mia Estates II recorded July 23, 1998 in Volume 61 of Plats at Pages 76 & 77, Fresno County Records.

11. Tract No. 4766, recorded August 31, 1998 in Volume 61 of Plats at Pages 91 and 92, Fresno County Records.

12. Tract No. 4829, Joaquin Park III recorded September 15, 1998 in Volume 61 of Plats at Pages 97 & 98, Fresno County Records.

13. Tract No. 4865, Monterey Pines recorded January 22, 1999 in Volume 62 of Plats at Page 54, Fresno County Records.

14. Tract No. 4871, Casa Mia Estates III recorded October 28, 2004 in Volume 70 at Pages 94 and 95 Fresno County Records.

15. Tract No. 4893, Casa Mia Estates IV recorded August 16, 2005 in Volume 73 of Plats at Pages 38 and 39 Fresno County Records.

16. Tract No. 5814, recorded November 20, 2007 in Volume 80 of Plats at Pages 18& 19, Fresno County Records.
34 6 | Page
390.02 LLMD 2025-2026

CITY OF SAN JOAQUIN
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 92-3

DESCRIPTION OF WORK
AREA 1 – Tract No. 4076, Tract No. 4786, and Tract No. 4841 Maintenance of street lights and streets, including sidewalks, within Tract No. 4076, Tract No. 4786 and Tract No. 4841, along the following streets: northeast half of Colorado Avenue; Colorado Court; northwest half of Fifth Street; Nevada Avenue; Fourth Street, Annabella Avenue, Third Street, White Avenue and California Avenue.

AREA 2 – Tract No. 4496, Phase 1, Tract No. 4766, and Tract No. 4865 Maintenance of public landscape areas, street lights, and streets, including sidewalks within Tract No. 4496, Tract No. 4766, and Tract No. 4865, along the following streets: northeast half of California Avenue; northwest half of Main Street; southeast half of Eighth Street; Ninth street; Orlando Court; Punjab Avenue; and Arizona Avenue.

AREA 3 – Portions of Blocks 14, 24, 43, and 44 of the Townsite of San Joaquin, Tract No. 4816, and Tract No. 4829
Maintenance of street lights and streets, including sidewalks, along the following streets: southeast half of 12th Street, from the southwest line of Lot 9 in Block 14 to the southwest boundary of Arizona Avenue; northwest half of 12th Street, from the centerline of California Avenue to the southwest boundary of Arizona Avenue; California Avenue, from southeast boundary of Lot 12 in Block 24 to the centerline of 12th Street; northeast half of California Avenue, from the centerline of 12th Street to the northwest boundary of Lot 34 in Block 43; southwest half of Arizona Avenue, from the southeast line of Lot 12 in Block 44 to the northwest boundary of Lot 25 in Block 43; all in the Townsite of San Joaquin.

Maintenance of public landscape areas, street lights and streets, including sidewalks, within Tract No. 4816 and Tract No. 4829 along the northeast half of California Avenue and the southeast half of Main Street, Punjab Street, Deep Street and Aman Street.

AREA 4 – PM No. 99-01, PM No. 98-03, and PM No. 99-02
Maintenance of street lights and streets, including sidewalks, within Parcel Map No. 99-01, Parcel Map No. 98-03, and Parcel Map No. 99-02, along the north half of Manning Avenue and the northeast half of Colorado Avenue.

AREA 5 – Tract No. 4871 and Tract No. 4893
Maintenance of street lights and streets, including sidewalks, within Tract No. 4871 and 4893 along the following streets: northeast half of Colorado Avenue; Elm Avenue; First Street; First Court; Annabella Avenue; Second Street and Second Court.

AREA 6 – Tract No. 5814
Maintenance of street lights and streets, including sidewalks along public streets within Tract No. 5814 along Main Street, Arizona Street, Deep Street and Aman Street. Also included is maintenance of landscaping along Main Street bordering Tract No. 5814.

35 7 | Page
390.02 LLMD 2025-2026

CITY OF SAN JOAQUIN
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 92-3

ASSESSMENT PROCEDURE
The assessment district boundaries coincide with the boundaries of six specific development projects within the city limits of the City of San Joaquin. Each project is designated as Area 1, Area 2, Area 3, Area 4, Area 5 and Area 6 respectively, as described herein.

Assessments for lots in Areas 1 through 4 cannot be raised without a vote of the lot owners per the requirements of Proposition 218. Assessments for Areas 5 and 6 are adjusted annually based on the Consumer Price Index (CPI). The maximum annual CPI adjustment is not to exceed 3%.

The total net costs for each area are as follows:

Area 1 $ 5,537.60
Area 2 $ 5,729.10
Area 3 $ 4,600.86
Area 4 $ 1,910.42
Area 5 $ 10,120.97
Area 6 $ 2,438.35
Total Cost $ 30,337.30
The total numbers of parcels is 358 and are described by Area designation as follows:

Area 1 contains seventy-six (76) single-family residential lots, four (4) residential lots zoned for duplexes, one (1) 4.39 acre parcel zoned for a residential planned unit development, and four (4) commercial lots.

The duplex lots and single-family lots are assessed for maintenance of fronting street and street light improvements on Fifth Street, Nevada Avenue, Third Street, Fourth Street, Annabella Avenue, White Avenue and California Avenue on a per lot basis. The one (1) residential planned unit development parcel and the four (4) commercial lots are not assessed.

There are five (5) parcels in Area 1 that are owned by the County of Fresno Housing Authority which are tax-exempt and are not assessed.

Area 2 contains sixty-five (65) single-family residential lots, and one (1) park parcel. The single-family residential lots and park parcel are assessed for maintenance of fronting street, street light and side yard landscaping along California Avenue and Main Street on a per lot basis.

Area 3 contains thirty-five (35) single-family residential lots and fifty-two (52) lots containing half of a duplex.

Each lot is assessed for maintenance of fronting street, landscaping, and street light improvements on 12th Street, California Avenue, Punjab Street, Deep Street, Aman Street, Main Street and Arizona Avenue.

Area 4 contains five (5) commercial lots. Each lot is assessed an equal share for maintenance of fronting street and street light improvements on Manning Avenue and Colorado Avenue. Assessments vary by parcel size.

Area 5 contains sixty-two (62) single-family residential lots and one (1) commercial lot. The single-family residential lots and commercial lot are assessed for maintenance of fronting street, landscaping and light 36 8 | Page
390.02 LLMD 2025-2026
improvements on Colorado Avenue; Elm Avenue; First Street; Second Street; Annabelle Avenue; First Court and Second Court. Assessments in Area 5 are subject to adjustments based on changes in the Consumer Price Index (CPI). The maximum allowable assessment increase is equal to the change in CPI and shall not exceed 3.0%. The CPI increased 2.9% in 2024. In accordance with the foregoing limitations, the assessments for fiscal year 2025-2026 will increase by 2.9%.

Area 6 contains forty-nine (49) multi-family residential lots and four (4) outlots. The multi-family lots are assessed for maintenance of fronting streets and lighting facilities, and landscaping along Main Street. The four (4) outlots are not assessed. Assessments in Area 6 are subject to adjustments based on changes in the Consumer Price Index (CPI). The maximum allowable assessment increase is equal to the change in CPI and shall not exceed 3.0%. The CPI increased 2.9% in 2024. In accordance with the foregoing limitations, the assessments for fiscal year 2025-2026 will increase by 2.9%.

Formation and incidental costs were assessed to each parcel or lot on an equal basis. 37 9 | Page
390.02 LLMD 2025-2026

CITY OF SAN JOAQUIN
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 92-3

COST SUMMARY
2025 – 2026

ESTIMATE OF ASSESSMENT DISTRICT IMPROVEMENT COSTS
The estimate of Assessment District improvement costs for fiscal year 2025-2026 is as follows:

AREA 1

1. INCIDENTAL COSTS $ 709.02

2. UTILITIES COST 844.01

3. MAINTENANCE COST 3,984.57
TOTAL COSTS $ 5,537.60
TOTAL COST TO ASSESSMENT $ 5,537.60
TOTAL NUMBER OF ELIGIBLE PARCELS 80
TOTAL NUMBER OF PARCELS 85
(80 lots @ $69.22 and 5 lots @ $0.00)
AREA 2

1. INCIDENTAL COSTS $ 733.60

2. UTILITIES COST 873.28

3. MAINTENANCE COST 4,122.22
TOTAL COSTS $ 5,729.10
TOTAL COST TO ASSESSMENT $ 5,729.10
TOTAL NUMBER OF ELIGIBLE PARCELS 65
TOTAL NUMBER OF PARCELS 65
(65 lots @ $88.14)
AREA 3

1. INCIDENTAL COSTS $ 589.08

2. UTILITIES COST 701.24

3. MAINTENANCE COST 3,310.54
TOTAL COSTS $ 4,600.86
TOTAL COST TO ASSESSMENT $ 4,600.86
TOTAL NUMBER OF ELIGIBLE PARCELS 87
TOTAL NUMBER OF PARCELS 87
(35 lots @ $73.54 and 52 lots @ $38.98)
38 10 | Page
390.02 LLMD 2025-2026
AREA 4

1. INCIDENTAL COSTS $ 244.60

2. UTILITIES COST 291.18

3. MAINTENANCE COST 1,374.64
TOTAL COSTS $ 1,910.42
TOTAL COST TO ASSESSMENT $ 1,910.42
TOTAL NUMBER OF ELIGIBLE PARCELS 5
TOTAL NUMBER OF PARCELS 5
(Varies by Parcel Size)
AREA 5

1. INCIDENTAL COSTS $ 1,295.86

2. UTILITIES COST 1,542.55

3. MAINTENANCE COST 7,282.56
TOTAL COSTS $ 10,120.97
TOTAL COST TO ASSESSMENT $ *10,119.26
TOTAL NUMBER OF ELIGIBLE PARCELS 63
TOTAL NUMBER OF PARCELS 63
(62 lots @ *$153.80 and 1 lot @ $583.66)
AREA 6

1. INCIDENTAL COSTS $ 312.23

2. UTILITIES COST 371.70

3. MAINTENANCE COST 1,754.42
TOTAL COSTS $ 2,438.35
TOTAL COST TO ASSESSMENT $ *2,437.26
TOTAL NUMBER OF ELIGIBLE PARCELS 49
TOTAL NUMBER OF PARCELS 49
(49 lots @ $49.74)
* Amount rounded down one cent to conform to County Auditor requirements that the amount to be billed to the tax payer must be an even amount (divisible by 2) 39 ASSESSMENT ROLL
40 ASSESSMENT ROLL

CITY OF SAN JOAQUIN

FRESNO COUNTY, CALIFORNIA
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO.92.3
(Fiscal Year 2025-2026)

ASSESSMENT
DIAGRAM NUMBER CODE LOT NO.

ASSESSOR’S

PARCEL NUMBER
TOTAL

ASSESSMENT
11 | Page
390.02 LLMD 2025-2026
001 6195 1 033-210-01ST $00.00
002 6195 2 033-210-02ST $00.00
003 6195 3 033-210-03ST $00.00
004 6195 4 033-210-04ST $00.00
005 6195 5 033-210-05ST $00.00
006 6195 6 033-210-06S $69.22
007 6195 7 033-210-07S $69.22
008 6195 8 033-210-08S $69.22
009 6195 9 033-210-09S $69.22
010 6195 10 033-210-10S $69.22
011 6195 11 033-210-11S $69.22
012 6195 12 033-210-12S $69.22
013 6195 13 033-210-13S $69.22
014 6195 14 033-210-14S $69.22
015 6195 15 033-210-15S $69.22
016 6195 16 033-210-16S $69.22
017 6195 17 033-210-17S $69.22
018 6195 18 033-210-18S $69.22
019 6195 19 033-210-19S $69.22
020 6195 20 033-210-20S $69.22
021 6195 21 033-210-21S $69.22
022 6195 22 033-210-22S $69.22
023 6195 23 033-210-23S $69.22
024 6195 24 033-210-24S $69.22
025 6195 25 033-210-25S $69.22
026 6195 26 033-210-26S $69.22
027 6195 27 033-210-27S $69.22
028 6195 28 033-210-28S $69.22
029 6195 29 033-210-29S $69.22
030 6195 1 033-221-05S $88.14
031 6195 2 033-221-04S $88.14
032 6195 3 033-221-03S $88.14
033 6195 4 033-221-02S $88.14
034 6195 5 033-221-01S $88.14
035 6195 6 033-221-06S $88.14
036 6195 7 033-221-07S $88.14
41 (Fiscal Year 2025-2026)

ASSESSMENT
DIAGRAM NUMBER CODE LOT NO.

ASSESSOR’S

PARCEL NUMBER
TOTAL

ASSESSMENT
12 | Page
390.02 LLMD 2025-2026
037 6195 8 033-221-08S $88.14
038 6195 9 033-221-09S $88.14
039 6195 10 033-221-10S $88.14
040 6195 11 033-221-11S $88.14
041 6195 12 033-221-12S $88.14
042 6195 13 033-221-13S $88.14
043 6195 14 033-221-14S $88.14
044 6195 15 033-221-15S $88.14
045 6195 16 033-221-16S $88.14
046 6195 17 033-221-17S $88.14
047 6195 18 033-221-18S $88.14
048 6195 19 033-221-19S $88.14
049 6195 20 033-221-20S $88.14
050 6195 21 033-221-21S $88.14
051 6195 22 033-221-22S $88.14
052 6195 23 033-221-23S $88.14
053 6195 24 033-221-24S $88.14
054 6195 25 033-221-25S $88.14
057 6195 1 033-240-01S $73.54
058 6195 2 033-240-02S $73.54
059 6195 3 033-240-03S $73.54
060 6195 4 033-240-04S $73.54
061 6195 5 033-240-05S $73.54
062 6195 6 033-240-06S $73.54
063 6195 7 033-240-07S $73.54
064 6195 8 033-240-08S $73.54
065 6195 9 033-240-09S $73.54
066 6195 10 033-240-10S $73.54
067 6195 11 033-240-11S $73.54
068 6195 12 033-240-12S $73.54
069 6195 13 033-240-13S $73.54
070 6195 14 033-240-14S $73.54
071 6195 15 033-240-15S $73.54
072 6195 16 033-232-01S $73.54
073 6195 17 033-232-02S $73.54
074 6195 18 033-232-03S $73.54
075 6195 19 033-232-04S $73.54
076 6195 20 033-232-05S $73.54
077 6195 21 033-232-06S $73.54
078 6195 22 033-232-07S $73.54
079 6195 23 033-232-08S $73.54
080 6195 24 033-232-09S $73.54
081 6195 25 033-232-10S $73.54
42 (Fiscal Year 2025-2026)

ASSESSMENT
DIAGRAM NUMBER CODE LOT NO.

ASSESSOR’S

PARCEL NUMBER
TOTAL

ASSESSMENT
13 | Page
390.02 LLMD 2025-2026
082 6195 26 033-231-10S $73.54
083 6195 27 033-231-09S $73.54
084 6195 28 033-231-08S $73.54
085 6195 29 033-231-07S $73.54
086 6195 30 033-231-06S $73.54
087 6195 31 033-231-05S $73.54
088 6195 32 033-231-04S $73.54
089 6195 33 033-231-03S $73.54
090 6195 34 033-231-02S $73.54
091 6195 35 033-231-01S $73.54
102 6195 2 033-040-86S $69.56
103 6195 3 033-040-91S $219.70
104 6195 1 033-231-53S $38.98
105 6195 2 033-231-52S $38.98
106 6195 3 033-231-51S $38.98
107 6195 4 033-231-50S $38.98
108 6195 5 033-231-49S $38.98
109 6195 6 033-231-48S $38.98
110 6195 7 033-231-47S $38.98
111 6195 8 033-231-46S $38.98
112 6195 9 033-231-45S $38.98
113 6195 10 033-231-44S $38.98
114 6195 11 033-231-43S $38.98
115 6195 12 033-231-42S $38.98
116 6195 13 033-231-41S $38.98
117 6195 14 033-231-40S $38.98
118 6195 15 033-231-39S $38.98
119 6195 16 033-231-38S $38.98
120 6195 17 033-231-37S $38.98
121 6195 18 033-231-36S $38.98
122 6195 1 033-250-01S $69.22
123 6195 2 033-250-02S $69.22
124 6195 3 033-250-03S $69.22
125 6195 4 033-250-04S $69.22
126 6195 5 033-250-05S $69.22
127 6195 6 033-250-06S $69.22
128 6195 7 033-250-07S $69.22
129 6195 8 033-250-08S $69.22
130 6195 9 033-250-09S $69.22
131 6195 10 033-250-10S $69.22
132 6195 11 033-250-11S $69.22
133 6195 12 033-250-12S $69.22
134 6195 13 033-250-13S $69.22
43 (Fiscal Year 2025-2026)

ASSESSMENT
DIAGRAM NUMBER CODE LOT NO.

ASSESSOR’S

PARCEL NUMBER
TOTAL

ASSESSMENT
14 | Page
390.02 LLMD 2025-2026
135 6195 14 033-250-14S $69.22
136 6195 15 033-250-15S $69.22
137 6195 16 033-250-16S $69.22
138 6195 17 033-250-17S $69.22
139 6195 18 033-250-18S $69.22
140 6195 19 033-250-19S $69.22
141 6195 20 033-250-20S $69.22
142 6195 21 033-250-21S $69.22
143 6195 22 033-250-22S $69.22
144 6195 23 033-250-23S $69.22
145 6195 24 033-250-24S $69.22
147 6195 1 033-250-26S $69.22
148 6195 2 033-250-27S $69.22
149 6195 3 033-250-28S $69.22
150 6195 4 033-250-29S $69.22
151 6195 5 03-3250-30S $69.22
152 6195 6 033-250-31S $69.22
153 6195 7 033-250-32S $69.22
154 6195 8 033-250-33S $69.22
155 6195 9 033-250-34S $69.22
156 6195 10 033-250-35S $69.22
157 6195 11 033-250-36S $69.22
158 6195 12 03-3250-37S $69.22
159 6195 13 033-250-38S $69.22
160 6195 14 033-250-39S $69.22
161 6195 15 033-250-40S $69.22
162 6195 16 033-250-41S $69.22
163 6195 17 033-250-42S $69.22
164 6195 18 033-250-43S $69.22
165 6195 19 033-250-44S $69.22
166 6195 20 033-250-45S $69.22
167 6195 21 033-250-46S $69.22
168 6195 22 033-250-47S $69.22
169 6195 23 033-250-48S $69.22
170 6195 24 033-250-49S $69.22
171 6195 25 033-250-50S $69.22
172 6195 26 033-250-51S $69.22
173 6195 27 033-250-52S $69.22
174 6195 28 033-250-53S $69.22
175 6195 29 033-25-054S $69.22
176 6195 30 033-250-55S $69.22
177 6195 31 033-250-56S $69.22
178 6195 32 033-250-57S $69.22
44 (Fiscal Year 2025-2026)

ASSESSMENT
DIAGRAM NUMBER CODE LOT NO.

ASSESSOR’S

PARCEL NUMBER
TOTAL

ASSESSMENT
15 | Page
390.02 LLMD 2025-2026
179 6195 1 033-221-27S $88.14
180 6195 2 033-221-28S $88.14
181 6195 3 033-221-29S $88.14
182 6195 4 033-221-30S $88.14
183 6195 5 033-221-31S $88.14
184 6195 6 0332-21-32S $88.14
185 6195 7 033-221-33S $88.14
186 6195 8 033-221-34S $88.14
187 6195 9 033-221-35S $88.14
188 6195 10 033-221-36S $88.14
189 6195 11 033-221-37S $88.14
190 6195 12 033-221-38S $88.14
191 6195 13 033-221-39S $88.14
192 6195 14 033-221-40S $88.14
193 6195 15 033-221-41S $88.14
194 6195 16 033-221-42S $88.14
195 6195 17 033-221-43S $88.14
196 6195 18 033-221-44S $88.14
197 6195 19 033-221-45S $88.14
198 6195 20 033-221-46S $88.14
199 6195 21 033-221-47S $88.14
200 6195 22 033-221-48S $88.14
201 6195 23 033-221-49S $88.14
202 6195 24 033-221-50S $88.14
203 6195 25 033-221-51S $88.14
204 6195 26 033-221-52S $88.14
205 6195 27 033-221-53S $88.14
206 6195 28 033-221-54S $88.14
207 6195 1 033-231-35S $38.98
208 6195 2 033-231-34S $38.98
209 6195 3 033-231-33S $38.98
210 6195 4 033-231-32S $38.98
211 6195 5 03-3231-31S $38.98
212 6195 6 033-231-30S $38.98
213 6195 7 033-231-29S $38.98
214 6195 8 033-231-28S $38.98
215 6195 9 033-231-27S $38.98
216 6195 10 033-231-26S $38.98
217 6195 11 033-231-25S $38.98
218 6195 12 033-231-24S $38.98
219 6195 13 033-231-23S $38.98
220 6195 14 033-231-22S $38.98
221 6195 15 033-231-21S $38.98
45 (Fiscal Year 2025-2026)

ASSESSMENT
DIAGRAM NUMBER CODE LOT NO.

ASSESSOR’S

PARCEL NUMBER
TOTAL

ASSESSMENT
16 | Page
390.02 LLMD 2025-2026
222 6195 16 033-231-20S $38.98
223 6195 17 033-231-19S $38.98
224 6195 18 033-231-18S $38.98
225 6195 19 033-231-17S $38.98
226 6195 20 033-231-16S $38.98
227 6195 21 033-231-15S $38.98
228 6195 22 033-231-14S $38.98
229 6195 23 033-233-01S $38.98
230 6195 24 033-233-02S $38.98
231 6195 25 033-233-03S $38.98
232 6195 26 033-233-04S $38.98
233 6195 27 033-233-05S $38.98
234 6195 28 033-233-06S $38.98
235 6195 29 033-234-01S $38.98
236 6195 30 03-3234-02S $38.98
237 6195 31 033-234-03S $38.98
238 6195 32 033-234-04S $38.98
239 6195 33 033-234-05S $38.98
240 6195 34 033-234-06S $38.98
241 6195 1 033-260-01S $88.14
242 6195 2 033-260-02S $88.14
243 6195 3 033-260-03S $88.14
244 6195 4 033-260-04S $88.14
245 6195 5 033-260-05S $88.14
246 6195 6 033-260-06S $88.14
247 6195 7 033-260-07S $88.14
248 6195 8 033-260-08S $88.14
249 6195 9 033-260-09S $88.14
250 6195 10 033-260-10S $88.14
251 6195 11 033-260-11S $88.14
252 6195 12 033-260-12S $88.14
254 6195 2 033-040-87S $152.96
255 6195 1 033-040-88S $927.58
256 6195 1 033-040-89S $540.62
257 6195 1 033-270-01S $153.80
258 6195 2 033-270-02S $153.80
259 6195 3 033-270-03S $153.80
260 6195 4 033-270-04S $153.80
261 6195 5 033-270-05S $153.80
262 6195 6 033-270-06S $153.80
263 6195 7 033-270-07S $153.80
264 6195 8 033-270-08S $153.80
265 6195 9 033-270-09S $153.80
46 (Fiscal Year 2025-2026)

ASSESSMENT
DIAGRAM NUMBER CODE LOT NO.

ASSESSOR’S

PARCEL NUMBER
TOTAL

ASSESSMENT
17 | Page
390.02 LLMD 2025-2026
266 6195 10 033-270-10S $153.80
267 6195 11 033-270-11S $153.80
268 6195 12 033-270-12S $153.80
269 6195 13 033-270-13S $153.80
270 6195 14 033-270-14S $153.80
271 6195 15 033-270-15S $153.80
272 6195 16 033-270-16S $153.80
273 6195 17 033-270-17S $153.80
274 6195 18 033-270-18S $153.80
275 6195 19 033-270-19S $153.80
276 6195 20 033-270-20S $153.80
277 6195 21 033-270-21S $153.80
278 6195 22 033-270-22S $153.80
279 6195 23 033-270-23S $153.80
280 6195 24 033-270-24S $153.80
281 6195 25 033-270-25S $153.80
282 6195 26 033-270-26S $153.80
283 6195 27 033-270-27S $153.80
284 6195 28 033-270-28S $153.80
285 6195 31 033-270-31S $153.80
286 6195 30 033-270-30S $153.80
287 6195 29 033-270-29S $153.80
288 6195 32 033-270-32S $583.66
289 6195 5 033-270-34S $153.80
290 6195 6 033-270-35S $153.80
291 6195 7 033-270-36S $153.80
292 6195 8 033-270-37S $153.80
293 6195 9 033-270-38S $153.80
294 6195 10 033-270-39S $153.80
295 6195 11 033-270-40S $153.80
296 6195 12 033-270-41S $153.80
297 6195 13 03-3270-42S $153.80
298 6195 14 033-270-43S $153.80
299 6195 15 033-270-44S $153.80
300 6195 16 033-270-45S $153.80
301 6195 17 033-270-46S $153.80
302 6195 18 033-270-47S $153.80
303 6195 19 033-270-48S $153.80
304 6195 20 033-270-49S $153.80
305 6195 21 033-270-50S $153.80
306 6195 22 033-270-51S $153.80
307 6195 23 033-270-52S $153.80
308 6195 24 033-270-53S $153.80
47 (Fiscal Year 2025-2026)

ASSESSMENT
DIAGRAM NUMBER CODE LOT NO.

ASSESSOR’S

PARCEL NUMBER
TOTAL

ASSESSMENT
18 | Page
390.02 LLMD 2025-2026
309 6195 25 033-270-54S $153.80
310 6195 26 033-270-55S $153.80
311 6195 27 033-270-56S $153.80
312 6195 28 033-270-57S $153.80
313 6195 29 033-270-58S $153.80
314 6195 30 033-270-59S $153.80
315 6195 1 033-250-58S $153.80
316 6195 2 033-250-59S $153.80
317 6195 3 033-250-60S $153.80
318 6195 4 033-250-61S $153.80
319 6195 31 033-250-62S $153.80
320 6195 1 033-231-55S $49.74
321 6195 2 033-231-56S $49.74
322 6195 3 033-231-57S $49.74
323 6195 21 033-233-14S $49.74
324 6195 22 033-233-15S $49.74
325 6195 23 033-233-16S $49.74
326 6195 24 033-233-17S $49.74
327 6195 25 033-233-18S $49.74
328 6195 37 033-234-34S $49.74
329 6195 38 033-234-15S $49.74
330 6195 39 033-234-16S $49.74
331 6195 40 033-234-17S $49.74
332 6195 41 033-234-18S $49.74
333 6195 42 033-234-19S $49.74
334 6195 43 033-234-20S $49.74
335 6195 44 033-234-21S $49.74
336 6195 45 033-234-22S $49.74
337 6195 46 033-234-23S $49.74
338 6195 36 033-234-24S $49.74
339 6195 35 033-234-25S $49.74
340 6195 34 033-234-26S $49.74
341 6195 33 033-234-27S $49.74
342 6195 32 033-234-28S $49.74
343 6195 31 033-234-29S $49.74
344 6195 30 033-234-30S $49.74
345 6195 29 033-234-31S $49.74
346 6195 28 033-234-36S $49.74
347 6195 26 033-233-19S $49.74
348 6195 27 033-233-20S $49.74
349 6195 20 033-233-21S $49.74
350 6195 19 033-233-22S $49.74
351 6195 18 033-233-23S $49.74
48 (Fiscal Year 2025-2026)

ASSESSMENT
DIAGRAM NUMBER CODE LOT NO.

ASSESSOR’S

PARCEL NUMBER
TOTAL

ASSESSMENT
19 | Page
390.02 LLMD 2025-2026
352 6195 17 033-233-24S $49.74
353 6195 16 033-233-25S $49.74
354 6195 15 033-233-26S $49.74
355 6195 14 033-233-27S $49.74
356 6195 13 033-233-28S $49.74
357 6195 12 033-233-29S $49.74
358 6195 11 033-233-31S $49.74
359 6195 11 033-233-34S $49.74
360 6195 11 033-233-35S $49.74
361 6195 11 033-234-37S $49.74
362 6195 4 033-231-58S $49.74
363 6195 5 033-231-59S $49.74
364 6195 6 033-231-60S $49.74
365 6195 7 033-231-61S $49.74
366 6195 8 033-231-62S $49.74
367 6195 9 033-231-63S $49.74
368 6195 10 033-231-64S $49.74
49 ASSESSMENT DIAGRAMS
50 CITY OF SAN JOAQUIN, FRESNO COUNTY

CALIFORNIA

ASSESSMENT DIAGRAM FOR
51 Mar Z/, 2025 - 3:59pm
C:\Users\varges\AppDeta\Local\Temp\AcPublish _ 15480\39002-12-1 B 1 _ AD1 .dwg

SAN JOAQUIN CITY WIDE LANDSCAPING AND LIGHTING
DISTRICT No. 92-3
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City of San Joaquin -Assessment Diagram 1 of 16
Gouveia Engineering, Inc. • 456 Sixth Street • Gustine, California 95322 • (209) 854-3300 52 LEGEND

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F AREA 1 OF BOUNDARIES ilSTRICT No. 92-3 ASSESSMENT

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LEGEND
[ill]
23 BOUNDARIES OF AREA 1 OF
ASSESSMENT DISTRICT No. 92-3

ASSESSOR'S MAP PAGE BOUNDARY

ASSESSMENT DLIIGRAM NUMBER

LOT NUMBER

ASSESSOR'S PARCEL NUMBER

ASSESSOR'S BLOCK NUMBER
ASSESSOR'S BOOK NUMBER 33
City of San Joaquin - Assessment Diagram Area 1 I 3 of 1s Gouveia Engineering, Inc. • 456 Sixth Street • Gustine, California 95322 • (209) 854-3300 54 C~\~s~J=•~:::ta\Local\Temp\AcPublish 15480\39002-12-181 AD1 .dwg -
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@s 29 @s @s15 ®s32 14 15 14 DI] [I[] ~ [J]Q] [J]l 11781 / " - - - - I - - - - - -
City of San Joaquin - Assessment Diagram Area 1

NOTTO SCALE
LEGEND
[ill]
23 BOUNDARIES OF AREA 1 OF
ASSESSMENT DISTRICT No. 92-3

ASSESSOR'S MAP PAGE BOUNDARY

ASSESSMENT DLIIGRAM NUMBER

LOT NUMBER

ASSESSOR'S PARCEL NUMBER

ASSESSOR'S BLOCK NUMBER
ASSESSOR'S BOOK NUMBER 33
1 4 of 1s
Gouveia Engineering, Inc. • 456 Sixth Street • Gustine, California 95322 • (209) 854 3300 55 Mar Z/, 2025 - 4:00pm
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I 241 I 12421 12431 12441 12451 12461
7 12481
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7 ARIZONA AVENUE
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City of San Joaquin - Assessment Diagram Area 2

NOTTO SCALE
LEGEND
[j]fil
8 BOUNDARIES OF AREA 2 OF
ASSESSMENT DISTRICT No. 92-3

ASSESSOR'S MAP PAGE BOUNDARY

ASSESSMENT DLIIGRAM NUMBER

LOT NUMBER

ASSESSOR'S PARCEL NUMBER

ASSESSOR'S BLOCK NUMBER
ASSESSOR'S BOOK NUMBER 33
I s of 1s
Gouveia Engineering, Inc. • 456 Sixth Street • Gustine, California 95322 • (209) 854-3300 56 Mar Z/, 2025 - 4:00pm
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D1JJ 11201 [j]] [j]] ITTil [j]] [j]] [IT] [Ll] [ITI] [jJ] ---- BOUNDARIES OF AREA 3 OF ASSESSMENT DISTRICT No. 92-3
[D1] ASSESSMENT DIAGRAM NUMBER
I 14 LOT NUMBER
I @ ASSESSOR'S PARCEL NUMBER
l CALIFORNIA STREET ® ASSESSOR'S BLOCK NUMBER
- - - - - - - - - - ASSESSOR'S BOOK NUMBER 33
City of San Joaquin - Assessment Diagram Area 3 I 6 of 16 Gouveia Engineering, Inc. • 456 Sixth Street • Gustine, California 95322 •(209) 854-3300 57 Mar Z/, 2025 - 4:00pm
C:\Users\varges\AppDeta\Local\Temp\AcPublish _ 15480\39002-12-1 B 1 _ AD1 .dwg I
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LEGEND
BOUNDARIES OF AREA 3 OF
ASSESSMENT DISTRICT No. 92-3
[jJ]] ASSESSMENT DIAGRAM NUMBER
14 LOT NUMBER

CALIFORNIA STREET
@ ASSESSOR'S PARCEL NUMBER

ASSESSOR'S BLOCK NUMBER
ASSESSOR'S BOOK NUMBER 33
City of San Joaquin -Assessment Diagram Area 3 7 of 16
Gouveia Engineering, Inc. • 456 Sixth Street • Gustine, California 95322 • (209) 854-3300 58 Mar Z/, 2025 - 4:00pm
C:\Users\varges\AppDeta\Local\Temp\AcPublish _ 15480\39002-12-1 B 1 _ AD1 .dwg

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@ ASSESSOR'S BLOCK NUMBER
® ASSESSOR'S BOOK NUMBER 33
City of San Joaquin -Assessment Diagram Area 3 I 8 of 16 Gouveia Engineering, Inc. • 456 Sixth Street • Gustine, California 95322 • (209) 854-3300 59 Mar Z/, 2025 - 4:00pm
C:\Users\varges\AppDeta\Local\Temp\AcPublish _ 15480\39002-12-1 B 1 _ AD1 .dwg (Ds
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LEGEND
[ill
5 BOUNDARIES OF AREA 3 OF
ASSESSMENT DISTRICT No. 92-3

ASSESSOR'S MAP PAGE BOUNDARY

ASSESSMENT DLIIGRAM NUMBER

LOT NUMBER

ASSESSOR'S PARCEL NUMBER

ASSESSOR'S BLOCK NUMBER
ASSESSOR'S BOOK NUMBER 33
City of San Joaquin -Assessment Diagram Area 3 I 9 of 16 Gouveia Engineering, Inc. • 456 Sixth Street • Gustine, California 95322 • (209) 854-3300 60 Mar Z/, 2025 - 4:00pm
C:\Users\varges\AppDeta\Local\Temp\AcPublish _ 15480\39002-12-1 B 1 _ AD1 .dwg

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NOTTO SCALE
LEGEND
[ill
5 BOUNDARIES OF AREA 3 OF
ASSESSMENT DISTRICT No. 92-3

ASSESSOR'S MAP PAGE BOUNDARY

ASSESSMENT DLIIGRAM NUMBER

LOT NUMBER

ASSESSOR'S PARCEL NUMBER

ASSESSOR'S BLOCK NUMBER
ASSESSOR'S BOOK NUMBER 33
City of San Joaquin -Assessment Diagram Area 3 I 10 of 16 Gouveia Engineering, Inc. • 456 Sixth Street • Gustine, California 95322 • (209) 854-3300 61 Mar Z/, 2025 - 4:00pm
C:\Users\varges\AppDeta\Local\Temp\AcPublish _ 15480\39002-12-1 B 1 _ AD1 .dwg @s
2 11021

COLORADO AVENUE ----

HANFORD AND SUMMIT LAKE RAILWAY
@)s
2 12541

NOTTO SCALE
LEGEND
BOUNDARIES OF AREA 1 OF
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STAFF REPORT TO COUNCIL
May 6, 2025
TO: Mayor and Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: One year Contract Extension for GPUSD School Resource Officer (SRO) for fiscal year 2025-26
Recommendation: Approve a one-year contract extension with the County of Fresno Sheriff’s Office for a SRO to continue at GPUSD
Executive Summary
August 2022 an agreement was entered into by City of San Joaquin (City) and County of Fresno Sheriff’s Office (County) for a School Resource Officer (SRO) to be placed at GPUSD ahead of school year 2022-23 and for up to a five-year period. The term of the agreement was a three-year term with up to two extensions of one year each.

This item is brought to City Council for consideration of the first one-year extension. All other terms will remain in effect.

Background
On December 7, 2021 City Council approved the use of $500K towards the cost of a SRO to be placed at GPUSD. The funds being used are from a State Budget Allocation in the amount of $2Million to City of San Joaquin in fiscal year 2021-22 for the purpose of improving public safety.

The cost for the fiscal year 2022-23 is $165,571, this is determined based on 1440 hrs. of service at $114.98 rate. The rate will be determined annually by the Master of Schedule Fee (MSF) established by the County. We can anticipate there will be up to a 10% increase annually on the rate of service.

Duties that will be performed by the SRO include intervention, prevention, education, and law enforcement activities at the school premises during normal school hours and operations, between mid-August and the end of June of every year for a total of 1440 hrs. The primary goal of the SRO is to build trust amongst the community and provide a sense of school safety for students and school personnel. The SRO will provide services to the six school sites within GPUSD as needed.

The cost of the SRO will be shared between the City and GPUSD. The City will invoice GPUSD monthly for services rendered up to the agreed contract amount. 67 68
April 16, 2025
Elizabeth Cabrera, City Manager
City of San Joaquin
21900 Colorado Avenue
San Joaquin, CA 93660
Re: One-Year Extension of Agreement No. 22-370.

Dear Mrs. Cabrera,
John Zanoni
Sheriff
Fresno County Sheriff's Office
Agreement No. 22-370, which was approved by the Board of Supervisors on August 23, 2022, allowed for the option of two additional; consecutive twelve months periods upon written approval of both parties, this is the first extension, authorizing the Sheriff's Office to execute such written approval on behalf of the County.

The County of Fresno Sheriff's Office provides law enforcement services to the City of San Joaquin at six Golden Plains Unified School District schools would like to extend the Agreement from July 1, 2025 through June 30, 2026. If you , as the signing authority for the City of San Joaquin, would also like the Agreement to be extended as stated, please sign and date on the line below and return this letter by May 31, 2025 to:

Matthew Alexander, Captain
County of Fresno Sheriff's Office
2200 Fresno Street
Fresno, CA 93720
Respectfully,
John Zanoni
Sheriff
Elizabeth Cabrera, City Manager
Cc: Fine Nai
Dedicated to P rotect & Serve
Law Enforcement Administration Building/ 2200 Fresno Street/ P.O. Box 1788 / Fresno, California 93717 / (559) 600-8800 Equal Employment Opportunity Employer
Agreement No. 22-370
69 1 AGREEMENT
2 This Agreement ("Agreement") is dated August 23, 2022 and is between County of 3 Fresno, a Political Subdivision of the State of California, hereinafter referred to as "County," and 4 City of San Joaquin, a municipal corporation, whose address is 21900 Colorado Avenue, San 5 Joaquin, CA 93660 hereinafter referred to as "City". Both County and City may hereinafter be 6 referred to collectively as "Parties," or individually, a "Party." 7 Recitals
8 A WHEREAS, City desires to secure law enforcement services from the County, through 9 the Fresno County Sheriff's Office, at the following six (6) Golden Plains Unified School District 1 O ("School District") sites: 1. San Joaquin Elementary School at 8535 9th St. San Joaquin, CA 11 93660, 2. Tranquillity Elementary School at 6116 Daniels Ave. Tranquillity, CA 93668, 3. Cantua 12 Elementary School at 29288 W. Clarkson Ave. Cantua Creek, CA 93608, 4. Helm Elementary 13 School at 13883 S. Lassen Ave. Helm, CA 93627, 5. Tranquillity High School at 6052 Juanche 14 Ave. Tranquillity, CA 93668, and 6. Rio Del Rey Continuation High School at 13883 S. Lassen 15 Ave. Helm, CA 93627 (collectively referred to herein as the "Premises"); and 16 B. WHEREAS, County is willing to provide such law enforcement at the Premises at the 17 rates and under the terms and conditions herein set forth. 18 The parties therefore agree as follows: 19 Article 1 20 Services Provided by County
21 1.1 Scope of Services. The County shall perform all of the services provided in Exhibit 22 A to this Agreement, titled "Scope of Services."
23 1.2 Representation. The County represents that it is qualified, ready, willing, and able to 24 perform all of the services provided in this Agreement. 25 1.3 Compliance with Laws. The County shall, at its own cost, comply with all applicable 26 federal, state, and local laws and regulations in the performance of its obligations under this 27 Agreement, including but not limited to workers compensation, labor, and confidentiality laws 28 and regulations.
1 70
1 2
3 2.1
Article 2
County's Responsibilities
General Law Enforcement Services: County agrees its Sheriffs Office will provide, 4 within the limitations of this Agreement, law enforcement services consisting of the provision of 5 one Deputy Sheriff, as set forth in Exhibit A, attached and incorporated by this reference, for up 6 to 1,440 hours of services for each school year. Duties to be performed by the Deputy Sheriff 7 include intervention, prevention, education, and law enforcement activities at the Premises 8 during normal school hours and operations, between mid-August and the end of June of every 9 year (collectively, "General Law Enforcement Services"). 10 11 2.2 The performance of General Law Enforcement Services, including the standards of 12 performance, the discipline of officers, and all other matters incident to the performance of law 13 enforcement services and the control of law enforcement personnel, shall be the right and 14 responsibility of County. In the case of dispute between the Parties as to the extent, duties, or to 15 be rendered under this Agreement, or the minimum level or manner of such performance of 16 such services, the determination made by the County, through its Sheriffs Office, or her or his 17 designee, shall be final and conclusive.
18 Article 3
19 20 3.1
Compensation, Invoices, and Payments
City shall pay County the cost of performing General Law Enforcement Services at 21 the Premises, as set forth in Section1 .A, above, at the applicable rate for such services as 22 delineated in Exhibit A. City will compensate County for a total of 1,440 hours of General Law 23 Enforcement Services each school year for the term of this Agreement, to be paid in ten (10) 24 monthly payments for one-hundred-forty four (144) hours per payment. The total hours for the 25 school year may change before the school term, upon written approval of both parties no later 26 than thirty (30) days prior to the beginning of the school term. City agrees to pay, and the 27 County agrees to receive, compensation for the performance of its services under this 28 2 71
1 Agreement as described in Exhibit B to this Agreement, titled "Compensation." 2 3 3.2 Maximum Compensation. The maximum compensation payable to the County 4 under this Agreement if extended for two additional years under section 4.2 shall not exceed 5 $1,079,895. City acknowledges that the County is a local government entity, and does so with 6 notice that the County's powers are limited by the California Constitution and by State law, and 7 with notice that City may receive compensation under this Agreement only for services 8 performed according to the terms of this Agreement and while this Agreement is in effect, and 9 subject to the maximum amount payable under this section. The County further acknowledges 1 O that City employees have no authority to pay the County except as expressly provided in this 11 Agreement. As indicated in Exhibit A, the hourly rates to be charged by County are the rates set 12 forth in the County's Master Schedule of Fees, Charges, and Recovered Costs, Section 2609, 13 subdivision (a), for Regular (i.e. General Law Enforcement Services) and Overtime (i.e. Special 14 Law Enforcement Services) rates, in place at the time the services are provided. The parties 15 further agree that if and when the Master Schedule of Fees, Charges and Recovered Costs, 16 Section 2609, subdivision (a), is amended, changed, or revised, in any way that changes the 17 rates being charged for the services identified in this Agreement, such amended, changed or 18 revised rates will automatically and without any notice to City be incorporated into this 19 Agreement, replacing any contrary or conflicting rates, from the effective date of the 20 amendment, change, or revision in the rate(s), and will become the new rate to be paid by City 21 to County for services provided, from the effective date of the rate change forward. The parties 22 acknowledge that the County's Master Schule of Fees, Charges, and Recovered Costs is 23 subject to change. 24 3.3 Invoices. County shall submit monthly invoices to the City, and City shall pay County 25 within 30 calendar days of receipt of any such invoice. At the expiration or termination of this 26 Agreement, County may, in the discretion of Sheriff or her or his designee, submit a final invoice 27 for all amounts then unpaid, including any remaining, unpaid portion of the 1,440 hours of 28 General Law Enforcement Services, and City shall pay amount of this final invoice within 30 3 72
1 days of receipt thereof. County shall submit each invoice within 30 days after the month in which 2 County performs services and in any case within 60 days after the end of the term or 3 termination of this Agreement.
4 3.4 Payment. City shall pay each correctly completed and timely submitted invoice 5 within 30 days after receipt. Any payment made more than 30 days after receipt of an invoice 6 may result in contract termination of service reduction, in the sole discretion of the Fresno 7 County Sheriff's Office, without any penalty or recourse against County. City shall remit 8 payments to the County's address specified in the invoice. 9 3.5 Incidental Expenses. The County is solely responsible for all of its costs and 1 O expenses that are not specified as payable by the County under this Agreement. 11 Article 4
12 13 4.1
Term of Agreement
Term. This Agreement is retroactive to August 15, 2022, and terminates on June 30, 14 2025, except as provided in section 4.2, "Extension," or Article 6, "Termination and Suspension," 15 below.
16 4.2 Extension. The term of this retroactive Agreement shall be for the period 17 commencing on August 15, 2022, through and including June 30, 2025. This Agreement may be 18 extended for two (2) additional consecutive twelve (12) months periods upon written approval of 19 both parties no later than thirty (30) days prior to the first day of the next twelve (12) month 20 extension period. The Sheriff or her or his designee is authorized to execute such written 21 approval on behalf of County based on City's satisfactory performance. The term of this 22 Agreement may be extended for no more than two, one-year periods only upon written approval 23 of both parties at least 30 days before the first day of the next one-year extension period. The 24 Sheriff or his or her designee is authorized to sign the written approval on behalf of the County 25 based on City's satisfactory performance. The extension of this Agreement by the County and 26 City are not a waiver or compromise of any default or breach of this Agreement by City existing 27 at the time of the extension whether or not known to the County. 28 4
73 1
2 3 5.1
Article 5
Notices
Contact Information. The persons and their addresses having authority to give and 4 receive notices provided for or permitted under this Agreement include the following:
5 6
7 8 9
10 11
12 13 14 15 16
17 18 19
20 21 22
23 24 25 26
27 28
For the County:

Sheriff-Coroner-Public Administrator
County of Fresno
2200 Fresno Street
Fresno, CA 93721
Sheriff. [email protected]
Fax: 559-488-3699
For the Contractor:

City Manager
Elizabeth Nunez
21900 W. Colorado Ave.

San Joaquin, CA 93660
[email protected]
Fax: 559-693-2193

5.2 Change of Contact Information. Either party may change the information in section

5.1 by giving notice as provided in section 5.3.

5.3 Method of Delivery. Each notice between the County and City provided for or permitted under this Agreement must be in writing, state that it is a notice provided under this Agreement, and be delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, by telephonic facsimile transmission, or by Portable Document Format (PDF) document attached to an email.
(A) A notice delivered by personal service is effective upon service to the recipient. (B) A notice delivered by first-class United States mail is effective three County business days after deposit in the United States mail, postage prepaid, addressed to the recipient.
(C) A notice delivered by an overnight commercial courier service is effective one County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient.
5 74
1 (D) A notice delivered by telephonic facsimile transmission or by PDF document 2 attached to an email is effective when transmission to the recipient is completed (but, if 3 such transmission is completed outside of County business hours, then such delivery is 4 deemed to be effective at the next beginning of a County business day), provided that 5 the sender maintains a machine record of the completed transmission. 6 5.4 Claims Presentation. For all claims arising from or related to this Agreement, 7 nothing in this Agreement establishes, waives, or modifies any claims presentation 8 requirements or procedures provided by law, including the Government Claims Act (Division 3.6 9 of Title 1 of the Government Code, beginning with section 810). 10 Article 6
11 12
13 14 15 16
17 18
19 20
21 22
23 24
25 26
27 28
Termination and Suspension

6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are contingent on the approval of funds by the appropriating government agency. If sufficient funds are not allocated, then the County, upon at least 30 days' advance written notice to City, may:
(A) Modify the services provided by the County under this Agreement; or (8) Terminate this Agreement.

6.2 Termination Per Request from School District. The terms of this Agreement are further contingent on an agreement between City and School District authorizing the services under this Agreement. If School District rescinds its agreement with City, then City shall give County at least 30 days' advance written notice of the termination of this Agreement.

6.3 Termination for Breach.
(A) Upon determining that a breach (as defined in paragraph (C) below) has occurred, the County may give written notice of the breach to City. The written notice may suspend performance under this Agreement, and must provide at least 30 days for City to cure the breach.
(8) If City fails to cure the breach to the County's satisfaction within the time stated in the written notice, the County may terminate this Agreement immediately. 6 75
1 (C) For purposes of this section, a breach occurs when, in the determination of the 2 County, the City has:
3 (1) Obtained or used funds illegally or improperly;
4 (2) Failed to comply with any part of this Agreement; 5 (3) Submitted a substantially incorrect or incomplete report to the County; or 6 (4) Improperly performed any of its obligations under this Agreement. 7 6.4 Termination without Cause. In circumstances other than those set forth above, the 8 County may terminate this Agreement by giving at least 30 days advance written notice to City. 9 6.5 No Penalty or Further Obligation. Any termination of this Agreement by the County 1 O under this Article 6 is without penalty to or further obligation of the County. 11 Article 7
12 Independent Contractor
13 7.1 Status. In performance of the work, duties and obligations assumed by County 14 under this Agreement, it is mutually understood and agreed that County, including any and all of 15 the County's officers, agents, and employees will at all times be acting and performing as an 16 independent contractor, and shall act in an independent capacity and not as an officer, agent, 17 servant, employee, joint venturer, partner, or associate of the City. However, City shall retain the 18 right to administer this Agreement so as to verify that County is performing its obligation in 19 accordance with the terms and conditions thereof.
20 7.2 Verifying Performance. Furthermore, City shall have no right to control or supervise 21 or direct the manner or method by which County shall perform its work and function. City and 22 County shall comply with all applicable provisions of law and the rules and regulations, if any, of 23 governmental authorities having justification over matters the subject thereof. The City has no 24 right to control, supervise, or direct the manner or method of the County's performance under 25 this Agreement, but the City may verify that the County is performing according to the terms of 26 this Agreement.
27 7.3 Benefits. The Parties shall be solely liable and responsible for providing to, or on 28 behalf of, their employees all legally-required employee benefits. In addition, Parties shall be 7 76
1 solely responsible and save the other Party harmless from all matters relating to payment of 2 each Party's employees, including Social Security withholding and all other regulations 3 governing such matters. Because of its status as an independent contractor, the Parties has no 4 right to employment rights or benefits available to County employees. 5 7.4 Services to Others. The parties acknowledge that, during the term of this 6 Agreement, the County may provide services to others unrelated to the County. 7 Article 8
8 Indemnity and Defense 9
10 8.1 Indemnity. City shall indemnify, save, hold harmless, and at County's request, 11 defend the County, its officers, agents, and employees from any and all costs and expenses 12 (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or 13 resulting to County in connection with the performance, or failure to perform, by City, its officers, 14 agents, or employees under this Agreement, and from any and all costs and expenses 15 (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or 16 resulting to any person, firm, or corporation who may be injured or damaged by the 17 performance, or failure to perform, of City, its officers, agents, or employees under this 18 Agreement. 19 County shall indemnify, save, hold harmless, and at City's request, defend the City, its 20 officers, agents, and employees from any and all costs and expenses (including attorney's fees 21 and costs), damages, liabilities, claims, and losses occurring or resulting to City in connection 22 with the performance, or failure to perform, by County, its officers, agents, or employees under 23 this Agreement, and from any and all costs and expenses (including attorney's fees and costs), 24 damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation 25 who may be injured or damaged by the performance, or failure to perform, of County, its 26 officers, agents, or employees under this Agreement. 27 8.2 Survival. This Article 8 survives the termination or expiration of this Agreement. 28 8
77 Article 9
Insurance
1 2
3 9.1 The City and County shall comply with all the insurance requirements in Exhibit D to 4 this Agreement.
5 6
Article 10
Inspections, Audits, and Public Records
7 10.1 Inspection of Documents. The City shall make available to the County, and the 8 County may examine at any time during business hours and as often as the County deems 9 necessary, all of City's records and data with respect to the matters covered by this Agreement, 1 0 excluding attorney-client privileged communications. The City shall, upon request by the 11 County, permit the County to audit and inspect all of such records and data to ensure City's 12 compliance with the terms of this Agreement.
13 10.2 State Audit Requirements. If the compensation to be paid by the County under this 14 Agreement exceeds $10,000, City is subject to the examination and audit of the California State 15 Auditor, as provided in Government Code section 8546. 7, for a period of three years after final 16 payment under this Agreement. This section survives the termination of this Agreement. 17 10.3 Public Records. The County is not limited in any manner with respect to its public 18 disclosure of this Agreement or any record or data that City may provide to the County. The 19 County's public disclosure of this Agreement or any record or data that City may provide to the 20 County may include but is not limited to the following:
21 (A) The County may voluntarily, or upon request by any member of the public or 22 governmental agency, disclose this Agreement to the public or such governmental 23 agency. 24 (B) The County may voluntarily, or upon request by any member of the public or 25 governmental agency, disclose to the public or such governmental agency any record or 26 data that City may provide to the County, unless such disclosure is prohibited by court 27 order.
28 9
78 1 (C) This Agreement, and any record or data that City may provide to the County, is 2 subject to public disclosure under the Ralph M. Brown Act (California Government Code, 3 Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950). 4 (D) This Agreement, and any record or data that City may provide to the County, is 5 subject to public disclosure as a public record under the California Public Records Act 6 (California Government Code, Title 1, Division 7, Chapter 3.5, beginning with section 7 6250) ("CPRA").
8 (E) This Agreement, and any record or data that City may provide to the County, is 9 subject to public disclosure as information concerning the conduct of the people's 1 0 business of the State of California under California Constitution, Article 1, section 3, 11 subdivision (b).
12 (F) Any marking of confidentiality or restricted access upon or otherwise made with 13 respect to any record or data that City may provide to the County shall be disregarded 14 and have no effect on the County's right or duty to disclose to the public or governmental 15 agency any such record or data. 16 10.4 Public Records Act Requests. If the County receives a written or oral request 17 under the CPRA to publicly disclose any record that is in City's possession or control, and which 18 the County has a right, under any provision of this Agreement or applicable law, to possess or 19 control, then the County may demand, in writing, that City deliver to the County, for purposes of 20 public disclosure, the requested records that may be in the possession or control of City. Within 21 five business days after the County's demand, City shall (a) deliver to the County all of the 22 requested records that are in City's possession or control, together with a written statement that 23 City, after conducting a diligent search, has produced all requested records that are in City's 24 possession or control, or (b) provide to the County a written statement that City, after conducting 25 a diligent search, does not possess or control any of the requested records. City shall cooperate 26 with the County with respect to any County demand for such records. If City wishes to assert 27 that any specific record or data is exempt from disclosure under the CPRA or other applicable 28 law, it must deliver the record or data to the County and assert the exemption by citation to 10 79
1 specific legal authority within the written statement that it provides to the County under this 2 section. City's assertion of any exemption from disclosure is not binding on the County, but the 3 County will give at least 10 days' advance written notice to City before disclosing any record 4 subject to City's assertion of exemption from disclosure. City shall indemnify the County for any 5 court-ordered award of costs or attorney's fees under the CPRA that results from City's delay, 6 claim of exemption, failure to produce any such records, or failure to cooperate with the County 7 with respect to any County demand for any such records. 8 Article 11
9 10
Disclosure of Self-Dealing Transactions

11.1 Applicability. This Article 11 applies if City is operating as a corporation, or changes 11 its status to operate as a corporation.
12 11.2 Duty to Disclose. If any member of City's board of directors is party to a self-dealing 13 transaction, he or she shall disclose the transaction by completing and signing a "Self-Dealing 14 Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to the County 15 before commencing the transaction or immediately after. 16 11 .3 Definition. "Self-dealing transaction" means a transaction to which City is a party 17 and in which one or more of its directors, as an individual, has a material financial interest. 18 Article 12
19 General Terms
20 12.1 Modification. Any matters of this Agreement may be modified from time to time by 21 the written consent of all the parties without, in any way, affective the remainder. Except as 22 provided in Article 6, "Termination and Suspension," this Agreement may not be modified, and 23 no waiver is effective, except by written agreement signed by both parties. City acknowledges 24 that County employees have no authority to modify this Agreement except as expressly 25 provided in this Agreement.
26 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations 27 under this Agreement without the prior written consent of the other party. 28 11
80 1 12.3 Governing Law. The laws of the State of California govern all matters arising from 2 or related to this Agreement.
3 12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno 4 County, California. City consents to California jurisdiction for actions arising from or related to 5 this Agreement, and, subject to the Government Claims Act, all such actions must be brought 6 and maintained in Fresno County.
7 12.5 Construction. The final form of this Agreement is the result of the parties' combined 8 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be 9 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement 10 against either party.
11 12.6 Days. Unless otherwise specified, "days" means calendar days. 12 12. 7 Headings. The headings and section titles in this Agreement are for convenience 13 only and are not part of this Agreement.
14 12.8 Severability. If anything in this Agreement is found by a court of competent 15 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in 16 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of 17 this Agreement with lawful and enforceable terms intended to accomplish the parties' original 18 intent. 19 12.9 Nondiscrimination. During the performance of this Agreement, City shall not 20 unlawfully discriminate against any employee or applicant for employment, or recipient of 21 services, because of race, religious creed, color, national origin, ancestry, physical disability, 22 mental disability, medical condition, genetic information, marital status, sex, gender, gender 23 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to 24 all applicable State of California and federal statutes and regulation. 25 12: 1 O No Waiver. Payment, waiver, or discharge by the County of any liability or obligation 26 of City under this Agreement on any one or more occasions is not a waiver of performance of 27 any continuing or other obligation of City and does not prohibit enforcement by the County of 28 any obligation on any other occasion.
12 81
1 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement 2 between City and the County with respect to the subject matter of this Agreement, and it 3 supersedes all previous negotiations, proposals, commitments, writings, advertisements, 4 publications, and understandings of any nature unless those things are expressly included in 5 this Agreement. If there is any inconsistency between the terms of this Agreement without its 6 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving 7 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the 8 exhibits. 9 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to 10 create any rights or obligations for any person or entity except for the parties. 11 12.13 Authorized Signature. City represents and warrants to the County that:
12 (A) City is duly authorized and empowered to sign and perform its obligations under 13 this Agreement. 14 (B) The individual signing this Agreement on behalf of City is duly authorized to do 15 so and his or her signature on this Agreement legally binds City to the terms of this 16 Agreement. 17 18 12.14 Electronic Signatures. The parties agree that this Agreement may be executed by 19 electronic signature as provided in this section. 20 (A) An "electronic signature" means any symbol or process intended by an individual 21 signing this Agreement to represent their signature, including but not limited to (1) a 22 digital signature; (2) a faxed version of an original handwritten signature; or (3) an 23 electronically scanned and transmitted (for example by PDF document) version of an 24 original handwritten signature. 25 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed 26 equivalent to a valid original handwritten signature of the person signing this Agreement 27 for all purposes, including but not limited to evidentiary proof in any administrative or 28 13
82 1 judicial proceeding, and (2) has the same force and effect as the valid original 2 handwritten signature of that person.
3 (C) The provisions of this section satisfy the requirements of Civil Code section 4 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, 5 Part 2, Title 2.5, beginning with section 1633.1).
6 (D) Each party using a digital signature represents that it has undertaken and 7 satisfied the requirements of Government Code section 16.5, subdivision (a), 8 paragraphs (1) through (5), and agrees that each other party may rely upon that 9 representation.
10 (E) This Agreement is not conditioned upon the parties conducting the transactions 11 under it by electronic means and either party may sign this Agreement with an original 12 handwritten signature.
13 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an 14 original, and all of which together constitute this Agreement. 15 [SIGNATURE PAGE FOLLOWS]
16 17
18 19
20 21
22 23
24 25
26 27 28
14 83
1 2
3 The parties are signing this Agreement on the date stated in the introductory clause.

City of San Joaquin
4 5 Elizabeth
~ Nunez ,City Manager
6 21900 Colorado Avenue
P.O. Box 758
7 San Joaquin, CA 93660
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 For accounting use only:

Org No.: 31116327
Account No.: 4975
Fund No.: 0001
Subclass No.: 10000
Org No.: 31113201
Account No.: 6000
Fund No.: 0001
Subclass No.: 10000

COUNTY OF FRESNO
Brian Pacheco, Chairman of the Board of
Supervisors of the County of Fresno
Attest:
15 Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: ~
Deputy
84 Exhibit A
1 City of San Joaquin
2 Sheriff-Coroner-Public Administrator, County of Fresno 3 Scope of Services
4 I. General Law Enforcement Services, One Deputy
5 City agrees to pay County for providing General Law Enforcement Services under Section 2.1 of 6 the Agreement, as follows:
7 • County will provide the services of one Deputy Sheriff, at the then-current rate (i.e. the 8 rate listed at the time the service is provided) listed in the Master Schedules of Fees 9 Charges, and Recovered Costs, Section 2609, subdivision (a), for a Deputy Sheriff Ill at 10 the "Regular" hourly rate, per hour. City acknowledges that these are subject to change, 11 as described in the Agreement. The total amount of the General Law Enforcement 12 Services to be provided and paid for, and the manner of invoicing, is described in the 13 Agreement. 14 15 16 17
18 19
20 21 22
23 24
25 26
27 28
A-1
85 Exhibit B
1 Compensation
2 The County will be compensated for performance of its services under this Agreement 3 as provided in this Exhibit B. The County is not entitled to any compensation except as 4 expressly provided in this Exhibit B, and as described in the Agreement. 5 • City shall pay County the cost of performing General Law Enforcement Services at the 6 Premises, as set forth in Section 2.1 of the Agreement, at the applicable rate for such 7 services as delineated in Exhibit A. City will compensate County for a total of 1,440 8 hours of General Law Enforcement Services each school year for the term of this 9 Agreement, to be paid over ten (10) monthly payments for one-hundred-forty four (144) 10 hours per payment. The total hours for the school year may be changed before the 11 school term, upon written approval of both parties no later than thirty (30) days prior to 12 the beginning of the school term. 13 • As indicated in Exhibit A, the hourly rates to be charged by County, and subsequently 14 paid by City, are the rates set forth in the County's Master Schedule of Fees, Charges, 15 and Recovered Costs, Section 2609, subdivision (a), for Regular (i.e. General Law 16 Enforcement Service) and Overtime (i.e. Special Law Enforcement Services) rates, in 17 place at the time the services are provided. The parties further agree that if and when 18 the Master of Schedule of Fees, Charges and Recovered Costs, Section 2609, 19 subdivision (a), is amended, changed, or revised, in any way that changes the rates 20 being charged for the services identified in this Agreement, such amended, changed, or 21 revised the rates being charged for the services identified in this Agreement, such 22 amended, changed, or revised rate will automatically and without any notice to City be 23 incorporated into this Agree!T)ent, replacing any contrary or conflicting rate, from the 24 effective date of the amendment, change, or revision in the rate(s), and will become the 25 new rate to be paid by City for services provided, from the effective date of the rate 26 change forward. The parties acknowledge that the County's Master Schedule of Fees, 27 Charges, and Recovered Costs is subject to change.
28 B-1
86 1
2 3
4 5
6 7
8 9
10 11
12 13 14 15
16 17 18
19 20
21 22
23 24
25 26 27 28
Exhibit B
• County shall submit monthly invoices to City and City shall pay County within thirty (30) calendar days of receipt of any such invoice. At the expiration of termination of this Agreement, County may, in the discretion of Sheriff or Sheriff's designee, submit a final invoice for all amounts unpaid and earned, including any remaining, unpaid portion of the 1,440 hours of General Law Enforcement Services, and City shall pay the full amount of this final invoice with thirty (30) days of receipt thereof. Any payment made more than 30 days after receipt of an invoice may result in termination of this Agreement or service reduction, in the sole discretion of the Fresno County Sheriff's Office, without any penalty or recourse against County.
• City agrees to pay County the one-time startup and vehicle cost for law enforcement services for the City at the School District Premises in a lump sum of sixty-nine thousand, fifty eight dollars ($69,058) thirty (30) days after the signatures of all parties and County will submit invoice to City for the one-time startup and vehicle cost, to be paid in 30 days, as follows:

A. One Patrol Vehicle (Vehicle, Upfitting, Computer, and Radio) B. Equipment, Background, Polygraph, Psych Eval
Total Startup Costs
B-2
$62,728 $6,330
$69,058
87 Exhibit C
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a contractor's board of directors ("County Contractor"), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest." The definition above will be used for purposes of completing this disclosure form.

Instructions
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code.

The form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4).

C-1
88 Exhibit C
(1) Company Board Member Information:

Name: Date:

Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code § 5233 (a)
(5) Authorized Signature
Signature: Date: I
C-2
89 Exhibit D
Insurance Requirements

1. Required Policies
Without limiting the County's right to obtain indemnification from City or any third parties, City, at its sole expense, shall maintain in full force and effect the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of this Agreement. (A) Commercial General Liability. Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.

Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. City shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under City's policy. (B) Automobile Liability. Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.

Coverage must include any auto used in connection with this Agreement. (C) Workers Compensation. Workers compensation insurance as required by the laws of the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for disease. (E) Professional Liability. Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must be prior to the date on which services began under this Agreement; (2) City shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement, then City shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. (F) Molestation Liability. Sexual abuse/ molestation liability insurance (including but not limited to corporal punishment liability, sexual abuse and molestation liability, and child abduction liability) with limits of not less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
(G) Technology Professional Liability (Errors and Omissions). Technology professional liability (errors and omissions) insurance with limits of not less than Two Million Dollars D-1
90 Exhibit D
($2,000,000) per occurrence and in the aggregate. Coverage must encompass all of City's obligations under this Agreement, including but not limited to claims involving Cyber Risks.
(H) Cyber Liability. Cyber liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence. Coverage must include claims involving Cyber Risks. The cyber liability policy must be endorsed to cover the full replacement value of damage to, alteration of, loss of, or destruction of intangible property (including but not limited to information or data) that is in the care, custody, or control of City.

Definition of Cyber Risks. "Cyber Risks" include but are not limited to (i) Security Breach, which may include Disclosure of Personal Information to an Unauthorized Third Party; (ii) data breach; (iii) breach of any of the Contractor's obligations under [identify the Article, section, or exhibit containing data security obligations] of this Agreement; (iv) system failure; (v) data recovery; (vi) failure to timely disclose data breach or Security Breach; (vii) failure to comply with privacy policy; (viii) payment card liabilities and costs; (ix) infringement of intellectual property, including but not limited to infringement of copyright, trademark, and trade dress; (x) invasion of privacy, including release of private information; (xi) information theft; (xii) damage to or destruction or alteration of electronic information; (xiii) cyber extortion; (xiv) extortion related to the Contractor's obligations under this Agreement regarding electronic information, including Personal Information; (xv) fraudulent instruction; (xvi) funds transfer fraud; (xvii) telephone fraud; (xviii) network security; (xix) data breach response costs, including Security Breach response costs; (xx) regulatory fines and penalties related to the Contractor's obligations under this Agreement regarding electronic information, including Personal Information; and (xxi) credit monitoring expenses.

If City is a governmental entity, it may satisfy the policy requirements above through a program of self-insurance, including an insurance pooling arrangement or joint exercise of powers agreement.

2. Additional Requirements
(A) Verification of Coverage. Within 30 days after City signs this Agreement, and at any time during the term of this Agreement as requested by the County's Risk Manager or the County Administrative Office, City shall deliver, or cause its broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno, California 93721, or [email protected], and by mail or email to the person identified to receive notices under this Agreement, certificates of insurance and endorsements for all of the coverages required under this Agreement. (i) Each insurance certificate must state that: (1) the insurance coverage has been obtained and is in full force; (2) the County, its officers, agents, employees, and volunteers are not responsible for any premiums on the policy; and (3) City has waived its right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under any insurance policy required by this Agreement and that waiver does not invalidate the insurance policy. (ii) The commercial general liability insurance certificate must also state, and include an endorsement, that the County of Fresno, its officers, agents, employees, and D-2
91 Exhibit D
volunteers, individually and collectively, are additional insureds insofar as the operations under this Agreement are concerned. The commercial general liability insurance certificate must also state that the coverage shall apply as primary insurance and any other insurance, or self-insurance, maintained by the County shall be excess only and not contributing with insurance provided under City's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must also state the retroactive date of the policy, which must be prior to the date on which services began under this Agreement.
(v) The technology professional liability insurance certificate must also state that coverage encompasses all of City's obligations under this Agreement, including but not limited to claims involving Cyber Risks, as that term is defined in this Agreement.
(vi) The cyber liability insurance certificate must also state that it is endorsed, and include an endorsement, to cover the full replacement value of damage to, alteration of, loss of, or destruction of intangible property (including but not limited to information or data) that is in the care, custody, or control of City. (B) Acceptability of Insurers. All insurance policies required under this Agreement must be issued by admitted insurers licensed to do business in the State of California and possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this Agreement, City shall provide to the County, or ensure that the policy requires the insurer to provide to the County, written notice of any cancellation or change in the policy as required in this paragraph. For cancellation of the policy for nonpayment of premium, City shall, or shall cause the insurer to, provide written notice to the County not less than 1 O days in advance of cancellation. For cancellation of the policy for any other reason, and for any other change to the policy, City shall, or shall cause the insurer to, provide written notice to the County not less than 30 days in advance of cancellation or change.

The County in its sole discretion may determine that the failure of City or its insurer to timely provide a written notice required by this paragraph is a breach of this Agreement. (D) County's Entitlement to Greater Coverage. If City has or obtains insurance with broader coverage, higher limits, or both, than what is required under this Agreement, then the County requires and is entitled to the broader coverage, higher limits, or both.

To that end, City shall deliver, or cause its broker or producer to deliver, to the County's Risk Manager certificates of insurance and endorsements for all of the coverages that have such broader coverage, higher limits, or both, as required under this Agreement.

D-3
92 Exhibit D
(E) Waiver of Subrogation. City waives any right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under the policy of worker's compensation insurance required by this Agreement. City is solely responsible to obtain any policy endorsement that may be necessary to accomplish that waiver, but City's waiver of subrogation under this paragraph is effective whether or not City obtains such an endorsement.
(F) County's Remedy for City's Failure to Maintain. If City fails to keep in effect at all times any insurance coverage required under this Agreement, the County may, in addition to any other remedies it may have, suspend or terminate this Agreement upon the occurrence of that failure, or purchase such insurance coverage, and charge the cost of that coverage to the City. The County may offset such charges against any amounts owed by the County to City under this Agreement.
(G) Subcontractors. City shall require and verify that all subcontractors used by City to provide services under this Agreement maintain insurance meeting all insurance requirements provided in this Agreement. This paragraph does not authorize City to provide services under this Agreement using subcontractors.

D-4
Area 1 - San Joaquin CAD (Monthly View)
Calls for Service - Per Hour (Not Self-Initiated)
6 2
1 3
2 2 2
10 4 4
3 3
9 12
6 6
5 6
11 7
9 0 1 2 4 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Time of Day
0 5
10 # of CAD Events
Calls for Service - Type
Call for Service Type # of CAD Events
PATROL CHECKS 81
AMBULANCE REQUEST 29
DIRECTED PATROL CHECK 28
9-1-1 EMERGENCY UNKNOWN 21
FOLLOW-UP 15
VEHICLE STOP 11
DOMESTIC VIOLENCE 6
COPS ACTIVITY IN SCHOOLS 6
CITIZEN ASSIST 6
CASE 5
ANIMAL COMPLAINT 4
DISTURBANCE 4
EQUIPMENT REPAIR 4
MISC. INVESTIGATION 4
REPOSSESSION 4
SUSPICIOUS PERSON 3
SUSPICIOUS VEHICLE 3
OTHER AGENCY ASSIST 3
Evictions 3
COMMERCIAL BURG 3
CHECK WELFARE 3
FIRE 2
HIT AND RUN VEHICLE 2
OUT OF CONTROL JUVENILE 2
BATTERY 2
MENTALLY UNSTABLE PERSON 2
TRAINING 2
TRESPASS 2
SUSPICIOUS ACTIVITY 2
PUBLIC HAZARD 2
REPORTS 2
VANDALISM 1
VEHICLE CHECK 1
PRIOR PROBLEM 1
PROBATION/PAROLE SEARCH 1
PROWLER 1
INFORMATION 1
INJURY VEHICLE ACCIDENT 1
CHILD ABUSE 1
ADMINISTRATIVE MEETING 1
ARMED ROBBERY 1
ASSIGNED FOLLOW UP 1
AUDIBLE BURGLAR ALARM 1
COMMUNITY CONTACT 1
CIVIL ASSIST 1
DOMESTIC DISTURBANCE 1
DETAIL-SPECIAL DETAIL 1
Totals 282
Calls for Service - By Day (Not Self-Initiated)
Day of Week # of CAD Events
Monday 26
Tuesday 20
Friday 18
Sunday 17
Thursday 12
Saturday 11
Wednesday 9
Totals 113
Total Calls for Service (Not Self-Initiated)
113
San Joaquin
0 25
50 75
100
# of CAD Events
Shots Fired Calls
Call Type # of CAD Events
Totals
No Results
Total Calls for Service
282
San Joaquin
0 100
200
# of CAD Events
Traffic Accidents
Call Type # of CAD Events
HIT AND RUN VEHICLE 2
INJURY VEHICLE ACCIDENT 1
Totals 3 25
Total Reports
Generated on May 1, 2025 at 9:01 AM UTC
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STAFF REPORT TO PLANNING COMMISSION
May 6, 2025
TO: Planning Commission
FROM: Elizabeth Cabrera, City Manager
SUBJECT: General Plan Amendment, Rezoning, and Zoning Text Change to allow for Tentative Tract Map (TTM) No. 6456 to Subdivide APN-033-040-50 into 38 Single Family lots, and associated mitigated negative declaration for the project, and to continue the review of TTM No. 6456 (Property generally located north-west of Arizona and Main Streets) Recommendation:

Staff recommends the Planning Commission adopt a resolution recommending approval of a General Plan Amendment changing land use density from Low Density Residential to Medium Density Residential, Rezoning from R-1 (Low Density Residential) to R-2 (Medium Density Residential, and Zoning Text Change to adjust standards to allow for development, as well as a mitigated negative declaration under CEQA. It is further recommended that the Planning Commission continue the Public Hearing for TTM No. 6456 to the May 6, 2025, Planning Commission Hearing at 6:00 PM.

Executive Summary
Terra Firma Development LLC (Terra Firma). has submitted a Tentative Tract Map for future development of a 38-unit subdivision of APN: 033-040-50 located at the southeast corner of Arizona Main Street. The parcel is located within the city limits and is designated by the General Plan as Low Density Residential and currently zoned R-1. Approval of the tentative tract map requires amending the General Plan land use designation from Low Density Residential to Medium Density Residential and the zoning from R-1 to R-2 to allow for minimum lot size of 3,000 square feet. This will allow for development and approval of a tentative tract map to subdivide the existing parcel into 38 single family lots.

The applicant is proposing a subdivision to allow two unit single story homes with each of the units on a separate lot but connected by a single roofline (See Exhibit B of the resolution) except for two lots with just a single unit on each. Each duplex will be separated from the adjacent duplex by a minimum of 10 feet. The proposed development requires a text amendment to change the R2 zone development standards. The text amendment proposes updates to the City’s Code to allow adjacent parcels to have a zero-lot line for certain duplexes on adjoining sides with a minimum 10- foot setback between structures on the opposite side yard, reduced front yard setbacks on lots facing streets with a typical 60-foot right of way, updates the definition of structure, provides additional options on street and driveway standards including street widths, curb design, and driveways\parking. This text amendment will allow for the construction of the proposed duplex units (see Exhibit C of the resolution). This project implements the goals and policies of the City’s 6 th Cycle Housing Element to facilitate housing development within the city. 94 2
General Plan Amendment
The proposed amendment is to change the designation of APN APN-033-040-50 from Low Density Residential to Medium Density Residential to allow for the change in zoning from R-1 to R-2. See Exhibit B in the attached GPA resolution.

Zoning Text and Zoning Map Amendment
Staff has prepared draft zoning text amendment language for Commission’s review and input (see Exhibit B of the zoning resolution). The draft is currently divided into several sections that include changes to the definition of a structure, R-2 setback standards, and street and driveway standards.

Changes are shown in strikeout and underline below and in Exhibit B of the zoning resolution.

The zoning on the property would also be changed to R-2 as shown in Exhibit C of the zoning resolution.

Change to definition of Structure in zone code
Section § 154.004 Definitions, will be updated as follows:

STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on or in the ground or attachment to something having a permanent location on or in the ground, including but not limited to site-built swimming pools, gazebos, carports, patio covers. This definition does not include driveways and other ground level concrete or other ground level patios less than 12 inches in height, walls and fences less than three feet six inches in height when located in front yards, or less than six feet in height when located in side or rear yards, or other improvements of a minor character.

R-2 Zone Zero Lot Line Modification
Section § 154.062, Development Standards for R-2 zones will be modified as follows:

Development Standard Regulation Comments or Special Requirements Maximum Lot Coverage 60 percent
Minimum Lot Size Interior lots: 3,000 square feet
Corner lots: 3,500 square feet
Minimum Lot Dimensions Depth: 75 feet
Width: 40 feet
Exceptions may be made for cul-de-sac and
corner lots or other non-standard
circumstances.

Maximum Building
Height
Main building: 35 feet
Accessory building: 12 feet
Garage or carport: 15 feet
Minimum Yard Setbacks Front yard: 20 feet; 19 feet allowed on lots fronting a 60-foot right of way street
Side yard:
▪ Interior lot: 5 feet
▪ Corner lot, interior side: 5 feet
▪ Corner lot, street side: 10 feet
▪ Reverse corner lot: 15 feet
Rear Yard: 15 feet
Side yard, Zero Lot Line. Zero lot line
development shall be allowed with a tenfoot setback on the adjoining lot.

OR
Zero Lot Line on same lot line to allow
duplexes on adjoining sides with a
minimum 10-foot setback between
structures on the opposite side yard.

Minimum Space between Between two buildings of residential use: 10 95 3
buildings feet
Between any main building and all nonhabitable accessory buildings: 6 feet DRIVEWAY. A poured-in-place asphalt or concrete slab which covers less than 50% of the required front yard area of the lot and is connected to a public right-of-way by a curb cut, or any other designated parking area. On corner lots, coverage can cover up to 60% of the required lot front yard area.

CEQA Determination
Per the California Environmental Quality Act (CEQA), an Initial Study-Mitigated Negative Declaration has been prepared by the City of San Joaquin to assess the project to evaluate potentially significant environmental impacts. On the basis of that study it was determined that no significant environmental impacts would result from the project with mitigation incorporated. The City, as the CEQA Lead Agency, shall consider the MND as prepared prior to making a decision on the project. (See Exhibit A of each resolution).

There have been refinements made to reduce the density and intensity of the project, and modify City standards. However, the new project revisions do not create new avoidable significant effects, and do not create new significant environmental effects. Instead, the refinements merely clarify or make environmentally insignificant (and less impactful) modifications to the originally circulated mitigated negative declaration. As a result, recirculation of the initial study/MND is not required per CEQA.

Background
The City previously approved in June of 2020, Tentative Tract Map 6307 (TTM 6307) on this parcel allowing 23 single family lots. It was revised and approved in June of 2021 to add two more lots for a total of 25 lots ranging in size from 6,300 square feet (SF) to 9,829 SF in accordance with R-1 zoning standards.

A new map is now being proposed to allow for 38 lots as previously described. This map has been developed in coordination with City staff to meet City standards and modifying standards to allow for approval of this project in order to meet the City’s 6th Cycle Housing Element programs to provide additional housing in the City.

The Applicant would be required to agree to the additional conditions of project approval listed below as part of obtaining tentative tract map approval. All other City and CEQA requirements for the proposed TTM are met to the City’s satisfaction. The TTM was reviewed by CALFIRE and they issued a fire permit (# 10868). The map submitted is shown in Exhibit A.

General Plan Consistency
The San Joaquin General Plan Land Use Element guides the city’s long-range growth and development policy; it establishes citywide standards, goals, and policies that are implemented through the City’s zoning ordinances, and other pertinent programs. The project site will be 96 4
designated as Medium Density Residential (MDR) by the San Joaquin General Plan. The MDR limits building density to 8 to 20 units per acre with a minimum of 1,500 SF per unit. The planned land use for the TTM is to subdivide the existing lot into 38 single family lots on an approximately

5.06-acre parcel which would result in approximately 8 units per acre. The project is consistent with the San Joaquin General Plan requirements for the MDR designation.

Zoning Ordinance Consistency (SJMC Chapter 154)
The project site is zoned R-1 to be rezoned as R-2. Pursuant to SJMC Section 154.061 Permitted Uses, R zones permit the following by right: (A) residential structures together with the accessory buildings customary to such use; (B) Flower and vegetable gardens, orchards, the raising of tree crops, berry, or bush crops for the purpose of propagation and culture, including wholesaling crops raised on the premises; provided, no signs, displays, or stands are used in conjunction therewith; (C) Swimming pools for either individual, family, or communal use on an exclusive noncommercial basis. The TTM is consistent with the allowable uses of the project site pursuant to R2 zoning in that it allows for the development of 38 single family duplexes at an allowed density for the R-2 Zone District.

Staff is recommending the following project Conditions of Approval to the TTM to meet all required City standards.

Tract Map Conditions of Approval:

Engineering Conditions of Approval
General

1. All minimum conditions of subdivision approval in the City of San Joaquin Subdivision Ordinance are included by reference.

2. The tract map shall comply with all provisions of the Subdivision Map Act.

3. Approval of the Tentative Map is subject to all required California Environmental Quality Act studies and corresponding mitigation measures as determined by the City Planner.

4. The subdivision layout, zoning, density, lot usage and access, and other applicable criteria are subject to the approval by the City Planner.

5. The subdivision ingress/egress is subject to the approval by the County of Fresno Fire Department. Applicant shall provide underground fire as required and approved by the Fire Department under Permit #10868.

6. The non-standard subdivision improvements including, but not limited to, right of way, driveway approach, L-type curb return, return radius, etc., are subject to the Text Amendment provisions approved by the San Joaquin Planning Commission and City Council.

7. Prior to approval of the Final Map and recording thereof, Applicant shall:
97 5
a. Construct all public improvements or provide the required surety for the construction thereof for acceptance by the City Council.
b. All necessary dedications for rights of way and easements shall be provided to the City of San Joaquin, public utility companies, and other affected agencies. c. Properly abandon any existing public or private easements within the proposed subdivision.

8. Prior to approval of the Final Map, improvement plans for streets, utilities, drainage facilities, survey monuments, grading, erosion control, and other required improvements shall be submitted for the City Engineer’s approval.

9. Public improvements shall conform to the City of San Joaquin Improvement Standards in place at the time of tentative map approval except as permitted by any zoning and land use approvals for this project and any modifications thereto approved by the City Engineer. The work shall comply with all applicable State, Federal, and local laws and regulations.

10. A soils report prepared by a California registered geotechnical engineer shall be submitted to the City Engineer as part of the improvement plans. The soils report shall include recommendations for the structural sections for streets, excavation, compaction, clearing, and grubbing requirements.

11. Prior to approval of the improvement plans, Applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for construction activities pursuant to the California Water Resources Control Board Order No. 2022-0057-DWQ, NPDES No. CAS000002. Prepare an Erosion Control Plan as part of the improvement plans for storm water and construction BMPs. Applicant shall provide a WDID number prior to approval of the improvement plans.

12. Prior to approval of the improvement plans, Applicant shall prepare a pre-project water balance calculation for storm water runoff pursuant to the California Water Resources Control Board Order No. 2022-0057-DWQ, NPDES No. CAS000002 for compliance with Post-Construction Standards for non-MS4 Phase I and Phase II agencies.

13. Prior to approval of the improvement plans, Applicant shall prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for approval of construction activities for the project if required.

14. Prior to the issuance of any grading and encroachment permits, Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City’s improvement standards, municipal code, ordinances, and California Subdivision Map Act.

15. Prior to the issuance of a building permit, Applicant shall pay all development impact fees as specified and pursuant to the City’s municipal code, ordinances, and resolutions. The fee assessment shall include all applicable fees for Public Facilities, Police, Fire Protection, Streets, Water, Sewer, Storm Drainage, Railroad Crossings and Parks. Fees shall be paid at the time of the issuance of each permit.
98 6

16. The proposed parcels shall be annexed to the applicable assessment districts including, but not limited to, the Landscape and Lighting Maintenance District and Community Facilities District for the City of San Joaquin for all required and applicable assessments, or, at the City’s discretion, Applicant will agree to form a new district for these assessments.

17. Provide utility services to each lot including electric power, gas, telephone, and cable television, unless approved otherwise by the City of San Joaquin. Construct all proposed utilities underground within the street rights of way or public utility easement.

18. Provide Center Line Monuments for all street intersections and locations as required by the City standards.

19. Remove all utility poles along the street frontage of proposed subdivision and underground all overhead lines including electrical, communication, and cable tv.

20. Provide a landscaped buffer between the street side and subdivision lots along Main Street.

21. Construct a split-face CMU block wall on Main Street to extend the length of the subdivision boundary.

22. Applicant shall comply with all flood hazard requirements for all newly created lots pursuant to all applicable regulations and as approved by the City of San Joaquin.

23. The location and installation of mailboxes shall be approved by the US Postmaster and the City of San Joaquin.

24. The names for the new subdivision streets are subject to approval by the City of San Joaquin.

25. The existing and proposed right of ways and easements shown on the Tentative Map shall be preliminary until the Final Map is reviewed and approved by the City Engineer.

26. Applicant shall coordinate and obtain all required approvals from any stakeholder agencies affected by the work.

Subdivision Public Improvements
Streets

27. Dedicate a 10-ft public utility/pedestrian easement for the south half of Main Street and construct street improvements pursuant to standards for a 100-ft Typical Street Section or as approved by the City Engineer. Roadway pavement shall be widened to ultimate street width within the project frontage and transitioned to existing pavement as required. Curb, gutter, sidewalk, landscaping, street lighting and other required street frontage improvements shall extend the length of the subdivision boundary. Construct all required frontage improvements per City standards and the Tentative Map or as approved by the City Engineer.

28. Dedicate a 10-ft public utility/pedestrian easement for the east half of Arizona Avenue and construct street improvements pursuant to standards for a 60-ft Typical Street Section or as approved by the City Engineer. Roadway pavement shall be widened to ultimate street width within the project frontage and transitioned to existing pavement as required. Curb, gutter, 99 7
and sidewalk and other required street frontage improvements shall extend the length of the subdivision boundary. Construct all required frontage improvements per City standards and the Tentative Map or as approved by the City Engineer.

29. Dedicate street right of way and public utility/pedestrian easement for all new subdivision streets and construct street improvements pursuant to a 53-ft Proposed Street Section as shown on the Tentative Map or as approved by the City Engineer. Roadway improvements shall include, but not be limited to, pavement section, curb, gutter, sidewalk, curb ramps, driveways, street lighting, landscaping, survey monuments, signage, and striping and shall conform to the City’s Improvement Standards and the Tentative Map.

30. Dedicate street right of way and public utility/pedestrian easement for all new subdivision streets and construct street improvements pursuant to a 49-ft Proposed Street Section as shown on the Tentative Map or as approved by the City Engineer. Roadway improvements shall include, but not be limited to, pavement section, curb, gutter, sidewalk, curb ramps, driveways, street lighting, landscaping, survey monuments, signage, and striping and shall conform to the City’s Improvement Standard and the Tentative Map.

31. Provide street lights on Arizona Avenue as required by the City of San Joaquin.

32. Provide asphalt overlay for Arizona Avenue as shown on the Tentative Map and as approved by the City Engineer.

33. Provide fire lane red painted curbs as shown on the Tentative Map and as approved by the City of San Joaquin.

Water System

34. Construct water mains, fire hydrants, blowoffs, sampling stations, and lateral connections as necessary to serve each lot.

35. Water services shall be sized to meet domestic and fire protection demands and shall include shutoff valves, corporation stops, and water meters. Subdivider shall incorporate water recirculation for residential sprinkler system at the water service or onsite plumbing as applicable.

36. Construct minimum 8-inch water mains on City streets and looped as needed to support the proposed subdivision and approved by the City Engineer. Pipe sizes greater than the minimum shall be determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the Water Master Plan.

37. Construct and/or extend water mains on Main Street, Veracruz Avenue, Chiapas Avenue, and 11th Street.

38. Extend the existing 12-inch water main on Main Street the length of the subdivision boundary.

39. Provide fire hydrants on Main Street and Arizona Avenue as required by the County of Fresno Fire Department.

Sewer System
100
8 40. Construct sewer lines, lift stations, manholes, and lateral connections as necessary to serve each lot. Convey sanitary wastewater via a gravity flow system unless a lift station is required at points of connection due to topography restrictions.

41. Lateral connections shall include cleanouts and other required components per the City’s Improvement Standards.

42. Construct minimum 8-inch sewer mains on City streets unless approved otherwise by the City Engineer. Pipe sizes greater than the minimum shall be determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the Sewer Master Plan.

43. Construct and/or extend sewer mains on Main Street, Veracruz Avenue, and Chiapas Avenue.

44. Extend the existing 8-inch sewer main on Main Street the length of the subdivision boundary.

Storm Drainage

45. Construct storm drain lines, manholes, drain inlets, catch basins, detention basins, outfalls, and lift stations as necessary for collecting and conveying the storm runoff for the subdivision.

46. Construct storm sewers on City streets as determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the Storm Drain Master Plan.

47. All runoff from the proposed City streets shall be contained within the public rights of way or easements and conveyed to a storm drain basin agreeable to the City and Applicant.

Applicant shall discharge storm runoff to the City basin on northeast corner of California and 5 th Street via the existing City storm sewers. Applicant shall upgrade the pipe network or demonstrate that these facilities have the adequate capacity to handle the existing flows plus project. Applicant shall be responsible for any required off-site storm basin improvements to accommodate the additional storm water runoff from the project site. 101
01236.0305 2003633.1
RESOLUTION NO. PC 2025-01

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN JOAQUIN, CALIFORNIA,

RECOMMENDING TO THE CITY COUNCIL THE

APPROVAL OF THE ZONING TEXT AMENDMENT AND
REZONING OF APN 033-040-50 IN COMPLIANCE WITH

THE SAN JOAQUIN MUNICIPAL CODE SECTION
154.061.

WHEREAS, on December 19, 2023, Terra Firma Development LLC (“Applicant”) proposed a rezoning of the Project site from R-1 to R-2 to allow for the subdivision and development of Main Street Townhomes on APN 033-040-50 (generally located north-west of Arizona and Main Streets); and
WHEREAS, the Applicant also proposes a Zoning Text Amendment to the R-2 zone development standards within the San Joaquin Municipal Code (SJMC) to allow for the construction of the duplex units including changes to the definition of a structure, R-2 setback standards, and street and driveway standards; and
WHEREAS, on May 6, 2025, the Planning Commission of the City of San Joaquin conducted a duly noticed public hearing on the Project. At the hearing, all interested persons were given an opportunity to be heard; and
WHEREAS, the Planning Commission received and considered the staff report and all the information, evidence, and testimony presented in connection with this Project; and WHEREAS, the Planning Commission concurrently reviewed and considered the Main Street Townhomes IS-MND prior taking action; and
NOW, THEREFORE, the Planning Commission of the City of San Joaquin finds, determines, and resolves as follows:

1. The Planning Commission finds that all of the facts set forth in the Recitals of this Resolution are true and correct and are incorporated herein by reference.

2. The Planning Commission has considered the IS-MND prepared for this project prior to making a recommendation of the Zoning Text Amendment and Rezone of APN 033-040- 50 to R-2.

3. The Planning Commission The Planning Commission finds, and recommends that the City Council find and determine, that the Zoning Text Amendment and the Rezone are consistent with the General Plan as amended by the concurrently-recommended General Plan amendment. The Planning Commission further recommends that the City Council find that both the Zoning Text Amendment and Rezone i) are consistent with the General Plan goals and policies as amended; ii) are consistent with the purpose of the zoning ordinance to promote and protect the public's health, safety, peace, comfort, convenience and general welfare; iii) the project would provide open space, light, air, privacy, convenience, access, aesthetic values, protection of environmental values, and protection of public and private improvements; and iv) the project will allow for the creation of quality balanced neighborhoods that provide housing options for the City. 102
01236.0305 2003633.1

4. Based on the information provided above, the Planning Commission recommends to the City Council of adopt an ordinance approving Rezoning Text Amendments as set forth in Exhibit “A”, and adopt a Rezone reclassify the zone districts as depicted in Exhibit “C” shown on the zoning map for the City of San Joaquin.

5. The Clerk shall certify the adoption of the Resolution.

The forgoing resolution was adopted at a regular meeting of the Planning Commission of the City of San Joaquin the 6th day of May 2025, and passed at said meeting with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Adam Flores-Cornejo, Chair
City of San Joaquin Planning
Commission
ATTEST:
______________________________________
Matt Flood, City Clerk
City of San Joaquin
Approved as to Legal Form:

Hilda Cantú Montoy
City Attorney
Exhibit A: Zone Text Amendment
Exhibit B: Rezone (Zoning Map)
103
01236.0305 2003633.1
Exhibit A: Zone Text Amendments
Changes are shown in strikeout and underline.

Change to definition of Structure in zone code
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on or in the ground or attachment to something having a permanent location on or in the ground, including but not limited to site-built swimming pools, gazebos, carports, patio covers. This definition does not include driveways and other ground level concrete or other ground level patios less than 12 inches in height, walls and fences less than three feet six inches in height when located in front yards, or less than six feet in height when located in side or rear yards, or other improvements of a minor character.

R-2 Zone Zero Lot Line Modification
Development Standard Regulation Comments or Special Requirements Maximum Lot Coverage 60 percent
Minimum Lot Size Interior lots: 3,000 square feet
Corner lots: 3,500 square feet
Minimum Lot Dimensions Depth: 75 feet
Width: 40 feet
Exceptions may be made for cul-de-sac and
corner lots or other non-standard
circumstances.

Maximum Building Height Main building: 35 feet
Accessory building: 12 feet
Garage or carport: 15 feet
Minimum Yard Setbacks Front yard: 20 feet; 19 feet allowed on lots fronting a 60-foot right of way street
Side yard:
▪ Interior lot: 5 feet
▪ Corner lot, interior side: 5 feet
▪ Corner lot, street side: 10 feet
▪ Reverse corner lot: 15 feet
Rear Yard: 15 feet
Side yard, Zero Lot Line. Zero lot line
development shall be allowed with a tenfoot setback on the adjoining lot.

OR
Zero Lot Line on same lot line to allow
duplexes on adjoining sides with a
minimum 10-foot setback between
structures on the opposite side yard.

Minimum Space between
buildings
Between two buildings of residential use:
10 feet
Between any main building and all nonhabitable accessory buildings: 6 feet DRIVEWAY. A poured-in-place asphalt or concrete slab which covers less than 50% of the required front yard area of the lot and is directly connected to a public right-of-way by a curb cut, or any other designated parking area. On corner lots coverage can cover up to 60% of the required lot front yard area.
104
01236.0305 2003633.1
New Standard Specifications and Drawings
105
(D SIDEWALK TRANS~! ION TO DRIVE APPROACH
ROLL

CURB AND GUTTER
,----------8'-0"--------_,
ROLL

CURB, GUTTER AND SIDEWALK
01236.0305 2003633.1
106
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b/111£ APPf!OACH£S Oh!Y.
6' SJNO OIi AC BASE Cl N {l!{l)8/ AU ewe S11/EET IVPROVf/,fENTS PROPOSED 53' STREET SECTION
NOT TO SCAlE
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R/W
l-+-------26.5"--------+------- 18.5'-----IHI
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01236.0305 2003633.1
Exhibit C: Rezone Rezoning Map (placeholder)
107
City of San Joaquin, California
Zoning Map January 2022
Legend
O atyUmm
Zoning Dlstrkt
- Comm,ro,ICCJ 1111 Main Street Commercial (C-MS}
- M•nufacMlng {Ml
..
1111 Resource Conwrntion ind Open SpKe (OSI
1111 Pubhc/Seml~l.bh,c Facllitle$ (PSP)
S.l'l,llt-Famit;, fwM:iffln.a t (R-1)
111111 Multi-F,mily Raidtnti.11 (R-2)
~ Multi-Farruly Aesldent1al (R-3)
11111 Multi-ramtlv Resldentlal (R-4)
RiilrOid fti.lht of W,v (Not i Zorl4 District)
N
A
0 500 1,000
Feet
t...

R-3
R-3
Dato Sou~es: City or San Joaquin, County or Fresno. Basemop provided by ESRI and its icensors, 2021 Zoning.mxd 01236.0305 2003633.1
108
01236.0305 2003630.1
RESOLUTION NO. NO. PC 2025-02

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN JOAQUIN, CALIFORNIA,

RECOMMENDING APPROVAL FOR THE ADOPTION OF

THE MAIN STREET TOWNHOMES PROJECT INITIAL
STUDY MITIGATED NEGATIVE DECLARATION (ISMND) AND GENERAL PLAN AMENDMENT FOR A LAND

USE DESIGNATION CHANGE
WHEREAS, on December 19, 2023, Terra Firma Development LLC (“Applicant”) proposed a General Plan Amendment for a land use redesignation from Low Density Residential to Medium Density Residential to allow for the subdivision of APN-033-040-50 (TTM 6456, generally located north-west of Arizona and Main Streets) into 38 single family lots; and WHEREAS, on May 6, 2025, the Planning Commission of the City of San Joaquin conducted a duly noticed public hearing on the General Plan Amendment and Initial Study-Mitigated Negative Declaration (IS-MND) and at the hearing, all interested persons were given an opportunity to be heard; and
WHEREAS, the Planning Commission received and considered the staff report and all the information, evidence, and testimony presented in connection with this Project; WHEREAS, per the California Environmental Quality Act (CEQA), an Initial Study has been prepared by Applicant to assess the adoption of Tentative Tract Map (TTM) 6456, General Plan Amendments, and zoning amendments to evaluate potentially significant environmental impacts, and on the basis of that study it was determined that no significant environmental impacts would result from the project; and
WHEREAS, the Planning Commission reviewed and considered the analysis and finds that the proposed General Plan Amendment, zoning amendments, and TTM complies with CEQA Guidelines (CEQA Guidelines Section 21081.6) prior to making a decision on the adoption of the IS-MND and General Plan Amendments; and
NOW, THEREFORE, the Planning Commission of the City of San Joaquin finds, determines, and resolves as follows:

1. The Planning Commission finds that all of the facts set forth in the Recitals of this Resolution are true and correct and are incorporated herein by reference.

2. The Planning Commission has considered the IS-MND for the General Plan Amendment, zoning amendments, and TTM 6456 prior to making a decision on the Project (attached to this Resolution as Exhibit A and incorporated by reference). Specifically, Planning Commission finds, and recommends the City Council find, that an environmental assessment initial study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a 109
01236.0305 2003630.1
thorough review of the proposed Project and relevant environmental issues. Based on this review and assessment, the Planning Commission recommend the City Council find that although the project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been identified to reduce the potential significant direct, indirect or cumulative effects on the environment to a level less-than-significant, and that a Mitigated Negative Declaration is appropriate for this project. The Planning Commission recommends the City Council further find the Initial Study and Mitigated Negative Declaration were timely and properly published and noticed as required by CEQA. Finally, the Planning Commission recommends the City Council find that while there have been refinements made to reduce the density and intensity of the project, and modify City standards, these do not create new avoidable significant effects, and do not create new significant environmental effects. Instead, the refinements merely clarify or makes environmentally insignificant (and less impactful) modifications to the originally circulated mitigated negative declaration. As a result, recirculation of the initial study/MND is not required per CEQA Guidelines section 15073.5(c).)
As such, the Planning Commission recommends the City Council adopt Mitigated Negative Declaration (SCH No. 2024030027) including the Mitigation Monitoring and Reporting Program.

3. The Planning Commission recommends that the City Council consider and approve the General Plan Amendment to redesignate APN-033-040-50 from Low Density Residential to Medium Density Residential. Based on the testimony and information presented at the hearing, and all of the evidence in the whole of the record pertaining to this matter, the Planning Commission hereby finds that the proposed amendment to the General Plan is consistent with the intent and purpose of the General Plan. Among others, the project is consistent with General Plan Housing Element, and assists with meeting regional housing needs consistent with the Housing Element’s implementation of these requirements.

Additionally, the Planning Commission recommends the City Council find that approval of General Plan in the best interest of the City, and is not detrimental to public health, safety, or welfare. As such, the Planning Commission recommends the City Council approve the amendment of the General Plan Land Use Map by amending the General Plan land use designation of APN-033-040-50, from Low Density Residential to Medium Density Residential as specified in attached Exhibit "B," which is incorporated by reference.

4. This Resolution is effective upon adoption.

The forgoing resolution was adopted at a regular meeting of the Planning Commission of the City of San Joaquin the 6th day of May 2025, and passed at said meeting with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
110
01236.0305 2003630.1
___________________________
Adam Flores-Cornejo, Chair
City of San Joaquin Planning
Commission
ATTEST:
______________________________________
Matt Flood, City Clerk
City of San Joaquin
Approved as to Legal Form:

Hilda Cantú Montoy
City Attorney
Exhibit A: Main Street Townhomes IS-MND (including Mitigation Monitoring and Reporting Program)
Exhibit B: General Plan Amendment
111
Exhibit B (placeholder)
01236.0305 2003630.1
Exhibit will show change to MD
Residential at comment site
112
Figure 1- City of s·an Joa - General Pl qum
Designatio~~ Land Use
8 01236.0305 2003630.1
113
RESOLUTION NO. NO. PC 2025-03

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN JOAQUIN, CALIFORNIA,

RECOMMENDING TO THE CITY COUNCIL THE
APPROVAL OF TENTATIVE TRACT MAP (TTM) NO.
6456
WHEREAS, On December 19, 2023, Terra Firma Development LLC (“Applicant”) submitted a Tentative Tract Map (TTM) to split a parcel into 38 single-family lots on APN 033-040-50 (generally located north-west of Arizona and Main Streets) (“Project”); and WHEREAS, the Planning Commission received and considered the staff report with project conditions of approval and all the information, evidence, and testimony presented in connection with this Project; and
WHEREAS, the Planning Commission reviewed and considered the Main Street Townhomes IS-MND, proposed General Plan Amendment, proposed Zoning Text Amendment, and propose Rezone prior to making a decision on TTM No. 6456.

NOW, THEREFORE, the Planning Commission of the City of San Joaquin finds, determines, and resolves as follows:

1. The Planning Commission finds that all of the facts set forth in the Recitals of this Resolution are true and correct and are incorporated herein by reference.

2. The Planning Commission finds and determines, and recommends the City Council find and determine, that TTM No. 6456 is consistent with the City’s General Plan, zoning ordinance, and all applicable laws, and is in the best interest of the City. The Planning Commission hereby recommends to the City Council approve TTM No. 6456, attached hereto as Exhibit A, subject to conditions set forth in Exhibit B.

3. This resolution is effective upon adoption.

The forgoing resolution was adopted at a regular meeting of the Planning Commission of the City of San Joaquin the 6th day of May 2025, and passed at said meeting with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Adam Flores-Cornejo, Chair
City of San Joaquin Planning
Commission
ATTEST:
114
______________________________________
Matt Flood, City Clerk
City of San Joaquin
Approved as to Legal Form:

Hilda Cantú Montoy
City Attorney
Exhibit A: Tentative Tract Map No. 6456
Exhibit B: Conditions of Approval for Tentative Tract Map No. 6456 115
Exhibit A
Tentative Tract Map No. 6456
(See PDF of TTM 6456 to insert; file 22-068 Tentative Tract Map -REV_2025-03-04(dgmsig).pdf) 116
Exhibit A
Tentative Tract Map No. 6456
117
Exhibit B
Conditions of Approval for TTM No. 6456
Conditions of Approval:

General

1. All minimum conditions of subdivision approval in the City of San Joaquin Subdivision Ordinance are included by reference.

2. The tract map shall comply with all provisions of the Subdivision Map Act.

3. Approval of the Tentative Map is subject to all required California Environmental Quality Act studies and corresponding mitigation measures as determined by the City Planner.

4. The subdivision layout, zoning, density, lot usage and access, and other applicable criteria are subject to the approval by the City Planner.

5. The subdivision ingress/egress is subject to the approval by the County of Fresno Fire Department. Applicant shall provide underground fire as required and approved by the Fire Department under Permit #10868.

6. The non-standard subdivision improvements including, but not limited to, right of way, driveway approach, L-type curb return, return radius, etc., are subject to the Text Amendment provisions approved by the San Joaquin Planning Commission and City Council.

7. Prior to approval of the Final Map and recording thereof, Applicant shall:
a. Construct all public improvements or provide the required surety for the construction thereof for acceptance by the City Council. b. All necessary dedications for rights of way and easements shall be provided to the City of San Joaquin, public utility companies, and other affected agencies. c. Properly abandon any existing public or private easements within the proposed subdivision.

8. Prior to approval of the Final Map, improvement plans for streets, utilities, drainage facilities, survey monuments, grading, erosion control, and other required improvements shall be submitted for the City Engineer’s approval.

9. Public improvements shall conform to the City of San Joaquin Improvement Standards in place at the time of tentative map approval except as permitted by any zoning and land use approvals for this project and any modifications thereto approved by the City Engineer. The work shall comply with all applicable State, Federal, and local laws and regulations.

10. A soils report prepared by a California registered geotechnical engineer shall be submitted to the City Engineer as part of the improvement plans. The soils report shall include recommendations for the structural sections for streets, excavation, compaction, clearing, and grubbing requirements.

11. Prior to approval of the improvement plans, Applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for construction activities pursuant to the California 118
Water Resources Control Board Order No. 2022-0057-DWQ, NPDES No. CAS000002.

Prepare an Erosion Control Plan as part of the improvement plans for storm water and construction BMPs. Applicant shall provide a WDID number prior to approval of the improvement plans.

12. Prior to approval of the improvement plans, Applicant shall prepare a pre-project water balance calculation for storm water runoff pursuant to the California Water Resources Control Board Order No. 2022-0057-DWQ, NPDES No. CAS000002 for compliance with Post-Construction Standards for non-MS4 Phase I and Phase II agencies.

13. Prior to approval of the improvement plans, Applicant shall prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for approval of construction activities for the project if required.

14. Prior to the issuance of any grading and encroachment permits, Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City’s improvement standards, municipal code, ordinances, and California Subdivision Map Act.

15. Prior to the issuance of a building permit, Applicant shall pay all development impact fees as specified and pursuant to the City’s municipal code, ordinances, and resolutions.

The fee assessment shall include all applicable fees for Public Facilities, Police, Fire Protection, Streets, Water, Sewer, Storm Drainage, Railroad Crossings and Parks. Fees shall be paid at the time of the issuance of each permit.

16. The proposed parcels shall be annexed to the applicable assessment districts including, but not limited to, the Landscape and Lighting Maintenance District and Community Facilities District for the City of San Joaquin for all required and applicable assessments, or, at the City’s discretion, Applicant will agree to form a new district for these assessments.

17. Provide utility services to each lot including electric power, gas, telephone, and cable television, unless approved otherwise by the City of San Joaquin. Construct all proposed utilities underground within the street rights of way or public utility easement.

18. Provide Center Line Monuments for all street intersections and locations as required by the City standards.

19. Remove all utility poles along the street frontage of proposed subdivision and underground all overhead lines including electrical, communication, and cable tv.

20. Provide a landscape buffer between the street side and subdivision lots along Main Street.

21. Construct a split-face CMU block wall on Main Street to extend the length of the subdivision boundary.

22. Applicant shall comply with all flood hazard requirements for all newly created lots pursuant to all applicable regulations and as approved by the City of San Joaquin.

23. The location and installation of mailboxes shall be approved by the US Postmaster and the City of San Joaquin.

24. The names for the new subdivision streets are subject to approval by the City of San Joaquin.
119

25. The existing and proposed right of ways and easements shown on the Tentative Map shall be preliminary until the Final Map is reviewed and approved by the City Engineer.

26. Applicant shall coordinate and obtain all required approvals from any stakeholder agencies affected by the work.

Subdivision Public Improvements
Streets

27. Dedicate a 10-ft public utility/pedestrian easement for the south half of Main Street and construct street improvements pursuant to standards for a 100-ft Typical Street Section or as approved by the City Engineer. Roadway pavement shall be widened to ultimate street width within the project frontage and transitioned to existing pavement as required. Curb, gutter, sidewalk, landscaping, street lighting and other required street frontage improvements shall extend the length of the subdivision boundary. Construct all required frontage improvements per City standards and the Tentative Map or as approved by the City Engineer.

28. Dedicate a 10-ft public utility/pedestrian easement for the east half of Arizona Avenue and construct street improvements pursuant to standards for a 60-ft Typical Street Section or as approved by the City Engineer. Roadway pavement shall be widened to ultimate street width within the project frontage and transitioned to existing pavement as required.

Curb, gutter, and sidewalk and other required street frontage improvements shall extend the length of the subdivision boundary. Construct all required frontage improvements per City standards and the Tentative Map or as approved by the City Engineer.

29. Dedicate street right of way and public utility/pedestrian easement for all new subdivision streets and construct street improvements pursuant to a 53-ft Proposed Street Section as shown on the Tentative Map or as approved by the City Engineer. Roadway improvements shall include, but not be limited to, pavement section, curb, gutter, sidewalk, curb ramps, driveways, street lighting, landscaping, survey monuments, signage, and striping and shall conform to the City’s Improvement Standards and the Tentative Map.

30. Dedicate street right of way and public utility/pedestrian easement for all new subdivision streets and construct street improvements pursuant to a 49-ft Proposed Street Section as shown on the Tentative Map or as approved by the City Engineer. Roadway improvements shall include, but not be limited to, pavement section, curb, gutter, sidewalk, curb ramps, driveways, street lighting, landscaping, survey monuments, signage, and striping and shall conform to the City’s Improvement Standard and the Tentative Map.

31. Provide street lights on Arizona Avenue as required by the City of San Joaquin.

32. Provide asphalt overlay for Arizona Avenue as shown on the Tentative Map and as approved by the City Engineer.

33. Provide fire lane red painted curbs as shown on the Tentative Map and as approved by the City of San Joaquin.

Water System

34. Construct water mains, fire hydrants, blowoffs, sampling stations, and lateral connections as necessary to serve each lot.
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35. Water services shall be sized to meet domestic and fire protection demands and shall include shutoff valves, corporation stops, and water meters. Subdivider shall incorporate water recirculation for residential sprinkler system at the water service or onsite plumbing as applicable.

36. Construct minimum 8-inch water mains on City streets and looped as needed to support the proposed subdivision and approved by the City Engineer. Pipe sizes greater than the minimum shall be determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the Water Master Plan.

37. Construct and/or extend water mains on Main Street, Veracruz Avenue, Chiapas Avenue, and 11th Street.

38. Extend the existing 12-inch water main on Main Street the length of the subdivision boundary.

39. Provide fire hydrants on Main Street and Arizona Avenue as required by the County of Fresno Fire Department.

Sewer System

40. Construct sewer lines, lift stations, manholes, and lateral connections as necessary to serve each lot. Convey sanitary wastewater via a gravity flow system unless a lift station is required at points of connection due to topography restrictions.

41. Lateral connections shall include cleanouts and other required components per the City’s Improvement Standards.

42. Construct minimum 8-inch sewer mains on City streets unless approved otherwise by the City Engineer. Pipe sizes greater than the minimum shall be determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the Sewer Master Plan.

43. Construct and/or extend sewer mains on Main Street, Veracruz Avenue, and Chiapas Avenue.

44. Extend the existing 8-inch sewer main on Main Street the length of the subdivision boundary.

Storm Drainage

45. Construct storm drain lines, manholes, drain inlets, catch basins, detention basins, outfalls, and lift stations as necessary for collecting and conveying the storm runoff for the subdivision.

46. Construct storm sewers on City streets as determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the Storm Drain Master Plan.

47. All runoff from the proposed City streets shall be contained within the public rights of way or easements and conveyed to a storm drain basin agreeable to the City and Applicant. Applicant shall discharge storm runoff to the City basin on northeast corner of California and 5th Street via the existing City storm sewers. Applicant shall upgrade the pipe network or demonstrate that these facilities have the adequate capacity to handle the existing flows plus project. Applicant shall be responsible for any required off-site storm 121
basin improvements to accommodate the additional storm water runoff from the project site.
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STAFF REPORT
Date: May 6, 2025
TO: Honorable Mayor and Councilmembers
FROM: Mario Gouveia, City Engineer
REVIEWED BY: Elizabeth Cabrera, City Manager
SUBJECT:

Resolution of the City Council of the City of San Joaquin Amending the Agreement with Gouveia Engineering, Inc. for City Engineer Consultant Services and Authorizing the City Manager to Execute the Amendment.

RECOMMENDATION:

Adopt Resolution No. 2025-21, approving Amendment No. 3 to City Engineer Consultant Services Agreement with Gouveia Engineering, Inc. and authorizing the City Manager to execute Amendment No. 3.

BACKGROUND:

On February 15, 2019, the City of San Joaquin accepted proposals from various engineering firms to provide City Engineer Consultant Services. City staff evaluated the proposals and selected Gouveia Engineering, Inc. as the most qualified and responsive firm.

On July 1, 2019, the City of San Joaquin entered into a contract with Gouveia Engineering to provide Engineering services for an initial three (3) year term, with the option to extend for four additional years. The initial contract was approved for a term of three years and was to be extended for four additional years pursuant to the City’s proposal requirements.

The City of San Joaquin does not employ a professionally registered Engineer and needs the City Engineer services provided by Gouveia Engineering, Inc.

DISCUSSION:

The Agreement for City Engineer Consultant Services with Gouveia Engineering, Inc. expires on June 30, 2026 after an initial 2-year extension per Amendment No. 1 and an additional 2-year extension per Amendment No. 2. Due to cost increases, Gouveia Engineering, Inc. has increased their charge rates by approximately 5% to mitigate the increased costs. The parties wish to update the compensation terms effective June 1, 2025 through June 30, 2026 to the 2025 City Engineer Charge Rate Schedule.

FISCAL IMPACT:

The original agreement provides City Engineer Consultant Services as needed by the City and has no specific contract sum.
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ATTACHMENTS:

RESOLUTION NO. 2025-21
Contract Amendment No. 3
Gouveia Engineering 2025 City Engineer Charge Rates
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RESOLUTION NO. 2025-21

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN APPROVING AMENDMENT NO. 3 TO CITY ENGINEER CONSULTANT SERVICES WITH GOUVEIA ENGINEERING, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3
WHEREAS, the City of San Joaquin has determined there is a need for City Engineer Consultant Services; and
WHEREAS, on February 15, 2019 the City of San Joaquin accepted proposals from various engineering firms to provide said City Engineer Consultant Services; and WHEREAS, City Staff selected Gouveia Engineering, Inc. as the most qualified firm to provide the City Engineer Consulting Services: and
WHEREAS, on July 1, 2019, the City of San Joaquin entered into an Agreement with Gouveia Engineering, Inc. to provide City Engineer Consultant Services with an initial term of 3 years with an option to extend the agreement for four additional years: and WHEREAS, on July 1, 2022, the City of San Joaquin extended the Agreement by two additional years to June 30, 2024 per Amendment No. 1; and,
WHEREAS, on July 1, 2024, the City of San Joaquin extended the Agreement by two additional years to June 30, 2026 per Amendment No. 2; and,
WHEREAS, the City Council desires to update the compensation terms of the Consultant Services Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Joaquin hereby:

1. Finds that the above recitals are true and correct.

2. Approves Amendment No. 3 to Consultant Services Agreement with Gouveia Engineering Inc. for City Engineer Consultant Services.

3. Authorizes the City Manager to execute Amendment No. 3.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 6th day of May 6, 2025 and passed at said meeting by the following vote:

AYES:

NOTES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
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Adam Flores-Cornejo, Mayor
ATTEST:

I, hereby certify that the forgoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of San Joaquin this 6th day of May 2025.

Matthew Flood, City Clerk

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AMENDMENT NO. 3

TO CITY ENGINEER CONSULTANT SERVICES AGREEMENT
BETWEEN CITY OF SAN JOAQUIN AND GOUVEIA ENGINEERING, INC.

This Addendum No. 3 to City Engineer Consultant Services Agreement is made and entered into on this 6th day of May, 2025, by and between the CITY OF SAN JOAQUIN, a California municipal corporation (hereinafter referred to as “CITY’) and Gouveia Engineering, Inc., a California Corporation (hereinafter referred to as “CITY ENGINEER”).

RECITALS
WHEREAS, the CITY and CITY ENGINEER entered a Consultant Services Agreement (‘AGREEMENT”) dated July 1, 2019; and
WHEREAS, the AGREEMENT provides for a three-year term and allow for extensions of up to four additional years; and
WHEREAS, the parties extended the AGREEMENT for an additional four years and wish to update the compensation terms.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

SECTION 1. Section 4 of the AGREEMENT titled “Compensation” is amended by adding the following text:

Effective June 1, 2025, the CITY ENGINEER’S compensation shall be in accordance with the 2025 City Engineer Charge Rate Schedule set forth in Exhibit “A” to this Amendment No. 3 and incorporated herein by reference. The Fee Schedule sets forth a schedule for general services.

SECTION 2. Except as expressly modified in this Amendment No. 3, the terms and conditions of the City Engineer Consultant Services Agreement and the rights, duties, and obligations of the parties thereunder are unchanged and remain in full force and effect. **********
(Remainder of this page intentionally left blank; Signatures on Next Page) 127
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 to City Engineer Consultant Services Agreement as set forth below.

CITY OF SAN JOAQUIN, GOUVEIA ENGINEERING, INC.
a California Municipal Corporation a California Corporation Elizabeth Cabrera, City Manager Mario B. Gouveia, PE, President ATTEST:

Matthew Flood, City Clerk Linda Gouveia, Vice President/Secretary APPROVED AS TO FORM: PROFESSIONAL LICENSE:

Number: C53261
Name: Mario B. Gouveia
Hilda Cantu Montoy Date Date of Expiration: 06-30-25
City Attorney
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Updated 4/2025
GOUVEIA ENGINEERING, INC.
456 Sixth Street
Gustine, CA 95322
209-854-3300

CITY OF SAN JOAQUIN
2025 CITY ENGINEER CHARGE RATE SCHEDULE
Job Description Hourly Rate
Engineering:

Principal Engineer $170.00
Principal Project Manager $170.00
Senior Engineer $165.00
Associate Engineer $152.00
Project Manager $165.00
Engineer in Training (E.I.T.) $132.00
Engineering Technician I $116.00
Engineering Technician II $137.00
Planning:

Principal Planner $165.00
Senior Planner $150.00
Associate Planner $140.00
Administration:

Clerical $71.00
Engineering Assistant I $110.00
Engineering Assistant II $121.00
Construction Management:

Project Manager $165.00
Construction Observation $137.00
Plan Operators:

Plant Operator $110.00
Plant Operator Grade III $121.00
Surveying:

Surveyor/Survey Crews Quotation
Under Prevailing Wage Rates set by the State Department of Industrial Relations Miscellaneous Charges
Attend Council Meetings No charge
Travel Mileage IRS Standard Mileage Rate
Reimbursable Expenses Cost plus 10%
General Project Expenses 5% of Labor
Computers, reproduction, mail and telephone
NOTE: Overtime and Saturday work will be billed at time and a half and Sunday work will be billed at double time.

The above rate schedule is effective June 1, 2025 through June 30, 2026 129
MEETING DATE: May 6, 2025
TO: City Council
FROM: Matt Flood, Assistant City Manager
SUBJECT: Selection of Refuse Rate Study Consultant
RECOMMENDATION:

City Council adopt Resolution No. 2025-22, approving the agreement with IGService for completion of a Refuse Rate Study and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY:

City staff released a Request for Proposals (RFP) for a necessary study to determine the appropriate rates to charge residents for waste disposal and recycling services. This would include the necessary legal requirements to be met, such as the public outreach ones under Proposition 218.

Staff received two proposals with both firms demonstrating the qualifications to perform the work.

The selected firm was therefore chosen based on their estimated cost of services as contained in their written proposals.

IGService (IGS) $16,300
Raftelis $73,000
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RESOLUTION NO. 2025-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

JOAQUIN APPROVING AN AGREEMENT WITH IGSERVICE FOR A

REFUSE RATE STUDY AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SAME
WHEREAS, the City of San Joaquin needs to update the rate charged for refuse, recycling, and other disposal services; and
WHEREAS, City staff published a Request For Proposals (RFP) notifying qualifying and interested entities of the requirements and process for providing that service to the City; and WHEREAS, City staff received two responses and determined that IGService provided the qualifying services at the lowest price; and
WHEREAS, the City desires to enter into an agreement with IGService: and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Joaquin hereby:

1. Finds that the above recitals are true and correct.

2. Approves the Agreement with IGService for a Refuse Rate Study for the City of San Joaquin as set forth in Exhibit A to this Resolution and incorporated by reference.

3. Authorizes the City Manager to execute the Agreement and any other documentation necessary to the Agreement.

4. This resolution is effective upon adoption.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 6th day of May, 2025 and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adam Flores-Cornejo, Mayor
ATTEST:

Matt Flood, City Clerk
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1 CITY OF SAN JOAQUIN

CONSULTANT SERVICES AGREEMENT WITH IGSERVICE
This Consultant Services Agreement ("Agreement”) is entered into between the CITY OF SAN JOAQUIN, a California general law city (“City”) and IGService ("Consultant”). This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant (“Effective Date”).

RECITALS
A. City has sought, by a Request for Proposals, to select a consultant to perform a Refuse Rate Study.

B. Consultant submitted a proposal for performing the requested Services and is engaged in the business of furnishing such services as a consultant and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services called for in the Request for Proposals and this Agreement.

C. City has selected Consultant to perform the requested Services on the basis of Consultant's demonstrated competence and professional qualifications.

D. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall perform, to the satisfaction of City in accordance with this Agreement, the Services described in the “IGS Budget for 2025 Refuse Rate Setting for City of San Joaquin” as contained in Consultant’s Proposal, attached hereto and incorporated by reference and labeled as Exhibit 1. Consultant warrants that it is qualified to perform the Services under this Agreement. Consultant shall be familiar with and shall comply with all State and Federal laws and regulations applicable to the work to be performed under this Agreement.

2. Commencement of Services; Term of Agreement. The term of this Agreement shall be ongoing until 90 days after the Proposition 218-compliant rate hearing or until such time as the Agreement is terminated by either party in accordance with this Agreement. (a) Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors assigned to perform the Services under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement. 132
2 (b) Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Consultant’s Proposal, unless such additional services are authorized in advance and in writing by the City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Consultant.

3. Compensation for Services. City shall compensate Consultant for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant per monthly invoice. Both parties agree that to the total compensation to complete the Services is $16,300 as set forth in Exhibit 2 attached hereto.
(b) Each month Consultant shall invoice City for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the categories contained in Consultant’s Proposal.
(c) City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.

4. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, any claim or right of action against City.

5. Standard of Care. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields.

Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.
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3 6. Identity of Subcontractors and Sub-Consultants. Consultant shall, before commencing any work under this Agreement, provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.

7. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

8. Power to Act on Behalf of City. Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

9. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports and five (5) copies of all final reports prepared by Consultant under this Agreement.

10. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs (“Work Product”), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City’s request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City’s request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product not generally available to the public to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

11. Confidentiality. All data, reports, conclusions, opinions, recommendations and other work product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement not generally available to the public shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, affiliates, 134
4 and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

12. City Name and Logo. Consultant shall not use City’s name or insignia, photographs relating to the City projects for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

13. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, in the Services. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.

14. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

15. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant.

City reserves the right to employ other consultants in connection with the Services.

16. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
a.. Termination by City: Without Cause. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant. b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon twenty (20) days prior written notice to the other party of a material breach, and a failure to cure within that time period.
c. Compensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has 135
5 not become due, Consultant shall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant. Consultant may not refuse to provide such writings or materials for any reason whatsoever.

17. Insurance. Consultant shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies required by City or by City’s insuring agency, summarized by Exhibit 2 contained and incorporated herein. All insurance policies shall be subject to City approval as to form and content. Consultant shall provide City with copies of required certificates of insurance upon request.

18. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of the acts, errors, or omissions constituting negligence, gross negligence, willful misconduct or fraud of Consultant or its subcontractors relating to the performance of Services described herein.

Consultant's duty to defend and indemnify City shall not extend to injuries or damages that are the result of City's sole negligence or willful misconduct.

Consultant’s duty to defend shall immediately arise when a claim is asserted and/or a lawsuit is initiated against the City arising out of or occurring in connection with the acts, errors, or omissions constituting negligence, gross negligence, fraud or willful misconduct of Consultant or its subcontractors relating to the performance of Services described herein and regardless of whether others may owe the City a duty of defense and/or indemnity. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement for a period of two (2) years.

19. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign 136
6 the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.

20. Form and Service of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City Manager To Consultant: IGService
City of San Joaquin Dan Bergmann
PO Box 758 15 Shasta Lane
San Joaquin, CA Walnut Creek, CA 94597
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

21. Entire Agreement. This Agreement, including the attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

22. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

23. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

24. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

25. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

26. Attorneys Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.
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7 27. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

28. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

29. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

30. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

31. Compliance with All Laws. In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws of the United States, the State of California, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.

IGSERVICE CITY OF SAN JOAQUIN
By:___________________________ By: ______________________________ Dan Bergmann, P.E. Elizabeth Cabrera, City Manager
President
Date: __________________ Date: ______________________
138
Labor Hrs. Rate Total
Visit #1: Initial meeting time and collection of data and accounting reports for study. Review of Mid-Valley
agreement.
4 $215.00 $860.00
Review of Mid-Valley proposed terms and rates.

Organization of data. 6 $216.00 $1,296.00
Evaluation of overhead costs to be added to Mid Valley
Rates: Customer Services, Billing, General Government
Overhead, and any other. Consideration of existing
allocation of administrative and overhead costs across
water, sewer, and refuse.
10 $215.00 $2,150.00
Rate comparison to nearby communities 2 $215.00 $430.00 Equitable rate setting and create Excel-based rate table 10 $215.00 $2,150.00 Report writing 10 $215.00 $2,150.00
Visit #2: Council Workshop. Slide preparation and
presentation at City Council Meeting. Request authorization for staff to issue Prop 218 notice
6 $215.00 $1,290.00
Prop 218 notice support 2 $215.00 $430.00
Visit #3: Rate Hearing following 45 day notice: Council slide preparation and presentation at City Council (as needed). 4 $215.00 $860.00 Total Billing Hours 54 $11,616.00
Travel Expenses*
Trip 1 Driving time 6 75 $450.00
Mileage 320 0.67 $214.40
Trip 2 Driving time 6 75 $450.00
Mileage 320 0.67 $214.40
Trip 3 Driving time 6 75 $450.00
Mileage 320 0.67 $214.40 $1,993.20
Total Estimated Budget (rounded) $13,600.00
Contingency 20% $2,720.00
Total Not-to-Exceed Amount (rounded)** $16,300.00
** Some tasks may take more time, and some less. The maximum cost for work shall be determined by the Total Not-to-Exceed Amount.

IGS Budget for 2025 Refuse Rate Setting for City of San Joaquin * Travel expenses will be prorated with combined with other client work.

EXHIBIT 1
Scope of Work
139
8 EXHIBIT 2

INSURANCE
A. Insurance Requirements
i. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant’s general liability policies shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
ii. Any failure to comply with reporting provisions of the policies by Consultant shall not affect coverage provided by the City.
iii. Coverage shall state that Consultant insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability.
iv. Coverage shall contain a waiver of subrogation in favor of the City.

B. Business Automobile Liability
i. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISP Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than one million dollars ($1,000,000) per accident.

C. Workers’ Compensation and Employers’ Liability
i. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employers’ Liability Insurance with limits of at least one million dollars ($1,000,000).

Consultant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

D. All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of Insurance – Prior to commencement of work, the Consultant shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Consultant 140
9 must agree to provide complete, certified copies of all required insurance policies of requested by the City.
iv. Acceptability of Insurers – Insurance shall be placed with insurers admitted in the State of California with an AM Best rating of A- VII or higher. 141

STAFF REPORT
Date: May 6, 2025
TO: Mayor and Councilmembers
FROM: Mario Gouveia, City Engineer
REVIEWED BY: Elizabeth Cabrera, City Manager
SUBJECT:

Resolution approving two Pipeline Crossing Agreements, Project No. 0799670 and Project No. 0799671 (Agreements) between the Union Pacific Railroad Company and the City of San Joaquin for the proposed waterline crossing below Railroad Property near the Pine Street Alignment and the proposed waterline crossing below Railroad Property at 9th Street, and Authorize the City Manager to execute the Agreements and issue payment to Union Pacific Railroad Company.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2025-23, Approving two Pipeline Crossing Agreements, Project No. 0799670 and Project No. 0799671 (Agreements) between the Union Pacific Railroad Company and the City of San Joaquin for the proposed waterline crossing below Railroad Property near the Pine Street Alignment and the proposed waterline crossing below Railroad Property at 9th Street, and Authorize the City Manager to execute the Agreements and issue payment to Union Pacific Railroad Company.

BACKGROUND:

The City of San Joaquin (City) applied for and received a Funding Agreement from the California State Water Resources Control Board for the purpose of the construction of Well #4 & Well #6 Manganese Removal System Project. The project has been awarded and construction is anticipated to start in the first quarter of 2025. Construction will include water treatment facilities for manganese removal and pipeline replacement at various locations in the City.

As part of the pipeline portion of the project, there are two locations where the proposed waterline will be crossing below the Railroad Property. The waterline crossing near the Pine Street Alignment and the waterline crossing on 9th Street are to replace the existing waterlines at these locations that have surpassed their useful life.

In October of 2024, the City of San Joaquin submitted two applications to the Union Pacific Railroad Company for the proposed waterline crossings. The proposed waterlines will be constructed as part of the Well #4 and Well #6 Manganese Removal System Project.

The City received the proposed Agreements from the Union Pacific Railroad Company that need to be in place prior to construction taking place.
142
DISCUSSION:

The purpose of the Agreements is for Union Pacific Railroad Company (Licensor) to grant the right for the City of San Joaquin (Licensee) to install, operate, and maintain the proposed waterlines that cross the Railroad Property.

The Agreements require specific insurance policies that will have to be obtained and maintained by a Contractor during construction. The City will be responsible for providing monitoring of tracks and construction observation services by an observer approved by the Licensor during installation of the waterline crossings.

FISCAL IMPACT:

The executed Pipeline Crossing Agreement, Project No. 0799670 for the proposed waterline crossing below Railroad Property near the Pine Street Alignment will have a one-time fee of $3,790.00 for processing the Agreement.

The executed Pipeline Crossing Agreement, Project No. 0799671 for the proposed waterline crossing below Railroad Property at 9th Street will have a one-time fee of $3,840.00 for processing the Agreement.

These fees are reimbursable under the existing DWSRF Construction Grant.

ATTACHMENTS:

Resolution No. 2025-23
Union Pacific Railroad Company, Pipeline Crossing Agreement, Project No. 0799670 Union Pacific Railroad Company, Pipeline Crossing Agreement, Project No. 0799671 143

RESOLUTION No. 2025-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN APPROVING TWO PIPELINE CROSSING AGREEMENTS, PROJECT NO. 0799670 AND PROJECT NO. 0799671 (AGREEMENTS) BETWEEN THE UNION PACIFIC RAILROAD

COMPANY AND THE CITY OF SAN JOAQUIN FOR THE PROPOSED WATERLINE

CROSSING BELOW RAILROAD PROPERTY NEAR THE PINE STREET ALIGNMENT AND THE PROPOSED WATERLINE CROSSING BELOW THE RAILROAD PROPERTY AT 9TH

STREET, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENTS AND

ISSUE PAYMENT TO UNION PACIFIC RAILROAD
WHEREAS, the City of San Joaquin is currently designing improvements to the City’s water system under the current Drinking Water State Revolving Fund (DWSRF) planning grant. The first phase of project construction will include water treatment facilities for manganese removal and pipeline replacement at various location in the City; and
WHEREAS, there are two locations where the proposed waterline will be crossing below the Railroad Property. The waterline crossing near the Pine Street Alignment and the waterline crossing on 9th Street are to replace the existing waterlines at these locations that have surpassed their useful life; and WHEREAS, in October of 2024, the City of San Joaquin submitted two applications to the Union Pacific Railroad Company for the proposed waterline crossings. The proposed waterlines will be constructed as part of the Well #4 and Well #6 Manganese Removal System Project; and WHEREAS, the City received the proposed Agreements from the Union Pacific Railroad Company that need to be in place prior to construction taking place; and WHEREAS, the Agreements allow the City of San Joaquin to install, operate, and maintain the proposed waterlines that cross the Railroad Property; and
WHEREAS, the City of San Joaquin’s governing body must provide authority to the authorized representative signing and executing the acceptance of the Agreements. The City must issue payment in the amount of $3,790.00 for project number 0799670, and payment in the amount of $3,840.00 for project number 0799671 to process the Agreements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Joaquin here by:

Section 1. The foregoing recitals are true and correct and incorporated by reference.

Section 2. The City Council hereby approves the Pipeline Crossing Agreements between the Union Pacific Railroad Company and the City of San Joaquin for the proposed waterline crossing below the Railroad Property near the Pine Street Alignment and the proposed waterline crossing below the Railroad Property on 9th Street. 144

Section 3. The City Manager is authorized to execute the Agreements on behalf of the City of San Joaquin and issue payment to Union Pacific Railroad Company to process the Agreements.

Section 4. This Resolution is effective immediately upon adoption.

Passed and adopted this 6th day of May 2025, by the following vote:

AYES:

NOTES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.

Adam Flores-Cornejo, Mayor
ATTEST:

I, hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin this 6th day of May 2025.

Matthew Flood, City Clerk
of the City of San Joaquin
145
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 January 9, 2025
Project: 0799670

CITY OF SAN JOAQUIN
Re: Proposed One (1) Six Inch (6") Plastic Pipe Cased In An Eighteen Inch (18") Steel Casing For An Underground Water Pipeline Crossing Pipeline Crossing of Railroad Property at Mile Post 191.31 on the Riverdale (sjvr) Subdivision at or near San Joaquin, Fresno County, California.

Attached is an original of the agreement covering your use of the Railroad Company’s right of way. Review and return the partially executed agreement via email.

Payment, with Project No. 0799670 referenced, in the amount of Three Thousand Seven Hundred Ninety Dollars ($3,790.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, I certify that 946001323 is this Corporation’s correct Federal Taxpayer Identification Number.

Send Electronic Payments to:

Name: Bank of America, Dallas, TX
Union Pacific Account = 3752021457
• ACH Routing Number = 1110-0001-2
• Wire Routing Number = 026009593
Mail Checks to:

Union Pacific Railroad Company
12567 Collection Center Drive
Chicago, IL 60693
• CHECKS ONLY – NO AGREEMENTS
UP does not currently offer a credit card option for these payments.

Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make available RPLI to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).

If we have not received the executed document within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void.

After final approval and processing, the fully-executed agreement will be returned to you via email with instructions for coordinating your work. In no event should you begin work until you have received your counterpart of the fully-executed agreement.

If you have any questions, please contact me at [email protected].

Sincerely,
Thomas Leddy
Mgr II Real Estate - Contracts
146
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 080808 Project No. 0799670
Last Modified: 06/05/18
Form Approved, AVP-Law

PIPELINE CROSSING

AGREEMENT
Mile Post: 191.31, Riverdale (sjvr) Subdivision
Location: San Joaquin, Fresno County, California
THIS AGREEMENT (“Agreement”) is made and entered into as of January 9, 2025, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (“Licensor”) and CITY OF SAN JOAQUIN, to be addressed at 21900 Coloarado Avenue, P.o. Box 758San Joaquin, California 93660 (“Licensee”).

IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Article 1. LICENSOR GRANTS RIGHT.

A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) six inch (6") plastic pipe cased in an eighteen inch (18") steel casing for an underground water pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in San Joaquin, Fresno County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated October 2, 2024, attached hereto as Exhibit A and made a part hereof.

B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for one (1) six inch (6") plastic pipe cased in an eighteen inch (18") steel casing for an underground water pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.

C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.

Article 2. LICENSE FEE.

Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Three Thousand Seven Hundred Ninety Dollars ($3,790.00).

Article 3. TERM.

This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of Exhibit B.
147
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS.

Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof.

Article 5. INSURANCE.

A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement.

B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply.

Article 6. DEFINITION OF LICENSEE.

For purposes of this Agreement, all references in this Agreement to Licensee will include Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend, and indemnify Licensor herein.

Article 7. ATTORNEYS’ FEES, EXPENSES, AND COSTS.

If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs, of the prevailing Party in such action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement.

Article 8. WAIVER OF BREACH.

The waiver by Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself of any remedy for any subsequent breach thereof.

Article 9. ASSIGNMENT.

A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result in Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B.

B. Upon Licensor's written consent to any assignment, this Agreement will be binding upon and inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators. 148
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 10. SEVERABILITY.

Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement.

Article 11. NOTICES.

Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) days after deposit with the United States Postal Service.

If to Licensor: Union Pacific Railroad Company
Attn: Analyst – Real Estate Utilities (Project No. 0799670) 1400 Douglas Street, MS 1690
Omaha, Nebraska 68179
If to Licensee:CITY OF SAN JOAQUIN
21900 Coloarado Avenue
San Joaquin, California 93660
Article 12. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.

Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work.

Licensee is to directly coordinate services with the named inspector:

Railpros Field Services
Email: [email protected]
Phone (682)223-5271
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY CITY OF SAN JOAQUIN
By: __________________________________ By: __________________________________ Thomas Leddy
Mgr II Real Estate - Contracts
Name Printed: __________________________
Title: _________________________________
149
X
90 1252
165.0
120 0 45
1 NA
NA
NA

5.5 4
NOTES:
1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1

BORED AND JACKED

AT MINIMUM SIGNS WILL BE PROVIDED AS STATED ABOVE

PLASTIC NA

POTABLE WATER
100 100
18 6
NO

STEEL PIPE NA
165

0.375 18
YES
SEALED
118 43

MAINLINE TRACK

36.609377
-120.192002

SAN JOAQUIN FRESNO CA
0799670 10/02/2024

CITY OF SAN JOAQUIN

NON-FLAMMABLE LIQUID

PIPELINE
9th Street C/L
150
□ CROSSING □ ENCROACHMENT
BOTH
---------------------- FT.-----•7 __ UPRR R. 0. W._ --FT. -----------------7-- 1 ~ ---------- ~ I I I _FT. _FT. 7 ~ I
"" ::;: I _ DEG. ~ ~ ~ ~ I o ANGLE OF ~ ~ §; :::; ' = CROSS I NG §; ~ LL
FIXED OBJECT c_;., I

CROSSI NG TRACK
--- NORTH --------------------A~-- UPRR R. 0. w. _________________________ j __ 't OUTER

I TRACK
_ FT. ----
PLAN SCALE: NONE
't OUTER , TRACK
.-------__ FT.-------
,___ ___________ _ FT.----------------- : I
,___ ____ FT. ___ ____, __ FT. ~,-._-------_ FT.-----~-<

VENT PIPE
I- FT· t-----__ FT. ----i
----c.. l ------ FT TOTAL TRACKS ' - • GROUND

SURFACE DRAINAGE
DITCH ,.,------+--t--'--t~--r----
®
_FT.
: : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : '.'~ : : : ~T ~ CAS ING PIPE SECT I ON _/ CARR I ER PI PE SCALE: NONE LONGITUDINAL PIPE

ENCRDACHMENT
Al METHOD OF INSTALLATION
Bl DIST. FROM CENTERLINE OF TRACK TO PIPE ENCROACHMENT __ Cl SIGNS PROVIDED? --·
Dl CARRIER MATERIAL _________ . IF RCP, CLASS V? __
COMMODI TY TO BE CONVEYED ______ _
ffl BUILDING AMERICA"
EXHI B I T "A"
OPERATIONAL PRESSURE __ PSI. MAOP --PSI. ___ JN. SUBDIVISION:

WALL THICKNESS (!NCHI/ SCHEDULE ___ • DIAMETER t-------------------1 CATHODIC/COATING PROTEC TION __ TRACK TYPE:

El CASING MATERIAL _________ IF RCP, CLASS V? - · M.P.:

TOTAL LENGTH CASING PIPE: __ FT.

WALL THICKNESS __ IN. DIAMETER __ IN.

CATHODIC/COATING PROTEC TI ON __
CASING PIPE IS __ AT THE ENOS.

Fl DISTANCE FROM CENTERLINE OF TRACK TO NEAR FACE OF

BORING ANO JACKING PITS WHEN MEASURED AT RIGHT ANGLES
__ ANO --·
E.S.M.:

NEAREST CITY:

APPLICANT:

FILE NO.:

LAT.:

LONG.:

COUNTY: STATE:

DATE:

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 06/05/18
Form Approved, AVP Law

EXHIBIT B

GENERAL TERMS AND CONDITIONS
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.

A. The foregoing grant is subject and subordinate to the prior and continuing right and obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Licensor without liability to Licensee or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any such existing rights.

Section 2. ENGINEERING REQUIREMENTS; PERMITS.

A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired, renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor’s current engineering standards and specifications, including those for shoring and cribbing to protect Licensor's railroad operations and facilities ("UP Specifications"), except for variances approved in advance in writing by Licensor’s Assistant Vice President Engineering – Design or its authorized representative ("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements, and Laws, the most restrictive will apply.

B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground.

C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all necessary permits required to perform any work on Licensee's Facilities.

Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.

A. Licensee and its contractors are strictly prohibited from commencing any work associated with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities.

B. Licensee shall not commence any work until: (1) Licensor has determined whether flagging or other special protective or safety measures ("Safety Measures") are required for performance of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written 151
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B.

C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888) 877-7267.

Section 4. FLAGGING.

A. Following Licensee's notice to Licensor's Field Representatives required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to commence work.

B. If any Safety Measures are performed or provided by Licensor, including but not limited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state, or local governmental entity. Additional information regarding the submission of such expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE’S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement.

C. For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage, and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.

D. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time.

When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, even though flagging is no longer required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor.
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Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 5. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee shall be responsible for initiating, maintaining and supervising all safety operations and programs in connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum comply, with Licensor's then current safety standards located at the below web address ("Licensor's Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces.

As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad Property.

Union Pacific Current Safety Requirements
B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work.

C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof.

D. Licensor's operations and work performed by Licensor’s personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B.

E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B.

F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives.

Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's then-current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including any applicable Federal Aviation Administration regulations and enactments pertaining to UAS.

Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed. 153
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 7. LICENSEE'S PAYMENT OF EXPENSES.

A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities.

B. Licensee shall fully pay for all materials joined, affixed to and labor performed on Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic’s or materialman’s lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be increased because of the location, construction, or maintenance of Licensee's Facilities or any improvement, appliance, or fixture connected therewith placed upon such property, or on account of Licensee’s interest therein. Where such tax, charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee’s property upon property of Licensor as compared with the entire value of such property.

C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right, if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty (30) days of Licensee's receipt of such invoice.

Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES.

A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use.

B. Upon any Modification of all or any portion of Licensee's Facilities to another location on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of this Exhibit B. Any such Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities.

Section 9. RESTORATION OF RAILROAD PROPERTY.

In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee’s sole cost 154
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 and expense, restore Licensor’s property to the same condition as the same were before such property was moved or disturbed.

Section 10. INDEMNITY.

A. Definitions. As used in this Section:

1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near the location of Licensee’s installation and their officers, directors, agents, and employees.

2. "Licensee" includes Licensee and its agents, contractors, subcontractors, subsubcontractors, employees, officers, and directors, or any other person or entity acting on its behalf or under its control.

3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands, actions, causes of action, fines, penalties, interest, and expenses of any nature, including court costs, reasonable attorneys’ fees and expenses, investigation costs, and appeal expenses.

B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is related to Licensee’s construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or alleged:

1. Bodily harm or personal injury (including any emotional injury or disease) to, or the death of, any person(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub-subcontractors, or employees of the foregoing;

2. Damage to or the disturbance, loss, movement, or destruction of Railroad Property, including loss of use and diminution in value, including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of Licensee or Licensor;

3. Removal of person(s) from Railroad Property;

4. Any delays or interference with track or Railroad’s Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities or any part thereof, any activities, labor, materials, equipment, or machinery in conjunction therewith;

5. Right(s) or interest(s) granted pursuant to this Agreement;

6. Contents escaping from Licensee's Facilities, including without limitation any actual or alleged pollution, contamination, breach, or environmental Loss;

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Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

7. Licensee’s breach of this Agreement or failure to comply with its provisions, including, but not limited to, any violation or breach by Licensee of any representations and warranties Licensee has made in this Agreement; and

8. Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal Railroad Administration regulations.

C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT

PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING

FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF

LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE’S OBLIGATIONS TO LICENSOR IN ANY RESPECT.

NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR

SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND

DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION.

Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES.

A. If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable, abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the "Restoration Work".

D. Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontaminated condition.

Licensee shall provide written certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been 156
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate.

E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may, but is not obligated, to perform the Restoration Work. Any such work actually performed by Licensor will be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B) arising out of or related to Licensor's performance of the Restoration Work.

F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of this Exhibit B), accrued or otherwise, which may have arisen prior to such termination. 157
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

EXHIBIT C

INSURANCE REQUIREMENTS
In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole cost and expense, or (2) require its Contractor(s) to procure and maintain, at their sole cost and expense, the following insurance coverage:

A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.

CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos).

The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to:
• Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Licensee is self-insured, evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000.

Licensee warrants that any retroactive date applicable to ELL insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage 158
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 will be maintained for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed.

E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities.

F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primary policy.

Other Requirements
G. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR

WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed.

I. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance.

J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed.

K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage. 159
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 December 10, 2024
Project: 0799671

CITY OF SAN JOAQUIN
Re: Proposed One (1) Twelve Inch (12") Plastic Pipe Cased In A Twenty Inch (20") Steel Casing For An Underground Water Pipeline Crossing Pipeline Crossing of Railroad Property at Mile Post 191.55 on the Riverdale (sjvr) Subdivision at or near San Joaquin, Fresno County, California.

Attached is an original of the agreement covering your use of the Railroad Company’s right of way. Review and return the partially executed agreement via email.

Payment, with Project No. 0799671 referenced, in the amount of Three Thousand Eight Hundred Forty Dollars ($3,840.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, I certify that 946001323 is this Corporation’s correct Federal Taxpayer Identification Number.

Send Electronic Payments to:

Name: Bank of America, Dallas, TX
Union Pacific Account = 3752021457
• ACH Routing Number = 1110-0001-2
• Wire Routing Number = 026009593
Mail Checks to:

Union Pacific Railroad Company
12567 Collection Center Drive
Chicago, IL 60693
• CHECKS ONLY – NO AGREEMENTS
UP does not currently offer a credit card option for these payments.

Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make available RPLI to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).

If we have not received the executed document within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void.

After final approval and processing, the fully-executed agreement will be returned to you via email with instructions for coordinating your work. In no event should you begin work until you have received your counterpart of the fully-executed agreement.

If you have any questions, please contact me at [email protected].

Sincerely,
Thomas Leddy
Mgr II Real Estate - Contracts
160
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 080808 Project No. 0799671
Last Modified: 06/05/18
Form Approved, AVP-Law

PIPELINE CROSSING

AGREEMENT
Mile Post: 191.55, Riverdale (sjvr) Subdivision
Location: San Joaquin, Fresno County, California
THIS AGREEMENT (“Agreement”) is made and entered into as of December 10, 2024, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (“Licensor”) and CITY OF SAN JOAQUIN, to be addressed at 21900 Colorado Avenue, P.o. Box 758San Joaquin, California 93660 (“Licensee”).

IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Article 1. LICENSOR GRANTS RIGHT.

A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) twelve inch (12") plastic pipe cased in a twenty inch (20") steel casing for an underground water pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in San Joaquin, Fresno County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated December 10, 2024, attached hereto as Exhibit A and made a part hereof.

B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for one (1) twelve inch (12") plastic pipe cased in a twenty inch (20") steel casing for an underground water pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.

C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.

Article 2. LICENSE FEE.

Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Three Thousand Eight Hundred Forty Dollars ($3,840.00).

Article 3. TERM.

This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of Exhibit B.
161
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS.

Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof.

Article 5. INSURANCE.

A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement.

B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply.

Article 6. DEFINITION OF LICENSEE.

For purposes of this Agreement, all references in this Agreement to Licensee will include Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend, and indemnify Licensor herein.

Article 7. ATTORNEYS’ FEES, EXPENSES, AND COSTS.

If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs, of the prevailing Party in such action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement.

Article 8. WAIVER OF BREACH.

The waiver by Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself of any remedy for any subsequent breach thereof.

Article 9. ASSIGNMENT.

A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result in Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B.

B. Upon Licensor's written consent to any assignment, this Agreement will be binding upon and inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators. 162
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 10. SEVERABILITY.

Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement.

Article 11. NOTICES.

Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) days after deposit with the United States Postal Service.

If to Licensor: Union Pacific Railroad Company
Attn: Analyst – Real Estate Utilities (Project No. 0799671) 1400 Douglas Street, MS 1690
Omaha, Nebraska 68179

If to Licensee:CITY OF SAN JOAQUIN
21900 Colorado Avenue
San Joaquin, California 93660
Article 12. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.

Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work.

Licensee is to directly coordinate services with the named inspector:

Railpros Field Services
Email: [email protected]
Phone (682)223-5271
Article 13. SPECIAL PROVISONS - ABANDONMENT.

The abandonment of the existing undocumented pipeline shall be completed following the Guidelines for Abandonment and Removal of Subsurface Structures on Union Pacific Railroad Right of Way, marked as Exhibit D, attached hereto and hereby made a part hereof. (Signature Page to Follow)
163
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY CITY OF SAN JOAQUIN
By: __________________________________ By: __________________________________ Thomas Leddy
Mgr II Real Estate - Contracts
Name Printed: __________________________
Title: _________________________________
164
X
90 10

80.0 40 0 40
1 NA
NA
NA

5.5 4.5
NOTES:
1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1

BORED AND JACKED

SIGNS WILL NOT BE PROVIDED

PLASTIC NA

POTABLE WATER
100 100
18 12
YES

STEEL PIPE NA
80 0.375 20
YES
SEALED
38 38

MAINLINE TRACK

36.607095
-120.188748

SAN JOAQUIN FRESNO CA
0799671 10/02/2024

CITY OF SAN JOAQUIN

NON-FLAMMABLE LIQUID

PIPELINE
165
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ENCRDACHMENT
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Bl DIST. FROM CENTERLINE OF TRACK TO PIPE ENCROACHMENT __ Cl SIGNS PROVIDED? --·
Dl CARRIER MATERIAL _________ . IF RCP, CLASS V? __
COMMODI TY TO BE CONVEYED ______ _
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WALL THICKNESS (!NCHI/ SCHEDULE ___ • DIAMETER t-------------------1 CATHODIC/COATING PROTEC TION __ TRACK TYPE:

El CASING MATERIAL _________ IF RCP, CLASS V? - · M.P.:

TOTAL LENGTH CASING PIPE: __ FT.

WALL THICKNESS __ IN. DIAMETER __ IN.

CATHODIC/COATING PROTEC TI ON __
CASING PIPE IS __ AT THE ENOS.

Fl DISTANCE FROM CENTERLINE OF TRACK TO NEAR FACE OF

BORING ANO JACKING PITS WHEN MEASURED AT RIGHT ANGLES
__ ANO --·
E.S.M.:

NEAREST CITY:

APPLICANT:

FILE NO.:

LAT.:

LONG.:

COUNTY: STATE:

DATE:

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 06/05/18
Form Approved, AVP Law

EXHIBIT B

GENERAL TERMS AND CONDITIONS
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.

A. The foregoing grant is subject and subordinate to the prior and continuing right and obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Licensor without liability to Licensee or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any such existing rights.

Section 2. ENGINEERING REQUIREMENTS; PERMITS.

A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired, renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor’s current engineering standards and specifications, including those for shoring and cribbing to protect Licensor's railroad operations and facilities ("UP Specifications"), except for variances approved in advance in writing by Licensor’s Assistant Vice President Engineering – Design or its authorized representative ("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements, and Laws, the most restrictive will apply.

B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground.

C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all necessary permits required to perform any work on Licensee's Facilities.

Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.

A. Licensee and its contractors are strictly prohibited from commencing any work associated with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities.

B. Licensee shall not commence any work until: (1) Licensor has determined whether flagging or other special protective or safety measures ("Safety Measures") are required for performance of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written 166
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B.

C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888) 877-7267.

Section 4. FLAGGING.

A. Following Licensee's notice to Licensor's Field Representatives required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to commence work.

B. If any Safety Measures are performed or provided by Licensor, including but not limited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state, or local governmental entity. Additional information regarding the submission of such expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE’S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement.

C. For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage, and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.

D. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time.

When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, even though flagging is no longer required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor.
167
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 5. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee shall be responsible for initiating, maintaining and supervising all safety operations and programs in connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum comply, with Licensor's then current safety standards located at the below web address ("Licensor's Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces.

As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad Property.

Union Pacific Current Safety Requirements
B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work.

C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof.

D. Licensor's operations and work performed by Licensor’s personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B.

E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B.

F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives.

Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's then-current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including any applicable Federal Aviation Administration regulations and enactments pertaining to UAS.

Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed. 168
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 7. LICENSEE'S PAYMENT OF EXPENSES.

A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities.

B. Licensee shall fully pay for all materials joined, affixed to and labor performed on Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic’s or materialman’s lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be increased because of the location, construction, or maintenance of Licensee's Facilities or any improvement, appliance, or fixture connected therewith placed upon such property, or on account of Licensee’s interest therein. Where such tax, charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee’s property upon property of Licensor as compared with the entire value of such property.

C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right, if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty (30) days of Licensee's receipt of such invoice.

Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES.

A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use.

B. Upon any Modification of all or any portion of Licensee's Facilities to another location on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of this Exhibit B. Any such Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities.

Section 9. RESTORATION OF RAILROAD PROPERTY.

In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee’s sole cost 169
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 and expense, restore Licensor’s property to the same condition as the same were before such property was moved or disturbed.

Section 10. INDEMNITY.

A. Definitions. As used in this Section:

1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near the location of Licensee’s installation and their officers, directors, agents, and employees.

2. "Licensee" includes Licensee and its agents, contractors, subcontractors, subsubcontractors, employees, officers, and directors, or any other person or entity acting on its behalf or under its control.

3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands, actions, causes of action, fines, penalties, interest, and expenses of any nature, including court costs, reasonable attorneys’ fees and expenses, investigation costs, and appeal expenses.

B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is related to Licensee’s construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or alleged:

1. Bodily harm or personal injury (including any emotional injury or disease) to, or the death of, any person(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub-subcontractors, or employees of the foregoing;

2. Damage to or the disturbance, loss, movement, or destruction of Railroad Property, including loss of use and diminution in value, including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of Licensee or Licensor;

3. Removal of person(s) from Railroad Property;

4. Any delays or interference with track or Railroad’s Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities or any part thereof, any activities, labor, materials, equipment, or machinery in conjunction therewith;

5. Right(s) or interest(s) granted pursuant to this Agreement;

6. Contents escaping from Licensee's Facilities, including without limitation any actual or alleged pollution, contamination, breach, or environmental Loss;

170
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

7. Licensee’s breach of this Agreement or failure to comply with its provisions, including, but not limited to, any violation or breach by Licensee of any representations and warranties Licensee has made in this Agreement; and

8. Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal Railroad Administration regulations.

C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT

PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING

FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF

LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE’S OBLIGATIONS TO LICENSOR IN ANY RESPECT.

NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR

SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND

DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION.

Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES.

A. If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable, abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the "Restoration Work".

D. Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontaminated condition.

Licensee shall provide written certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been 171
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate.

E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may, but is not obligated, to perform the Restoration Work. Any such work actually performed by Licensor will be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B) arising out of or related to Licensor's performance of the Restoration Work.

F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of this Exhibit B), accrued or otherwise, which may have arisen prior to such termination. 172
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

EXHIBIT C

INSURANCE REQUIREMENTS
In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole cost and expense, or (2) require its Contractor(s) to procure and maintain, at their sole cost and expense, the following insurance coverage:

A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.

CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos).

The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to:
• Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Licensee is self-insured, evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000.

Licensee warrants that any retroactive date applicable to ELL insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage 173
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 will be maintained for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed.

E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities.

F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primary policy.

Other Requirements
G. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR

WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed.

I. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance.

J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed.

K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage. 174
Union Pacific Railroad

GUIDELINES FOR ABANDONMENT

OF SUBSURFACE UTILITY STRUCTURES

CALL BEFORE YOU DIG
1-800-336-9193
Exhibit D
175

UPRR GUIDELINES FOR ABANDONMENT OF SUBSURFACE UTILITY STRUCTURES AUTHORED BY: RICK FRIESEN, STRUCTURES DESIGN. DATE: APRIL, 2021 1 Contents

1. Introduction ......................................................................................................................... 2 A. Purpose ....................................................................................................................... 2

2. Abandonment Procedures .................................................................................................. 2 A. Hazardous material testing & notification ..................................................................... 2 B. Removal ...................................................................................................................... 2 C. Abandon in-place ......................................................................................................... 3

3. Excavation Requirements ................................................................................................... 3 A. Shoring Design ............................................................................................................ 3 B. Track and Ground Monitoring ...................................................................................... 3 C. Excavation Safety ........................................................................................................ 3

4. Glossary ............................................................................................................................. 4 176

UPRR GUIDELINES FOR ABANDONMENT OF SUBSURFACE UTILITY STRUCTURES AUTHORED BY: RICK FRIESEN, STRUCTURES DESIGN. DATE: APRIL, 2021 2

1. Introduction
A. Purpose

1. The purpose of these Guidelines is to inform 3rd party Applicants, Contractors and others outside of the Railroad of the requirements and standards for the abandonment of subsurface utility structures such as pipelines and other similar structures.

2. This document governs at all locations where the Railroad operates, regardless of track ownership or track status, either active or out of service.

2. Abandonment Procedures
A. Hazardous material testing & notification

1. Prior to either removal or abandon in-place of existing Facilities, testing for ACM, PACM, LBP and PCBs shall be completed and the results reported to the Railroad. i. ACM or PACM – Asbestos Containing Materials or Presumed Asbestos Containing Materials
ii. LBP – Lead Based Paint
iii. PCBs – PolyChlorinated Biphenyls

2. Testing results shall be emailed to [email protected] (file size limit / email is 10mb) with one of the following subject lines:
i. Reporting – Test Results
ii. Action Required – Priority Project
iii. Action Required – Request for Information/Question

3. The Railroad may require removal or consider abandon in-place of the existing Facilities upon review of the testing results.

B. Removal

1. At the time of abandonment, Facilities within Zone B shall be removed and at the cost of the owner. See Figure 2-1 for Zone identification.

2. Regarding Figure 2-1 the following additional Zone requirements apply. i. Zone A –
a. Designed shoring systems are required per Section 3A. b. Track & ground monitoring is required per Section 3B. ii. Zone B – Sloped or stepped excavations are acceptable.

Figure 2-1
177
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16'
18'
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UPRR GUIDELINES FOR ABANDONMENT OF SUBSURFACE UTILITY STRUCTURES AUTHORED BY: RICK FRIESEN, STRUCTURES DESIGN. DATE: APRIL, 2021 3 C. Abandon in-place

1. The Facility shall be filled with CLSM (Controlled Low-Strength Material). This process is designed to help avoid future subsidence as the line deteriorates after abandonment. The use of low strength CLSM also allows the future removal of CLSM at a later date if deemed necessary.

2. CLSM Design
i. The CLSM material shall have an unconfined compressive strength 300psi. This provides strength while allowing future removal if necessary.
ii. The mixture shall consist of water, Portland cement, fly ash, and sound fine or coarse aggregate or both.
iii. The mix design shall allow adequate flowability without segregation of aggregates. iv. Hardening time is of prime importance and CLSM should develop 50psi in about one hour. v. The maximum layer of thickness for CLSM shall be 3 feet. vi. Additional layers shall not be placed until the CLSM has lost sufficient moisture. vii. For pipelines or structures with a depth greater than 3 feet, CLSM shall be placed in lifts. viii. Contractor should verify no voids will be present after filling the structure. ix. Access to fill pipelines shall be from off the UPRR right-of-way if possible. If excavation is required for the fill procedure, excavations shall meet requirements in Section 3.

3. Excavation Requirements
A. Shoring Design

1. For temporary earth retention design requirements on the Right-of-Way, see the Railroad Guidelines for Temporary Shoring. http://www.up.com/real_estate/roadxing/industry/index.htm B. Track and Ground Monitoring

1. See the Railroad Guidelines for Track & Ground Monitoring. https://www.up.com/real_estate/index.htm
C. Excavation Safety

1. Guardrails
i. Guardrails shall be provided to surround unattended excavations on Railroad Right-of-Way per OSHA Standard Number 1926.502 as follows:
a. The guardrail height shall be at least 42 inches above the walking surface. b. The smallest dimension for openings in the guardrail shall be no greater than 19 inches.
c. Guardrail systems shall be capable of withstanding, without failure, a force of at least 200 pounds applied within 2 inches of the top edge, in any outward or downward direction, at any point along the top edge of the guardrail. 178

UPRR GUIDELINES FOR ABANDONMENT OF SUBSURFACE UTILITY STRUCTURES AUTHORED BY: RICK FRIESEN, STRUCTURES DESIGN. DATE: APRIL, 2021 4

4. Glossary
Applicant: Any party proposing to install a new, and/or abandon existing, pipelines or Wirelines on Railroad right-of-way or other Railroad operating location, regardless of track being active or out of service. This includes any contractor, employee or consultant hired by said party.

Call Before You Dig: A Union Pacific Railroad 24-hr by 7-day communication center to assist in protecting, documenting and notifying callers of other utilities installed within the Railroad right-of-way. 1-800-336-9193
Crossing: Refers to a Utility which is crossing the Railroad track(s).

Carrier Pipe: Pipe used to transport the product.

Casing Pipe: Pipe through which the carrier pipe is installed.

Cover: Distance from either the base of rail or finished grade to the top of Pipeline or Wireline.

Encroachment: Utilities on Railroad right-of-way which are generally oriented parallel with Railroad right-of-way and/or track.

Centerline of Track: An imaginary line, that runs down the center of the two rails of a track.

Construction Documents: Design plans and calculations, project and/or standard specifications, geotechnical report and drainage report.

Construction Window: A timeframe in which construction or maintenance can be performed by the Contractor with the required presence of a Flagman.

Contractor: The individual, partnership, corporation or joint venture and all principals and representatives (including Applicant’s subcontractors) with whom the contract is made by the Applicant for the construction of the Grade Separation Project.

Facility: Refers to the Applicant’s pipeline, wireline, poles, manholes, handholes, splice boxes, storage tanks and other such structures which exist as part of the Applicant’s infrastructure.

Flagman (Flagging): A qualified employee of the Railroad providing protection to and from Railroad operations per Railroad requirements.

Guidelines: Information contained in this document.

Industry Track: A secondary track designed to allow access to industries along the main track.

Main Track: A principle track, designated by Timetable or special instructions, upon which train movements are generally authorized and controlled by the train dispatcher. Main Track must not be occupied without proper authority.

Railroad Load: Cooper E-80 loading.

Railroad: Refers to Union Pacific Railroad.

Railroad Manager of Track Maintenance (MTM): Railroad representative responsible for maintenance of the track and supporting subgrade.

Right-of-Entry Agreement: An agreement between the Railroad and an Applicant or a Contractor allowing access to Railroad property.

Right-of-Way: The private property limits owned by the Railroad.

Tracks: The rails, ties and ballast and roadbed that compose the traveling surface used by trains.

Utility: Refers to a pipeline or wireline.

Wireline: Refers to electric power and communication utility systems including, but not limited to, all associated conductors, cables, support structures, and equipment. 179

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Main Street Townhomes Project
Prepared for:

City of San Joaquin
21900 Colorado Avenue
San Joaquin, CA 93660
(559) 693-4311
Contact: Matt Flood
Prepared by:

Crawford & Bowen Planning, Inc.
113 N. Church Street, Suite 310
Visalia, CA 93291
(559) 840-4414
Contact: Emily Bowen, LEED AP
October 2024
180
Main Street Townhomes Project | Initial Study
CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 2

TABLE OF CONTENTS
PROJECT INFORMATION................................................................................................. 4 Project title ......................................................................................................................... 4 Lead agency name and address ..................................................................................... 4 Contact person and phone number............................................................................... 4 Project location ................................................................................................................. 4 Project sponsor’s name/address..................................................................................... 5 General plan designation................................................................................................ 5 Zoning ............................................................................................................................... 5 Project Description........................................................................................................... 5 Surrounding Land Uses/Existing Conditions .............................................................. 6 Other Public Agencies Involved .................................................................................... 6 Tribal Consultation .......................................................................................................... 7 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ...................................11 DETERMINATION .............................................................................................................12 ENVIRONMENTAL CHECKLIST...................................................................................13 I. AESTHETICS...............................................................................................................13 II. AGRICULTURE AND FOREST RESOURCES......................................................16 III. AIR QUALITY ........................................................................................................18 IV. BIOLOGICAL RESOURCES...................................................................................25 V. CULTURAL RESOURCES ......................................................................................31 VI. ENERGY...................................................................................................................34 VII. GEOLOGY AND SOILS.........................................................................................37 181
Main Street Townhomes Project | Initial Study
CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 3 VIII. GREENHOUSE GAS EMISSIONS......................................................................43 IX. HAZARDS AND HAZARDOUS MATERIALS ..................................................47 X. HYDROLOGY AND WATER QUALITY .............................................................53 XI. LAND USE AND PLANNING .............................................................................59 XII. MINERAL RESOURCES........................................................................................61 XIII. NOISE .....................................................................................................................63 XIV. POPULATION AND HOUSING........................................................................67 XV. PUBLIC SERVICES................................................................................................. 69 XVI. RECREATION .......................................................................................................72 XVII. TRANSPORTATION/TRAFFIC.........................................................................74 XVIII. TRIBAL CULTURAL RESOURCES ................................................................. 78 XX. WILDFIRE................................................................................................................85 XXI. MANDATORY FINDINGS OF SIGNIFICANCE ............................................88 LIST OF PREPARERS.........................................................................................................91 MITIGATION MONITORING AND REPORTING PROGRAM.............................92 182
Main Street Townhomes Project | Initial Study
CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 4

PROJECT INFORMATION
This document is the Initial Study for the potential environmental effects of the Main Street Townhomes Project (Project) proposed in the City of San Joaquin (City). To accommodate this Project, the City would need to approve a General Plan Amendment, Zone Change, and a Text Amendment to the City of San Joaquin Zoning Ordinance. The City of San Joaquin would act as the Lead Agency for this project pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines. Copies of all materials referenced in this report are available for review in the project file during regular business hours at the San Joaquin City Hall at 21900 Colorado Avenue, San Joaquin, CA 93662.

Project title
Main Street Townhomes Project
Lead agency name and address
City of San Joaquin
21900 Colorado Avenue
San Joaquin, CA 93660
(559) 693-4311
Contact person and phone number
Elizabeth Cabrera, City Manager
City of San Joaquin
(559) 693-4311
Email: [email protected]
Project location
The City of San Joaquin lies in the Central San Joaquin Valley region, in the central portion of Fresno County (see Figure 1). The City is approximately 8.5 miles south of State Route (SR) 180 and 5.5 miles northwest of SR 145. The proposed Project site is located in northeastern San Joaquin, inside the City limits, east of the corner of Main Street and Arizona Avenue (see Figure 2). The proposed development is located on an approximately 5.06-acre site on Assessor’s Parcel Number 033-040-50 (see Figure 3). 183
Main Street Townhomes Project | Initial Study
CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 5 Project sponsor’s name/address
Terra Firma Development, LLC
2037 W. Bullard Avenue Unit 342
Fresno, CA 93711
General plan designation
Existing: LDR (Low Density Residential)
Proposed: MDR (Medium Density Residential)
Zoning
Existing: R-1
Proposed: R-2
Project Description
The Project Applicant intends to develop a 44-unit single family development, ranging in size from 3,500 square feet to 5,700 square feet of duplex homes on a 5.06-acre site (see Figure 3 for Site Plan).

Project Components
• Development of a 44-unit single family duplexes.
• Construction of internal roads, landscaping, and a six-foot block wall along Main Street per City Standards.
• Construction of curb, gutter and sidewalks, per City Standards. • Connection to City utilities, including stormwater, sewer and water. • Approval of Zone change from R-1 to R-2.
• Approval of a General Plan Amendment from Low Density Residential to Medium Density Residential.
• Approval of a Text Amendment to the City of San Joaquin Zoning Ordinance. Part 6, R-2 MultiFamily Residential Zoning; Section 154.006.03 Development Standards currently require a minimum side yard of 10 feet to the adjoining Lot when a “0” lot line development is proposed.

As part of the Project, the text would be amended to state when a zero “0” lot line development with a duplex building, defined under Section 154.003.01 Definitions of the City of San Joaquin Zoning Ordinance, the interior zero lot line shall divide a 1” air space equally between two fire 184
Main Street Townhomes Project | Initial Study
CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 6 rated walls dividing the duplex into two single family residential units, the opposite side yard shall provide for a minimum setback of 5 feet, resulting in a minimum 10 feet between buildings on the adjoining lot as intended by the current development standards.

Site Circulation
Access to and from the Project site would be from three points along Main Street, at Sanders and Christpher Streets that would be connected by 11th Street, and from Arizona Avenue.

Surrounding Land Uses/Existing Conditions
The Project site is currently vacant and undeveloped. The Project site is sparsely vegetated, with nonnative annual grasses and forbs present on the western margin and trees present in the northeast, east and southeast portions of the site.

Lands surrounding the proposed Project are described as follows:
• North: Agricultural fields, single-family residences, Main Street. • South: Single-family residences, Arizona Avenue, walnut orchards. • East: Walnut orchards.
• West: Single-family residences.

Other Public Agencies Involved
• Approval of a Zone Change by the City of San Joaquin
• Approval of a General Plan Amendment by the City of San Joaquin • Approval of a Zoning Ordinance Text Amendment by the City of San Joaquin • Approval of Building Permits by the City of San Joaquin • Adoption of a Mitigated Negative Declaration by the City of San Joaquin • San Joaquin Valley Air Pollution Control District
• Central Valley Regional Water Quality Control Board
• Compliance with other federal, state and local requirements 185
Main Street Townhomes Project | Initial Study
CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 7 Tribal Consultation
The City of San Joaquin has not received any Project-specific requests from any Tribes in the geographic area with which it is traditionally and culturally affiliated with or otherwise to be notified about projects in the City of San Joaquin.
186
CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 8 Figure 1 – Location
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CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 9 Figure 2 – Site Aerial
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Main Street Townhomes Project | Initial Study
CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 10 Figure 3 – Site Plan
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Main Street Townhomes Project | Initial Study
CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 11

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.

Aesthetics Agriculture Resources
and Forest Resources Air Quality
Biological Resources Cultural Resources Energy
Geology / Soils
Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology / Water
Quality Land Use / Planning Mineral Resources
Noise Population / Housing Public Services
Recreation Transportation
Tribal Cultural
Resources
Utilities / Service
Systems
Wildfire Mandatory Findings of
Significance
190
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CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 12

DETERMINATION
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Elizabeth Cabrera
City Manager
City of San Joaquin
Date
10/10/2024
10/10/24
191
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Main Street Townhomes Project | Initial Study
CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 13

ENVIRONMENTAL CHECKLIST
I. AESTHETICS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Have a substantial adverse effect on a
scenic vista?
b. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway?
c. In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those that
are experienced from publicly accessible
vantage point). If the project is in an
urbanized area, would the project conflict
with applicable zoning and regulations
governing scenic quality?
d. Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?

ENVIRONMENTAL SETTING
The Project site currently supports a vacant agricultural field. The Project site is otherwise sparsely vegetated, mainly with nonnative annual grasses and forbs and some trees. Surrounding the proposed Project are Main Street, agricultural fields, and single-family residences to the north; Arizona Avenue, walnut orchards and single-family residences to the south; walnut orchards to the east; and single-family residences to the west.
192
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Main Street Townhomes Project | Initial Study
CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 14

RESPONSES
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
Less Than Significant Impact. The Project Applicant intends to develop a 44-unit single-family residential duplex development on an approximately 5.06-acre site in northeastern San Joaquin.

A scenic vista is defined as a viewpoint that provides expansive views of highly valued landscape for the benefit of the general public. The site consists of a vacant agricultural field. The City of San Joaquin and Fresno County do not identify any scenic vistas or other scenic resources within the Project area’s vicinity. There are no officially designated or eligible State Scenic Highways near the Project area. The Project has a less than significant impact on scenic vistas or designated scenic resources or highways.

Mitigation Measures: None are required.
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and regulations governing scenic quality?
Less than Significant Impact. The proposed Project would alter the existing visual character of public views of the site from vacant land to fully developed single-family residences. The Project requires approval of a General Plan Amendment, Zone Change, and Text Amendment to the City of San Joaquin Zoning Ordinance Section 154.006.03, which pertains to side yards and lot line development spacing for duplexes. The Project design would then be subject to the City’s remaining Zoning Ordinances, which contain standards that apply to site layout, building design, landscaping, interior street design, lighting, parking and signage. Per the City’s Design Guidelines, detailed architectural plans, color palettes and building materials as well as landscaping plans would be submitted by the Project developer to the City of San Joaquin. The plans shall be required prior to issuance of any building permits. The review shall be substantially based on the building plans and elevations illustrated within this document.

The improvements such as those proposed by the Project are typical of City urban areas and are generally expected from residents of the City. These improvements would not substantially degrade the visual character of the area and would not diminish the visual quality of the area, as they would be consistent with the existing urban visual setting. The proposed Project itself is not visually imposing against the scale of the existing adjacent residential buildings and nature of the surrounding area.

Therefore, the Project would have less than significant impacts on the visual character of the area. 193
Main Street Townhomes Project | Initial Study
CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 15 Mitigation Measures: None are required.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less Than Significant Impact. Nighttime lighting is necessary to provide and maintain safe, secure, and attractive environments; however, these lights have the potential to produce spillover light and glare and waste energy, and if designed incorrectly, could be considered unattractive. Light that falls beyond the intended area is referred to as “light trespass”. Types of light trespass include spillover light and glare.

Minimizing all these forms of obtrusive light is an important environmental consideration. A less obtrusive and well-designed energy efficient fixture would face downward, emit the correct intensity of light for the use, and incorporate energy timers.

Spillover light is light emitted by a lighting installation that falls outside the boundaries of the property on which the installation is sited. Spillover light can adversely affect light-sensitive uses, such as residential neighborhoods at nighttime. Because light dissipates as it travels from the source, the intensity of a light fixture is often increased at the source to compensate for the dissipated light. This can further increase the amount of light that illuminates adjacent uses. Spillover light can be minimized by using only the level of light necessary, and by using cutoff type fixtures or shielded light fixtures, or a combination of fixture types.

Glare results when a light source directly in the field of vision is brighter than the eye can comfortably accept. Squinting or turning away from a light source is an indication of glare. The presence of a bright light in an otherwise dark setting may be distracting or annoying, referred to as discomfort glare, or it may diminish the ability to see other objects in the darkened environment, referred to as disability glare.

Glare can be reduced by design features that block direct line of sight to the light source and that direct light downward, with little or no light emitted at high (near horizontal) angles, since this light would travel long distances. Cutoff-type light fixtures minimize glare because they emit relatively low-intensity light at these angles.

Current sources of light in the Project area are from adjacent residential uses located to the northwest, west and south., which include streetlights and vehicle lights from vehicles traveling along Main Street and Arizona Avenue. The Project would necessitate street lighting and such lighting that would be subject to City standards, which would ensure that unnecessary light and glare would be minimized.

Accordingly, potential impacts would be considered less than significant.

Mitigation Measures: None are required.
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CITY OF SAN JOAQUIN | Crawford & Bowen Planning, Inc. 16 II. AGRICULTURE AND FOREST

RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
b. Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
c. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in
Public Resources Code section 12220(g)),
timberland (as defined by Public
Resources Code section 4526), or
timberland zoned Timberland Production
(as defined by Government Code section
51104(g))?
d. Result in the loss of forest land or
conversion of forest land to non-forest
use?
e. Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest
use?
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ENVIRONMENTAL SETTING
The proposed Project site is located in northeastern San Joaquin, inside the City’s limits, in Fresno County within the San Joaquin Valley, California. The proposed site is designated as Prime Farmland by the State Farmland Mapping and Monitoring Program (FMMP).1 No land under Williamson Act contract occurs in the proposed Project area.

RESPONSES
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? No Impact. The site is located within the City’s limits and is currently designated and zoned for residential uses. Upon approval, the site would be designated for medium-density residential uses, instead of low-density. Any potential impacts resulting from the conversion of agricultural land were previously analyzed in the City of San Joaquin General Plan EIR (SCH#2013091069) at the time the site was designated for residential uses. The Project site is on the valley floor and as such, does not contain forest or timberland and there are no other changes in the existing environment that could result in farmland conversion. As such, there are no new impacts resulting from the conversion of agricultural land.

Mitigation Measures: None are required.
1 California Important Farmland Finder, Department of Conservation. https://maps.conservation.ca.gov/DLRP/CIFF/. Accessed August 2024. 196
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III. AIR QUALITY
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Conflict with or obstruct implementation
of the applicable air quality plan?
b. Result in a cumulatively considerable net
increase of any criteria pollutant for
which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c. Expose sensitive receptors to substantial
pollutant concentrations?
d. Result in other emissions (such as those
leading to odors or adversely affecting a
substantial number of people)?

RESPONSES
a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. The proposed Project site is located in the northeastern portion of the City, east of the corner of Main Street and Arizona Avenue. The Project includes construction of a 44-unit duplex development on a 5.06-acre site. The development would include internal access roads, lighting and other associated improvements.

The proposed Project is in a region classified as a nonattainment area. The main purpose of the air quality plan is to bring the area into compliance with the requirements of the federal and State air quality standards. To bring the San Joaquin Valley into attainment, the San Joaquin Valley Air Pollution Control District (SJVAPCD) adopted the 2022 Plan for the 2015 8-Hour Ozone Standard in December 2022 to satisfy Clean Air Act requirements and ensure attainment of the 75 parts per billion (ppb) 8-hour ozone standard.
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To ensure the San Joaquin Valley’s Air Basin’s (Basin) continued attainment of the USEPA PM10 standard, the SJVAPCD adopted the 2007 PM10 Maintenance Plan in September 2007. The SJVAPCD adopted the 2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards in November 2018 to address the USEPA 1997 annual PM2.5 standard of 15 µg/m3 and 24-hour PM2.5 standard of 65 µg/m3, the 2006 24- hour PM2.5 standard of 35 μg/m³, and the 2012 annual PM2.5 standard of 12 μg/m³.

Construction Emissions
Construction emissions were estimated using the California Emissions Estimator Model (CalEEMod) Version 2022.1.1.28 and default values were utilized where information was not known. As shown in Table 1, the emissions in each construction year are below the significance thresholds (modeling assumptions are provided in Appendix A). Consequently, the emissions on a Project basis are less than significant.

Table 1: Construction Air Pollutant Emissions
Year Emissions (tons per year)
ROG NOx CO PM10 PM2.5
2024 0.05 0.46 0.44 0.10 0.06
2025 0.41 1.24 1.60 0.06 0.05
Significance threshold
(tons/year
10 10 100 15 15
Exceed threshold—
significant impact?
No No No No No
Notes:

PM10 and PM2.5 emissions are from the mitigated output to reflect compliance with Regulation VIII – Fugitive PM10 Prohibitions. ROG = reactive organic gases NOx = nitrogen oxides PM10 and PM2.5 = particulate matter Source: Appendix A Modeling Results.

Operational Emissions
Operational emissions occur during the project's lifespan and come from two major sources: Region sources and motor vehicles or mobile sources. Construction is expected to progress over two years, to be 198
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completed in 2025. When making important determinations, the SJVAPCD considers building and operating emissions separately; in any case, the annual operating emissions together with the annual building emissions would not exceed the relevant SJVAPCD thresholds.

Reductions from land use and transportation measures relating to the location, site design, and proximity of the project to alternative modes of transport are measured by CalEEMod and are based on the methodology provided in the 2010 report of the California Air Pollution Control Officers Association (CAPCOA), Quantifying Gas Mitigation Measures. As shown in Table 2, the emissions are below the SJVAPCD significance thresholds, and therefore, would result in a less than significant impact.

Table 2: Operational Air Pollutant Emissions
Source Emissions (tons per year)
ROG NOx CO PM10 PM2.5
Area 0.43 0.02 0.64 0.06 0.006
Energy <0.005 0.08 0.03 0.01 0.01
Mobile 0.27 0.26 1.77 0.36 0.09
Total 0.70 0.36 2.44 0.42 0.16
Significance
threshold
10 10 100 15 15
Exceed
threshold—
significant
impact?
No No No No No
Notes: ROG = reactive organic gases NOx = nitrogen oxides PM10 and PM2.5 = particulate matter
Area source emissions include emissions from natural gas, landscape, and painting.

Source: Appendix A.
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Localized Pollutant Analysis
Emissions that occur at or near the project have the ability to create a localized effect that is often called an air pollutant hotspot. Localized emissions are deemed important if they would surpass any healthbased air quality level when combined with background emissions.

The SJVAPCD prepared the Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI) which provides screening criteria to identify projects needing thorough review for localized impacts. Projects with rises in on-site emissions from building or operating activities above the screening standard of 100 pounds per day of any polluting parameters following compliance with Rule 9510 and the implementation of all enforceable mitigation measures would require an environmental quality review.

An estimate of the average daily emissions during construction and service was performed to assess if emissions for any pollutant of concern would exceed 100 pounds per day. The average daily emissions would occur during construction during 2024 and 2025. During the Project buildout, which is expected to be completed in 2025, the estimated daily operating emissions would be present. Operational emissions include pollution from on-site sources such as natural gas production and landscape maintenance, and from off-site vehicles that enter the project. Pollution from motor vehicles would occur away from the site and would not lead to a breach of local air quality regulations, rendering the study highly conservative. The results of the screening analysis are presented in Table 3.

Table 3: Maximum Daily Air Pollutant Emissions
Source Emissions (pounds per day)
NOx CO PM10 PM2.5
Construction
2024

36.0 33.5 21.4 11.6
Construction
2025

10.6 13.7 0.53 0.42
Operations 2.51 24.1 3.5 1.96
Screening
threshold
100 100 100 100
Exceed
screening
threshold?
No No No No
Notes:
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Source Emissions (pounds per day)
NOx CO PM10 PM2.5
NOx = nitrogen oxides CO = carbon monoxide PM10 and PM2.5 = particulate matter
The proposed Project would not surpass SJVAPCD screening requirements to require additional analysis of the ambient air quality; therefore, the project’s localized criteria pollutant impacts are less than significant.

Furthermore, the growth projections used for the San Joaquin General Plan assume that growth in population, vehicle use and other source categories would occur at rates that are consistent with the rates used to develop the SJVAPCD’s attainment plans. In other words, the amount of growth predicted for the General Plan is accommodated by the SJVAPCD’s attainment plan and would allow the air basin to attain the 8-hour ozone standard by the 2023 attainment date. Development of 44 single-family duplex residences on the subject property would be required to comply with these rules and regulations providing additional support for the conclusion that it would not interfere or obstruct with the application of the attainment plans.

The proposed Project would comply with the Conservation Element of the San Joaquin General Plan and the Goals, Policies and Objectives of the Regional Transportation Plan adopted by the Fresno Council of Fresno County Governments; therefore, the Project would not conflict with or obstruct an applicable air quality plan.

Because the Project site has been planned for residential (R-1) development since the General Plan EIR was adopted, and because the Project would have less than significant project-level impacts related to criteria air pollutants, the cumulative increase of any criteria pollutant would also be less than significant.

As noted above, the Project would not otherwise conflict with the SJVAPCD’s air quality plans. The Project is consistent with the land use assumptions for the Project site in the City’s General Plan and EIR, and the cumulative emissions would not be a significant contribution to a cumulative impact. The impact would be less than significant.

Mitigation Measures: None are required.
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? 201
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Less Than Significant Impact. The Air Basin is in non-attainment for ozone, PM10, and PM2.5, which means that certain pollutants' exposure levels are often higher than the normal air quality requirements.

Air quality standards have been set to protect public health, particularly the health of vulnerable people.

Therefore, if the concentration of those contaminants exceeds the norm, some susceptible individuals in the population are likely to experience health effects. The health effects are therefore a factor in the doseresponse curve. Concentration of the pollutant in the air, the length of time exposed and the individual's reaction are factors that affect the extent and nature of the health effects. As shown in Table 1 and Table 2, the regional construction and operational emission analysis shows that the Project does not surpass the substantial thresholds of the SJVAPCD and that the Project is compliant with the Air Quality Attainment Plan applicable. Therefore, the Project would not result in significant cumulative health impacts. Impacts are less than significant.

Mitigation Measures: None are required.
c. Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. Sensitive receptors include the following uses: residences, schools, daycare centers, extended-care facilities, and hospitals. There are sensitive receptors (residential uses) near the site to the northwest, west and south. Although the proposed Project itself is a sensitive receptor and is being proposed near busy roadways, which have the potential to expose the proposed sensitive receptors to a higher level of pollution concentrations, for the purposes of CEQA, we only consider the impact of the project on the environment and not the impact of the environment on the project.

Impacts to On-site Workers
The Project is not a commercial or manufacturing venture which would have employees on-site.

Therefore, a health risk assessment is not needed or recommended for the construction workers.

Construction: NOx, PM10, PM2.5
As stated in Impact III-b), emissions during construction would not reach the thresholds of significance and would not be anticipated to result in concentrations that reach ambient standards or significantly add to a current excess of an ambient air quality level.

Operation: PM10, PM2.5, CO, NO2
As stated in Impact III-a), localized PM10, PM2.5, CO and NO2 concentrations would not surpass the ambient air quality requirements. A 44-home subdivision is an insignificant source of these pollutants. 202
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The Project should therefore not expose susceptible receptors to significant air pollutant concentrations during service. Impacts to sensitive receptors would be less than significant.

Mitigation Measure: None are required.
d. Result in other emissions (such as those leading to odors adversely affecting a substantial number of people?
Less Than Significant Impact. The SJVAPCD addresses odor criteria within the GAMAQI and has not established a rule or standard regarding odor emissions, rather, the district has a nuisance rule: “Any project with the potential to frequently expose members of the public to objectionable odors should be deemed to have a significant impact.” During project construction, some odors may be present due to diesel exhaust. However, these odors would be temporary and limited to the construction period. The proposed residential uses are not anticipated to emit any objectionable odors. Any odors in general would be confined mainly to the Project site and would readily dissipate. Therefore, the proposed Project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. The impacts would be less than significant.

Mitigation Measures: None are required.
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IV. BIOLOGICAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations,
or by the California Department of Fish
and Game or U.S. Fish and Wildlife
Service?
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the
California Department of Fish and Game
or U.S. Fish and Wildlife Service?
c. Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption,
or other means?
d. Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors,
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or impede the use of native wildlife
nursery sites?
e. Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?

ENVIRONMENTAL SETTING
The proposed Project site is located in a portion of the central San Joaquin Valley that has, for decades, experienced intensive agricultural and urban disturbances. Current agricultural endeavors in the region include dairy, cattle, groves, and row crops.

Like most of California, the Central San Joaquin Valley experiences a Mediterranean climate. Warm dry summers are followed by cool moist winters. Summer temperatures usually exceed 90 degrees Fahrenheit, and the relative humidity is generally very low. Winter temperatures rarely raise much above 70 degrees Fahrenheit, with daytime highs often below 60 degrees Fahrenheit. Annual precipitation within the proposed Project area is about 10 inches, almost 85% of which falls between the months of October and March. Nearly all precipitation falls in the form of rain and storm-water readily infiltrates the soils of the surrounding the site.

Native plant and animal species once abundant in the region have become locally extirpated or have experienced large reductions in their populations due to conversion of upland, riparian, and aquatic habitats to agricultural and urban uses. Remaining native habitats are particularly valuable to native wildlife species including special status species that still persist in the region.

The site is currently vacant. The Project site’s surrounding lands consist primarily of single-family residences and agricultural uses.

The impact analyses in this section are based on a Biological Resources Technical Memorandum for the Tentative Tract Map 6307, San Joaquin, California, prepared for the Project by Rincon Consultants, Inc. on April 13, 2020, which is included in Appendix B.
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RESPONSES
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. A record search of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB, 9-quad search) was performed for the Project.

The California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants and the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) were also accessed to obtain comprehensive information regarding state and federally listed species, as well as other special status species and sensitive plant communities considered to have potential to occur or known to occur within the San Joaquin, California USGS 7.5-minute topographic quadrangle and/or surrounding eight quadrangles.

The review of the resource agency databases for known special status animal occurrences within the nine USGS quadrangles containing and surrounding the project site identified 25 special status animal species and 16 special status plant species known to occur in the region. The site was evaluated for its potential to provide habitat value for these species. Of the species known to occur in the region, two animal species are known to forage in habitat types with characteristics similar to the Project site: northern harrier (Circus hudsonius; state species of special concern) and Swainson’s hawk (Buteo swainsoni; state threatened species).

The Project site does not currently provide suitable habitat for any of the special status plant species to occur on the site due to high levels of disturbance, long-time development of areas surrounding the site, and the absence of native vegetation communities on the Project site. No rodent burrows were observed on the Project site, indicating a low prey base and poor-quality foraging habitat for predatory bird species. There is no suitable nesting habitat for Swainson’s hawk on the project site or in the immediate vicinity, and no known nests within 10 miles. No raptor nests were observed on utility poles or in palm trees near the site. Therefore, there is no potential for special status species to exist in the area. Any impacts to special status species are considered less than significant.

Mitigation Measures: None are required.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
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c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant Impact. The Project site is comprised almost exclusively of agricultural land. No jurisdictional waters or wetlands are present within or surrounding the Project site. A small area of nonnative annual grasses and forbs dominated by mustard (Brassica nigra) and ripgut brome (Bromus diandrus) is present on the western margin of the site. Walnut trees had recently been planted to the northeast, east and southeast of the site. The trees are present in the northeast, east, and southeast portions of the site. Land use surrounding the project site is suburban/residential to the south and west and agricultural to the north, east and southeast. A fallow field and single-family residence are located across Main Street to the north and northwest and multifamily residences are located across Arizona Avenue to the southwest. Common landscaping vegetation is present in the residentially developed areas surrounding the site, and includes ornamental trees, shrubs, and grasses.

The proposed Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS as no riparian habitat or other sensitive natural community is present in the survey area. The proposed Project would not have a substantial adverse effect on state or federally protected wetlands (including, but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means as no impacts to wetlands would occur. As such, there would be less than significant impacts.

Mitigation Measures: None are required.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less than Significant Impact with Mitigation. There are no natural waterways or natural vegetation on the Project site, and the site is not used for movement of wildlife species or for a migratory wildlife corridor, nor is the site used for native wildlife nursery sites. The parcel is currently vacant land with minimal vegetation. The site is highly disturbed; however, in the event that migratory and/or native avian species are nesting within or adjacent to the proposed Project area at the time of construction, construction activities could result in nest abandonment and/or direct mortality to individual birds.

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Fish and Game Code. The implementation of BIO-1 would ensure that potential impacts remain less than significant.

Mitigation Measures:

BIO-1. To the extent practicable, construction shall be scheduled to avoid the nesting season, which extends from February through August. If it is not possible to schedule construction between September and January, preconstruction surveys for nesting birds shall be conducted by a qualified biologist to ensure that no active nests would be disturbed during the implementation of the Project. A pre-construction survey shall be conducted no more than 14 days prior to the initiation of construction activities. During this survey, the qualified biologist shall inspect all potential nest substrates in and immediately adjacent to the impact areas.

If an active nest is found close enough to the construction area to be disturbed by these activities, the qualified biologist shall determine the extent of a construction-free buffer to be established around the nest. If work cannot proceed without disturbing the nesting birds, work may need to be halted or redirected to other areas until nesting and fledging are completed or the nest has otherwise failed for non-construction related reasons.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. The proposed Project is consistent with the goals and policies of the City of San Joaquin General Plan and would not conflict with the General Plan’s policies related to “no-net-loss” of wetlands and preservation of riparian habitats because wetlands and riparian habitats are absent from the Project site. The Project would not result in significant loss of habitat for special status animal species and would therefore be consistent with General Plan policies related to wildlife habitat. Therefore, the proposed Project would have no impact.

Mitigation Measures: None are required.
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f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The proposed Project site is not within an area set aside for the conservation of habitat or sensitive plant or animal species pursuant to a Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. As such, there is no impact.

Mitigation Measures: None are required.
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V. CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Cause a substantial adverse change in the
significance of a historical resource as
defined in §15064.5?
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?
c. Disturb any human remains, including
those interred outside of formal
cemeteries?

ENVIRONMENTAL SETTING
Archaeological resources are places where human activity has measurably altered the earth or left deposits of physical remains. Archaeological resources may be either prehistoric (before the introduction of writing in a particular area) or historic (after the introduction of writing). The majority of such places in this region are associated with either Native American or Euro-American occupation of the area. The most frequently encountered prehistoric and early historic Native American archaeological sites are village settlements with residential areas and sometimes cemeteries; temporary camps where food and raw materials were collected; smaller, briefly occupied sites where tools were manufactured or repaired; and special-use areas like caves, rock shelters, and sites of rock art. Historic archaeological sites may include foundations or features such as privies, corrals, and trash dumps.

The impact analyses in this section are based on a Cultural Resources Assessment for the Tentative Tract Map 6307, San Joaquin, California, prepared for the Project by Rincon Consultants, Inc. on March 6, 2020, which is included in Appendix C.

RESPONSES
a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
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c) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant Impact With Mitigation. A search of the California Historical Resources Information System (CHRIS) at the Southern San Joaquin Valley Information Center (SSJVIC) located at the California State University, Bakersfield on February 26, 2020 was performed on behalf of the Project.

The search was performed to identify previously conducted cultural resources studies and previously recorded cultural resources within the project site and a 0.5-mile radius surrounding it. The CHRIS search included a review of the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), the Office of Historic Preservation Historic Properties Directory, the Built Environment Resources Directory, and the Archaeological Determinations of Eligibility list.

The SSJVIC records search identified six previously conducted cultural resources studies that have been performed within a 0.5-mile radius of the Project site: FR-00116, FR-00631, FR-00632, FR-02532, FR-02911, and FR-02937. No cultural resources studies were completed on the Project site, and two were completed adjacent to the Project site. Additionally, the records search identified two previously recorded cultural resources within a 0.5-mile radius of the Project site, which included a section of the Southern Pacific Railroad and a historic irrigation canal.

There are no recorded cultural resources within the Project area that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of Historic Resources, for the California State Historic Landmarks.

The discovery of human remains is regulated by California Health and Safety Code Section 7050.5, which states that:

In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation…until the coroner…has determined…that the remains are not subject to…provisions of law concerning investigation of the circumstances, manner and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible….

The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains. If the coroner determines that the remains are not subject to his or her authority and…has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission.

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be discovered during Project site preparation, excavation and/or grading activities. Compliance with California Health and Safety Code Section 7050.5 would reduce potential impacts to human remains and Mitigation Measure CUL – 1 would be implemented to reduce potential impacts to archaeological and historical resources. Impacts are less than significant impacts with mitigation.

Mitigation Measures:

CUL – 1: Should evidence of prehistoric archeological resources be discovered during construction, the contractor shall halt all work within 25 feet of the find and the resource shall be evaluated by a qualified archaeologist.If evidence of any archaeological, cultural, and/or historical deposits is found, hand excavation and/or mechanical excavation shall proceedto evaluate thedeposits for determinationof significance asdefinedby the CEQA guidelines. The archaeologist shall submit reports, to the satisfaction of the City of San Joaquin, describing the testing program and subsequent results. These reports shall identify any program mitigation that the project proponent shall complete in order to mitigate archaeological impacts (including resource recovery and/or avoidance testing and analysis, removal, reburial, and curation of archaeological resources). 212
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VI. ENERGY
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?
b. Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
The energy requirements for the proposed Project were determined using the construction and operational estimates generated from the CalEEMod output files (refer to Appendix A). The calculation worksheets for fuel consumption rates for off-road construction equipment and on-road vehicles are provided in Appendix A.

RESPONSES
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact. The proposed Project includes the subdivision of the approximately 5.06- gross acre site into 44 residential duplex lots with internal roads, landscaping, and a six-foot block wall along Main Street. The Project would increase energy usage on a vacant site that is presently demanding minimal energy.

During construction, the Project would consume energy in two general forms: (1) the fuel energy consumed by construction vehicles and equipment; and (2) bound energy in construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass.

Title 24 Building Energy Efficiency Standards provide guidance on construction techniques to maximize energy conservation and it is expected that contractors and owners have a strong financial incentive to use recycled materials and products originating from nearby sources in order to reduce materials costs.

As such, it is anticipated that materials used in construction and construction vehicle fuel energy would not involve the wasteful, inefficient, or unnecessary consumption of energy. 213
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Operational Project energy consumption would occur for multiple purposes, including but not limited to, building heating and cooling, refrigeration, lighting and electronics. Operational energy would also be consumed during each vehicle trip associated with the proposed use. CalEEMod was utilized to generate the estimated energy demand of the proposed Project, and the results are provided in Table 4 and in Appendix A.

Table 4: Annual Project Energy Consumption
Land Use Electricity Use
in kWh/year
Natural Gas Use
in kBTU/year
Single Family
Housing
411,250 1,712,142
The proposed Project would be required to comply with Title 24 Building Energy Efficiency Standards, which provide minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting.

Implementation of Title 24 standards significantly increases energy savings, and it is generally assumed that compliance with Title 24 ensures projects would not result in the inefficient, wasteful, or unnecessary consumption of energy.

As discussed in Impact XVII – Transportation/Traffic, at build-out the Project is expected to generate 415 trips per weekday, 420 trips on Saturdays and 376 trips on Sundays, many of which would be peak hour trips. This would result in approximately 1,009,941 vehicle miles traveled (VMT) per year. The length of these trips and the individual vehicle fuel efficiencies are not known; therefore, the resulting energy consumption cannot be accurately calculated. Adopted federal vehicle fuel standards have continually improved since their original adoption in 1975 and assists in avoiding the inefficient, wasteful, and unnecessary use of energy by vehicles.

As discussed previously, the proposed Project would be required to implement and be consistent with existing energy design standards at the local and state level. The Project would be subject to energy conservation requirements in the California Energy Code and CALGreen. Adherence to state code requirements would ensure that the Project would not result in wasteful and inefficient use of nonrenewable resources due to building operation. Any impacts are less than significant.

Mitigation Measures: None are required.
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? 214
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Less Than Significant Impact. The CEC recently adopted the 2023 Integrated Energy Policy Report. The 2023 Integrated Energy Policy Report provides the results of the CEC’s assessments of a variety of energy issues facing California. Many of these issues would require action if the State is to meet its climate, energy, air quality, and other environmental goals while maintaining energy reliability and controlling costs. The 2023 Integrated Energy Policy Report covers a broad range of topics, including decarbonizing buildings, integrating renewables, energy efficiency, energy equity, integrating renewable energy, updates on Southern California electricity reliability, climate adaptation activities for the energy sector, natural gas assessment, transportation energy demand forecasts, and the California Energy Demand Forecast.

As indicated above, energy usage on the Project site during construction would be temporary in nature and would be relatively small in comparison to the State’s available energy sources. In addition, energy usage associated with operation of the proposed project would be relatively small in comparison to the region’s available energy sources, and energy impacts would be negligible at the regional level. Because California’s energy conservation planning actions are conducted at a regional level, and because the project’s total impact on regional energy supplies would be minor, the proposed Project would not conflict with or obstruct California’s energy conservation plans as described in the CEC’s 2023 Integrated Energy Policy Report.

For the above reasons, the proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and impacts would be less than significant.

Mitigation Measures: None are required.
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VII. GEOLOGY AND SOILS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact No Impact
a. Expose people or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
i. Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the
State Geologist for the area or based
on other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure,
including liquefaction?
iv. Landslides?
b. Result in substantial soil erosion or the
loss of topsoil?
c. Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction or collapse?
d. Be located on expansive soil, as defined
in Table 18-1-B of the most recently
adopted Uniform Building Code
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creating substantial risks to life or
property?
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
f. Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?

ENVIRONMENTAL SETTING
San Joaquin is located in the central part of the Central Valley, which is a nearly flat northwest-southeast trending basin approximately 450 miles long and approximately 75 miles wide. The City of San Joaquin is located on soil types characterized by a relatively thin section of sedimentary rock overlying a granitic basement layer. The hazards due to ground-shaking are considered low due to the relative distance of the City from seismic faults. The Coalinga Fault, located 40 miles away, is the nearest known active fault.

The City of San Joaquin is between the San Andreas Fault and the Owens Valley Fault. The Owens Valley Fault is 100 miles to the east and the San Andreas Fault is 50 miles to the west of the City. Other nearby faults include the White Wolf Fault, the Kern Front Fault and Edison Fault in Kern County. The City of San Joaquin is located in a Seismic Zone VI, as defined by the California Uniform Building Code. The potential for amplification from ground shaking is high in Zone VI; however, the distance from active faults lessens the potential effects of seismic activity.

RESPONSES
a-i) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication

42. a-ii) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking?
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a-iii) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction? a-iv) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides?
Less Than Significant Impact. The proposed Project site is located on an approximately 5.06-acre site, in northeastern San Joaquin, inside the City limits, east of the corner of Main Street and Arizona Avenue.

The proposed site is not located in an earthquake fault zone as delineated by the 1972 Alquist-Priolo Earthquake Fault Zoning Map Act.2 The nearest known potentially active fault is the Coalinga Fault Zone, located approximately 40 miles away. No active faults have been mapped within the Project boundaries, so there is little potential for fault rupture. It is anticipated that the proposed Project site would be subject to some ground acceleration and ground shaking associated with seismic activity during its design life. The proposed Project site would be engineered and constructed in strict accordance with the earthquake resistant design requirements contained in the latest edition of the California Building Code (CBC) for Seismic Zone VI, as well as Title 24 of the California Administrative Code, and therefore would avoid potential seismically induced hazards on planned structures.

The proposed Project site has a generally flat topography, which would preclude the likeliness of a landslide. The impact of seismic or landslide hazards on the Project would be less than significant.

Mitigation Measures: None are required.
b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. Construction activities associated with the Project involve ground preparation work for the new housing development and associated improvements. These activities could expose barren soils to sources of wind or water, resulting in the potential for erosion and sedimentation on and off the Project site. During construction, nuisance flow caused by minor rain could flow off-site. The City and/or contractor would be required to employ appropriate sediment and erosion control BMPs as part of a Stormwater Pollution Prevention Plan (SWPPP) that would be required in the California National Pollution Discharge Elimination System (NPDES). As such, any impacts would be considered less than significant.

Mitigation Measures: None are required.
2 Earthquake Hazard Zones, California Department of Conservation. https://maps.conservation.ca.gov/cgs/EQZApp/app/. Accessed August 2024.
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c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less Than Significant Impact. See Impact VI a). The site is not at significant risk from ground shaking, liquefaction, or landslide and is otherwise considered geologically stable. The Project site is comprised of one main soil type: Merced clay, slightly saline. 3 This soil type is considered very poorly drained, with medium runoff. The City of San Joaquin is not recognized by the California Geological Survey (CGS) as being in an area of liquification.4
The City of San Joaquin is on relatively flat terrain which precludes the occurrence of landslides.

Subsidence is typically related to over-extraction of groundwater from certain types of geologic formations where the water is partly responsible for supporting the ground surface. The City of San Joaquin is recognized by the U.S. Geological Service as being in an area of subsidence due to groundwater pumping.5 However, ongoing potential impacts of groundwater depletion and subsidence are constantly being monitored by USGS through a system of extensometers positioned throughout the San Joaquin Valley. Continuous measurements and aquifer-system response analysis enables appropriate governing of parameters set to mitigate subsidence impacts in the region. Impacts are considered less than significant.

Mitigation Measures: None are required.
d) Be located on expansive soil, as defined in Table 18-1-B of the most recently adopted Uniform Building Code creating substantial risks to life or property?
Less Than Significant Impact. The California Building Code (CBC) is administered by the California Building Standards Commission, which is responsible for coordinating all building standards. The purpose of the CBC is to establish minimum standards to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, and general stability by regulating and 3 U.S. Department of Agriculture. Natural Resource Conservation Service. Web Soil Survey. https://websoilsurvey.sc.egov.usda.gov/app/WebSoilSurvey.aspx. Accessed August 2024. 4 California Geological Survey Seismic Hazards Program: Liquification Zones. https://data.ca.gov/dataset/cgs-seismic-hazards-programliquefaction-zones/resource/e3b8d49f-5483-422d-8ba7-1a0b7ebb4309. Accessed August 2024. 5 U.S. Geological Service. Areas of Land Subsidence in California. https://ca.water.usgs.gov/land_subsidence/california-subsidence-areas.html Accessed August 2024.
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controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within its jurisdiction. The provisions of the CBC apply to the construction, alteration, movement, replacement, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures within the jurisdiction of the state of California.

The shrink/swell potential of expansive soils on the proposed Project site are considered high to moderately high. 6 Compliance with the CBC would ensure that potentially expansive soils, if encountered, are adequately addressed. CBC requirements include activities such as removing expansive soils and placing a mat of properly compacted, non-expansive fill prior to placing foundation, structures, utilities, and road beds. In some cases, potentially expansive soils can be treated or mixed with other materials to reduce its expansive potential to acceptable levels. As such, implementation of the required CBC would ensure that potential impacts associated with expansive soils would be less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The proposed Project does not include the construction,replacement, or disturbance of septic tanks or alternative wastewater disposal systems. The Project would be required to tie into the existing City sewer system (See Utilities section for more details). Therefore, there is no impact.

Mitigation Measures: None are required.
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact with Mitigation. Paleontological resources are valued for the information they yield about the history of the earth and its past ecological settings. A review of the cultural and historical resources was provided in Section 3.5 and 3.17, Cultural Resources and Tribal Resources, respectively. There are currently no unique geologic features located in the Project Area.

While the discovery of paleontological resources within the Project footprint is considered unlikely, Project buildout would adhere to California Public Resources Code Section 21083.2 which requires all earth-disturbing work to be temporarily suspended or redirected until a qualified archaeologist has 6 2024 Fresno County Hazard Mitigation Plan. May 2024. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.fresnocountyca.gov/files/sharedassets/county/v/1/resources/hazard-mitigationplan/draft-2024-fresno-county-hazard-mitigation-plan.pdf. Page 145. Accessed August 2024. 220
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evaluated the nature and significance of the records, in accordance with federal, State, and local guidelines. In addition, Mitigation Measure GEO-1 would be implemented in the case of any inadvertent discoveries. With adherence to these regulatory requirements and measures, impacts would be less than significant with mitigation.

Mitigation Measure
GEO – 1: In the event of a fossil discovery by construction personnel, the construction contractor shall halt all construction activities within the immediate vicinity of the fossil, and a Qualified Professional Paleontologist shall be retained to evaluate the find prior to resuming construction activity. If it is determined the fossil(s) is (are) scientifically significant, the Qualified Professional Paleontologist shall complete the following conditions to mitigate impacts to significant fossil resources:
• If fossils are discovered, the Qualified Professional Paleontologist shall have the authority to halt or temporarily divert construction equipment within 50 feet of the find until the Qualified Professional Paleontologist evaluate the discovery and determine if the fossil may be considered significant. Bulk matrix sampling may be necessary to recover small invertebrates or microvertebrates from within paleontologically sensitive deposits.
• Once salvaged, significant fossils shall be identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection along with all pertinent field notes, photos, data, and maps. Fossils of undetermined significance at the time of collection may also warrant curation at the discretion of the Qualified Professional Paleontologist.
• The Qualified Professional Paleontologist shall submit a report describing the results of the paleontological monitoring efforts associated with the paleontological monitoring efforts associated with the project. The report shall include a summary of the field and laboratory methods, an overview of the project geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific significance, and recommendations. The report shall be submitted to the City for review and approval. 221
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VIII. GREENHOUSE GAS EMISSIONS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
b. Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
The greenhouse gas emissions for the proposed Project were determined using the construction and operational estimates generated from the CalEEMod output files (refer to Appendix A).

RESPONSES
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less than Significant Impact. Emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors. Therefore, the cumulative global emissions of GHGs contributing to global climate change can be attributed to every nation, region, and city, and virtually every individual on Earth. A project’s GHG emissions are at a micro-scale relative to global emissions, but could result in a cumulatively considerable incremental contribution to a significant cumulative macro-scale impact.

Implementation of the proposed project would contribute to increases of GHG emissions that are associated with global climate change. Estimated GHG emissions attributable to future development would be primarily associated with increases of CO2 and other GHG pollutants, such as CH4 and N2O, from mobile sources and utility usage.

The proposed project’s short-term construction-related and long-term operational GHG emissions for buildout of the proposed project, were estimated using CalEEMod (v.2022.1.1.26). The model quantifies direct GHG emissions from construction and operation (including vehicle use), as well as indirect GHG 222
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emissions, such as GHG emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use. Emissions are expressed in annual metric tons of CO2 equivalent units of measure (i.e., MTCO2e), based on the global warming potential of the individual pollutants.

Short-Term Construction GHG Emissions
Estimated increases in GHG emissions associated with construction of the proposed Project are summarized in Table 5.

Table 5: Construction Greenhouse Gas Emissions
Year Bio-CO2 NBioCO2Total
CO2
CH4 N2O CO2E
Construction 2024 0.000 65.0 65.0 <0.005 <0.005 65.3
Construction 2025 0.000 270.0 270.0 0.01 <0.005 271
Total 0.000 335.0 335.0 0.01 <0.005 336.3
Notes: Due to rounding, total may be marginally different from CalEEMod output.

MTCO2e = metric tons of carbon dioxide equivalents
Source: CalEEMod output (Appendix A).

As presented in the table, maximum short-term annual construction emissions of GHG associated with development of the Project are estimated to be 336.3 CO2E. These construction GHG emissions are a onetime release and are comparatively much lower than emissions associated with operational phases of a project. Cumulatively, these construction emissions would not generate a significant contribution to global climate change.

Long-Term Operational GHG Emissions
The long-term operational emissions estimate for buildout of the proposed project, incorporates the potential area source and vehicle emissions, and emissions associated with utility and water usage, and wastewater and solid waste generation. Estimated GHG emissions associated with the buildout of the proposed project is summarized in Table 6. As shown in the following table, the annual GHG emissions associated with buildout of the proposed project would be approximately 573.0 MTCO2e. 223
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Table 6: Operational Greenhouse Gas Emissions
Category Bio-CO2 NBioCO2Total
CO2
CH4 N2O CO2E
Mobile 0.00 391.0 391.0 0.02 0.02 398.0
Area 8.89 17.8 26.7 0.04 <0.005 27.7
Energy 0.00 129 129.0 0.01 <0.005 130.0
Water 0.56 2.58 3.14 0.06 <0.005 5.02
Waste 3.49 0.00 3.49 0.35 0.00 12.2
Total 12.9 540.0 553.0 0.48 0.02 573.0
Notes: Due to rounding, total may be marginally different from the CalEEMod output files.

MTCO2e = metric tons of carbon dioxide equivalents
Source: CalEEMod output files.

As demonstrated above, the proposed Project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. Therefore, this impact would be less than significant.

The short-term annual construction emissions of GHG associated with Project development are estimated to be 65.3 (2024) and 271.0 MTCO2e (2025). As stated previously, short-term construction GHG emissions are a one-time release of GHGs and are not expected to significantly contribute to global climate change over the lifetime of the proposed Project. The annual operational GHG emissions associated with buildout of the proposed project would be approximately 573.0 MTCO2e. The proposed Project would not occur at a scale or scope with potential to contribute substantially or cumulatively to the generation of greenhouse gas emissions, either directly or indirectly, or conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

Therefore, this impact would be less than significant.

In conclusion, the proposed Project would not result in any greenhouse gas emission environmental impacts beyond those analyzed in EIR SCH No. 2013091069 for the San Joaquin General Plan. The Project supports the Scoping Plan's targets by introducing design steps to reduce the energy usage, water use, 224
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and vehicle miles traveled. Therefore, the Project does not conflict with any plans to reduce GHG emissions. The impact is less than significant.

Mitigation Measures: None are required.
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IX. HAZARDS AND HAZARDOUS

MATERIALS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
b. Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
c. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?
d. Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
e. For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
the project result in a safety hazard for
people residing or working in the project
area?
f. Impair implementation of or physically
interfere with an adopted emergency
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response plan or emergency evacuation
plan?
g. Expose people or structures either directly
or indirectly to a significant risk of loss,
injury or death involving wildland fires?

ENVIRONMENTAL SETTING
The proposed Project site is located in the northeastern portion of the City of San Joaquin. The site currently supports an agricultural field.

RESPONSES
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact with Mitigation Incorporation. The Project Applicant intends to develop 44 single-family duplex units on an approximately 5.06-acre site. The development would also include access roads, parking, lighting and other associated improvements.

Surrounding the proposed Project are Main Street, agricultural fields, and single-family residences to the north; Arizona Avenue, walnut orchards and single-family residences to the south; walnut orchards to the east; and single-family residences to the west.

Proposed Project construction activities may involve the use and transport of hazardous materials. These materials may include fuels, oils, mechanical fluids, and other chemicals used during construction.

Transportation, storage, use, and disposal of hazardous materials during construction activities would be required to comply with applicable federal, state, and local statutes and regulations. Compliance would ensure that human health and the environment are not exposed to hazardous materials. In addition, the Project would be required to comply with the National Pollutant Discharge Elimination System (NPDES) permit program through the submission and implementation of a Stormwater Pollution Prevention Plan during construction activities to prevent contaminated runoff from leaving the Project site. Therefore, no significant impacts would occur during construction activities.

The operational phase of the proposed Project would occur after construction is completed and residents move in to occupy the residential structures. The proposed Project would include land uses that are 227
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considered compatible with the surrounding uses. None of these land uses routinely transport, use, or dispose of hazardous materials, or present a reasonably foreseeable release of hazardous materials, with the exception of common residential grade hazardous materials such as household and commercial cleaners, paint, etc. The proposed Project would not create a significant hazard through the routine transport, use, or disposal of hazardous materials, nor would a significant hazard to the public or to the environment through the reasonably foreseeable upset and accidental conditions involving the likely release of hazardous materials into the environment occur.

A Phase I Environmental Site Assessment (ESA) was performed on behalf of the proposed Project by Rincon Consultants, Inc., report date March 11, 2020 (See Appendix D for full report). The ESA historical resources reviewed indicated that the Project site appears to have been used for agricultural purposes as early as 1937. In general, it appears that the subject property remained used for agricultural purposes from approximately 1937 through the present day. Agricultural land use is typically associated with the use of pesticides and arsenic. Therefore, the former use of the subject property for agricultural purposes is considered a Recognized Environmental Condition (REC). Due to the historical use of the subject property for agriculture purposes, there is a potential that the subject property could be affected with pesticides, or other chemicals used routinely in agricultural production. Soil sampling, as detailed in Mitigation Measure HAZ-1, would allow the City to identify the amounts of Pesticides and Organochlorine Pesticides (OCPs) historically used on the property.

Therefore, with implementation of HAZ-1, the proposed Project would not create a significant hazard to the public or the environment and any impacts would be less than significant.

Mitigation Measures:

HAZ -1 Soil sampling, per California Department of Toxic Substances Control (DTSC) Interim Guidance for Sampling Agricultural properties (August 7, 2008)7 shall be conducted to identify the amounts of OCPs in the soil. If present, OCPs requiring further analysis, per DTSC consultation, are dichloro-diphenyl-trichloroethane, toxaphene, and dieldrin. Should these OCPs be present, soil remediation shall be conducted until levels are reduced per DTSC guidelines prior to issuance of grading permits.

Additionally, if any level of arsenic is present, further analysis and 7 California Department of Toxic Substances Control. Interim Guidance for Sampling Agricultural Properties (Third Revision). August 7, 2008. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://dtsc.ca.gov/wp-content/uploads/sites/31/2018/09/Ag-Guidance-Rev-3-August7-2008-2.pdf. Accessed August 2024. 228
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sampling shall meet Human Health Risk Assessment NOTE NUMBER 3, DTSC-SLs approved thresholds. 8 If arsenic levels do not meet the approved thresholds, remedial action shall take place to reduce levels below thresholds prior to issuance of grading permits.

c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less Than Significant Impact. San Joaquin Elementary School is located approximately 0.25 miles west of the proposed Project site. There are no other schools located within the 0.25-mile radius of the proposed Project site. As the proposed Project includes the development of family residences, it is not reasonably foreseeable that the proposed Project would cause a significant impact by emitting hazardous waste or bringing hazardous materials within one-quarter mile of an existing or proposed school.

Residential land uses do not generate, store, or dispose of significant quantities of hazardous materials.

See also Responses a. and b. above regarding hazardous material handling. There would be a less than significant impact.

Mitigation Measures: None are required.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Less Than Significant Impact. According to the environmental records sources search, five properties having hazardous materials releases were reported ranging from 2,000 feet to 2,550 feet from the Project site. Based on the distance to the subject property, the three releases reported at the intersection of Colorado Avenue and Main Street, 22023 West Colorado Avenue, and 22125 West Colorado Avenue are considered de minimis.

Two nearby release sites lack documentation. The first, 21500 West Manning Avenue, involves a release of gasoline to soil which occurred in February 1992 and the UST case was closed by the Fresno County 8 California Department of Toxic Substances Control. Human and Ecological Risk Office. June 2020, revised May 2022. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://dtsc.ca.gov/wp-content/uploads/sites/31/2022/02/HHRA-Note-3-June2020-RevisedMay2022A.pdf. Accessed August 2024. 229
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Department of Public Health in 1992. No documents could be located on GeoTracker. Although there is no documentation of the closure of the site, based on the soil-only nature of the release, depth to groundwater (greater than 75 feet), and the distance to the Project site, this release site is considered de minimis. The second nearby site, 22050 West Colorado, involves the release of a solvent or non-petroleum hydrocarbon, which occurred in June 2004. Following the release, petroleum hydrocarbon product was removed from the adjacent storm drain. The status of this release site is listed as “Open – site assessment as of 5/28/2009”. No documents could be located on GeoTracker. Although there is no documentation of the site, based on the surficial nature of the release, depth to groundwater and the distance to the subject property, this release site is considered de minimis. Therefore, this is a less than significant impact.

Mitigation Measures: None are required.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
Less Than Significant Impact. There are no private or public airstrips in the Project vicinity. The William Robert Johnson Municipal Airport is located approximately 14 miles to the northwest of the proposed Project site, in the City of Mendota. Thus, any impacts are less than significant.

Mitigation Measures: None are required.
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact. The Project has been designed for adequate emergency access and has been reviewed by the City to ensure compliance with City safety policies. The internal roadways would be designed with sufficient clearances for emergency vehicles to access the entire site. Therefore, the Project would not impair or physically interfere with an adopted emergency response plan or emergency evacuation plan. Any impacts are less than significant.

Mitigation Measures: None are required.
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g) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
No Impact. The site is within the City of San Joaquin and is completely surrounded by developed urban uses. The site is currently vacant. There are no wildlands on or near the Project site. There is no impact.

Mitigation Measures: None are required.
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X. HYDROLOGY AND WATER

QUALITY
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface or
ground water quality?
b. Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
c. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:
i. Result in substantial erosion or
siltation on- or off- site;
ii. substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
offsite;
iii. create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater drainage
systems or provide substantial additional
sources of polluted runoff; or
iv. impede or redirect flood flows?
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X. HYDROLOGY AND WATER

QUALITY
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
d. In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
e. Conflict with or obstruct implementation
of a water quality control plan or
sustainable groundwater management
plan?

ENVIRONMENTAL SETTING
The City of San Joaquin’s water system includes three active water wells (two running and one inactive) that have a theoretical pumping capacity of 3,500 gallons per minute. Well No. 3 at the City Corporation Yard (built in 1968), Well No. 4 at Main and California Streets (built in 1978) and Well No. 5 at Cherry Lane (built in 2006) supply water through the water distribution lines. The City has no water storage capacity. The City’s Water Master Plan includes a total of six wells at build-out of the General Plan.9 The City’s wells and water distribution system were constructed in 1920, upon City incorporation. Much of this original system exists in the older parts of town. The existing pipelines in these areas have become obsolete with age and are typically characterized by leaks, corrosion, and build-up. The pipes that are more than 40 years old have developed build-ups, which impede the water flow.10The existing water pipe in the vicinity of the proposed Project; however, has been recently replaced and is functioning at designed capacity.11 Water consumption in 2009 was approximately 0.705 mgd or 489 gallons per minute (gpm).12
9 City of San Joaquin General Plan, Setting – 2.2.2. Page 2-5. https://cityofsanjoaquin.org/home/general-plan/. Accessed August 2024. 10 City of San Joaquin General Plan. Section 2.2.2 – Municipal Water System. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://cityofsanjoaquin.org/wp-content/uploads/2023/09/Draft-EIR-Complete.pdf. Accessed August 2024.
11Ibid.
12 City of San Joaquin General Plan, Setting – 2.2.2. Page 2-5. https://cityofsanjoaquin.org/home/general-plan/. Accessed August 2024. 233
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RESPONSES
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less Than Significant Impact. The proposed Project site is currently vacant. Grading, excavation and loading activities associated with construction activities could temporarily increase runoff, erosion, and sedimentation. Construction activities also could result in soil compaction and wind erosion effects that could adversely affect soils and reduce the revegetation potential at construction sites and staging areas.

Three general sources of potential short-term construction-related stormwater pollution associated with the proposed project are: 1) the handling, storage, and disposal of construction materials containing pollutants; 2) the maintenance and operation of construction equipment; and 3) earth moving activities which, when not controlled, may generate soil erosion and transportation, via storm runoff or mechanical equipment. Generally, routine safety precautions for handling and storing construction materials may effectively mitigate the potential pollution of stormwater by these materials. These same types of common sense, “good housekeeping” procedures can be extended to non-hazardous stormwater pollutants such as sawdust and other solid wastes.

Poorly maintained vehicles and heavy equipment leaking fuel, oil, antifreeze, or other fluids on the construction site are also common sources of stormwater pollution and soil contamination. In addition, grading activities can greatly increase erosion processes. Two general strategies are recommended to prevent construction silt from entering local storm drains. First, erosion control procedures should be implemented for those areas that must be exposed. Secondly, the area should be secured to control offsite migration of pollutants. These Best Management Practices (BMPs) would be required in theStormwater Pollution Prevention Plan (SWPPP) to be prepared priorto commencement of Project construction. When properly designed and implemented, these “good-housekeeping” practices are expected to reduce shortterm construction-related impacts to less than significant.

In accordance with the National Pollution Discharge Elimination System (NPDES) Stormwater Program, the Project would be required to comply with existing regulatory requirements to prepare a SWPPP designed to control erosion and the loss of topsoil to the extent practicable using BMPs that the Regional Water Quality Control Board (RWQCB) has deemed effective in controlling erosion, sedimentation, runoff during construction activities. The specific controls are subject to review and approval by the RWQCB and are an existing regulatory requirement.

The City of San Joaquin would provide water to the Project site and the Project would be required to tie into the City’s existing water service infrastructure and any required infrastructure improvements, upon approval of the Project. The Project would comply with all City ordinances and standards to assure 234
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proper grading and drainage. Compliance with all local, state, and federal regulations would prevent violation of water quality standards or waste discharge requirements. The Project would be required to prepare a grading and drainage plan for review and approval by the City Engineer prior to issuance of building permits, which would ensure compliance with applicable regulations. Therefore, any impacts would be less than significant.

Mitigation Measures: None are required.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less Than Significant Impact. Project implementation would result in an increased demand for water.

The City of San Joaquin relies on groundwater as its sole water supply source. The City currently operates three water wells that have a theoretical pumping capacity of 3,500 gallons per minute. Well No. 3 at the City Corporation Yard (built in 1968), Well No. 4 at Main and California Streets (built in 1978) and Well No. 5 at Cherry Lane (built in 2006) supply water through the water distribution line. The City has virtually no water storage capacity.13
The City of San Joaquin Water Master Plan (WMP) was developed to define the existing (1995) water supply network, determine future water supply needs, develop and upgrade the existing water system to meet future needs, and to develop a capital improvement program. The WMP recommends construction of 12-inch main lines in Manning Avenue and Colusa Avenue, a 10-inch main in Manning Avenue, an 8-inch main in Fifth Street, a 6-inch main in Nevada Avenue, an additional emergency power generator at Well 4, and construction of a new well and pump in the City. 14 With implementation of the projects and management actions identified in the WMP, the City’s groundwater supplies are anticipated to be sustainable and available to meet the projected demands of its Public Water System service area.

Additionally, a Water Capacity Assessment for the City of San Joaquin was prepared in 2021 which demonstrates that the City can supply the daily demand of 1,198 additional households with the existing water supply sources. The City Manager confirmed that the 2021 conditions have not changed and the City does have capacity for 44 additional housing units.15 13 City of San Joaquin General Plan, Setting – 2.2.2. Page 2-5. https://cityofsanjoaquin.org/home/general-plan/. Accessed August 2024. 14 Ibid. Public Facilities and Services Element, Page 12-1. 15 Email Communication with Elizabeth Cabrera, City Manager, on 8/21/2024. 235
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The site is currently designated for urban uses in the General Plan and as such, water use at the site has been accounted for in the City’s planning documents. Project demands for groundwater resources would not substantially deplete groundwater supplies and/or otherwise interfere with groundwater recharge efforts being implemented by the City of San Joaquin16. Future demand can be met with continued groundwater pumping and conservation measures. Additionally, compliance with existing State regulations would ensure that impacts to groundwater supply would be less than significant.

Mitigation Measures: None are required.
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. result in substantial erosion or siltation on- or offsite; ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv. impede or redirect flood flows?
Less Than Significant Impact. Surrounding the proposed Project are Main Street, agricultural fields, and single-family residences to the north; Arizona Avenue, walnut orchards and single-family residences to the south; walnut orchards to the east; and single-family residences to the west.

The proposed Project would change drainage patterns of the site through the installation of impervious surfaces and structures (houses, driveways, streets, etc.) and would require grading to facilitate proper stormwater drainage and connection to existing stormwater facilities. Operational stormwater will be routed to the California Avenue Basin. The City has reviewed the Project site and grading plan and has determined that the California Avenue Basin has the capacity for Project implementation. Stormwater 16 City of San Joaquin General Plan Update and SOI Expansion Draft EIR. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://cityofsanjoaquin.org/wp-content/uploads/2023/09/Draft-EIR-Complete.pdf . Page 3.9-7.

Accessed August 2024.
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during construction would be managed as part of the Storm Water Pollution Prevention Plan (SWPPP).

A copy of the SWPPP would be retained on-site during construction.

The proposed Project site is located outside of any Flood Zone or Special Flood Hazard Areas, as indicated by FEMA flood hazard map 06019C2550H, effective 2/18/2009. The proposed development would be built in accordance with the current City ordinances and California Building Code regarding construction outside of flood zones. The Project would be designed for adequate storm drainage.

Accordingly, the chance of flooding (and therefore the release of pollutants due to flooding) at the site is remote. Impacts are less than significant.

Mitigation Measures: None are required.
d) In flood hazard, tsunami or seiche zones, risk release of pollutants due to project inundation? No Impact. As discussed in Impact X(c), the proposed Project site is located outside of any Flood Zone or Special Flood Hazard Areas.

There are also no inland water bodies that could potentially impact the Project that are susceptible to a seiche The Project site is more than 100 miles from the Pacific Ocean, a condition that precludes the possibility of inundation by tsunami. There are no steep slopes that would be susceptible to a mudflow in the Project vicinity, nor are there any volcanically active features that could produce a mudflow in the City of San Joaquin. There would be no impacts.

Mitigation Measures: None are required.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
No Impact. The Project would not conflict with any water quality control plans or sustainable groundwater management plan. However, as mentioned in Section c., all new development within the City of San Joaquin Planning Area must conform to standards and plans contained in the San Joaquin Stormwater Drainage Master Plan. By conforming to all standards and policies as outlined, there would be no impacts associated with the Project.

Mitigation Measures: None are required.
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XI. LAND USE AND PLANNING
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Physically divide an established
community?
b. Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?

ENVIRONMENTAL SETTING
The proposed Project site is located in northeastern San Joaquin, inside the City limits, east of the corner of Main Street and Arizona Avenue. The City lies in the Central San Joaquin Valley region, in the central portion of Fresno County. The City is approximately 8.5 miles south of State Route (SR) 180 and 5.5 miles northwest of SR 145. The proposed Project includes development of 44 duplex units on an approximately

5.06-acre site. Entitlements needed to accommodate the proposed Project include a General Plan Amendment, Zone Change, and a Text Amendment to the City of San Joaquin Zoning Ordinance. The Project applicant proposes a Zone Change from R-1 (Single-family Residential) to R-2 (Multi-Family Residential) and a General Plan Amendment converting Low Density Residential to Medium Density Residential. Additionally, the applicant requests approval of a Text Amendment to the City of San Joaquin Zoning Ordinance. Part 6, R-2 Multi-Family Residential Zoning; Section 154.006.03 Development Standards currently require a minimum side yard of 10 feet to the adjoining Lot when a “0” lot line development is proposed. As part of the Project, the text would be amended to state when a zero “0” lot line development with a duplex building, defined under Section 154.003.01 Definitions of the City of San Joaquin Zoning Ordinance, the interior zero lot line shall divide a 1” air space equally between two fire rated walls dividing the duplex into two single family residential units, the opposite side yard shall provide for a minimum setback of 5 feet, resulting in a minimum 10 feet between buildings on the adjoining lot as intended by the current development standards.

RESPONSES
a) Physically divide an established community?
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The Project includes the development of 44 residential units within the City of San Joaquin. The proposed Project is located east of the developed portion of the City, is designated and zoned for residential development, and would extend existing residential development further east. The proposed development has no characteristics that would physically divide the City of San Joaquin and would serve as a natural extension of the existing urban development. Any impacts would be less than significant. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General Plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact.

Surrounding the proposed Project are Main Street, agricultural fields, and single-family residences to the north; Arizona Avenue, walnut orchards and single-family residences to the south; walnut orchards to the east; and single-family residences to the west. Upon approval of the Project required entitlements, including a General Plan Amendment, Zone Change, and a Text Amendment to the City of San Joaquin Zoning Ordinance , the project would not conflict with any applicable land use plans, policies or regulations and would comply with the City of San Joaquin’s General Plan.

Mitigation Measures: None are required.
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XII. MINERAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Result in the loss of availability of a
known mineral resource that would be of
value to the region and the residents of
the state?
b. Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?

ENVIRONMENTAL SETTING
Fresno County has been a leading producer of minerals because of the abundance and wide variety of mineral resources that are present in the county. Extracted resources include aggregate products (sand and gravel), fossil fuels (oil and coal), metals (chromite, copper, gold, mercury, and tungsten), and other minerals used in construction or industrial applications (asbestos, high-grade clay, diatomite, granite, gypsum, and limestone). Aggregate and petroleum are the county’s most significant extractive resources and play an important role in maintaining the county’s overall economy.17

RESPONSES
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 17 Fresno County General Plan October 2000, Open Space and Conservation Element. Page 5-9. https://www.fresnocountyca.gov/files/sharedassets/county/v/1/vision-files/files/18117-2000-general-plan-policy-document.pdf. Accessed August 2024.
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No Impact. There are no known mineral resources in the proposed Project area and the site is not included in a State-classified mineral resource zones. No mineral resource locations are within the vicinity of the City of San Joaquin.18 Therefore, there is no impact.

Mitigation Measures: None are required.
18 Fresno County General Plan Update Background Report, October 2000. Chapter 7: Natural Resources, Figure 7-13. https://www.fresnocountyca.gov/files/sharedassets/county/v/1/vision-files/files/8398-background_report_june04.pdf. Accessed August 2024. 241
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XIII. NOISE
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Generation of a substantial temporary or
permanent increase in ambient noise
levels in the vicinity of the project in
excess of standards established in the local
general plan or noise ordinance, or
applicable standards of other agencies?
b. Generation of excessive groundborne
vibration or groundborne noise levels?
c. For a project located within the vicinity of
a private airstrip or an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?

ENVIRONMENTAL SETTING
Noise is often described as unwanted sound. Although sound can be easily measured, the perception of noise and the physical response to sound complicate the analysis of its impact on people. The City of San Joaquin is impacted by a multitude of noise sources. Principal noise sources include traffic on roadways, agricultural noise and industrial noise. Mobile sources of noise, especially cars and trucks, are the most common and significant sources of noise in most communities, and they are predominant sources of noise in the City. The Project site is located in an area with a mix of uses. The predominant noise sources in the Project area include traffic on local roadways, residential noise (lawn mowers, audio equipment, voices, etc.), and potential noise from the nearby agricultural land uses. 242
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RESPONSES
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
b) Generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact.

Short‐term (Construction) Noise Impacts
Proposed Project construction related activities would involve temporary noise sources. Typical construction-related equipment includes graders, trenchers, small tractors and excavators. During the proposed Project construction, noise from construction related activities would contribute to the noise environment in the immediate vicinity. Table 7 indicates the anticipated noise levels of the typical construction-related equipment (i.e., graders, trenchers, tractors) based on a distance of 50-feet between the equipment and the sensitive noise receptor.19
Table 7: Typical Construction Noise Levels
Equipment Typical Noise Level
(dBA) 50 ft from Source
Air Compressor 80
Backhoe 80
Compactor 82
Concrete Mixer 85
Dozer 85
Generator 82
Grader 85
Jack Hammer 88
Loader 85
Paver 85
Truck 84
19 The Noise and Vibration Impact Assessment Manual, Federal Transit Administration, U.S. Department of Transportation. Table 7-1.

September 2018. https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-and-vibration-impactassessment-manual-fta-report-no-0123_0.pdf.. Accessed August 2024. 243
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The distinction between short-term construction noise impacts and long-term operational noise impacts is a typical one in both CEQA documents and local noise ordinances, which generally recognize the reality that short-term noise from construction is inevitable and cannot be mitigated beyond a certain level. Thus, local agencies frequently tolerate short-term noise at levels that they would not accept for permanent noise sources. A more severe approach would be impractical and might preclude the kind of construction activities that are to be expected from time to time in urban environments. Most residents of urban areas recognize this reality and expect to hear construction activities on occasion.

Long‐term (Operational) Noise Impacts
The primary source of on-going noise generated by the Project would be from vehicles traveling on internal access roads and from traffic traveling along Main Street and Arizona Avenue. Project implementation would result in an increase in traffic on some roadways in the Project area. However, the relatively low number of new trips associated with the Project is not likely to increase the ambient noise levels by a significant amount. The area is active with vehicles, residential housing, and agricultural land uses, so the proposed Project would not introduce a new significant source of noise that isn’t already occurring in the area.

Vibration Levels
Typical outdoor sources of perceptible ground borne vibration are construction equipment, steelwheeled trains, and traffic on rough roads. Construction vibrations can be transient, random, or continuous. Construction associated with the proposed Project includes construction of 44 duplex units and the associated improvements. The site construction would also include internal access roads, street lighting, site landscaping and additional related improvements.

The approximate threshold of vibration perception is 65 VdB, while 85 VdB is the vibration acceptable only if there are an infrequent number of events per day. Table 8 describes the typical construction equipment vibration levels.20
Table 8: Typical Construction Vibration Levels
Equipment VdB at 25 ft
Small Bulldozer 58
Jackhammer 79
20 Ibid.
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Vibration from construction activities would be temporary and not exceed the Federal Transit Administration (FTA) threshold for the nearest rural residences, which are located south and west of the corner of Main Street and Arizona Avenue.

Therefore, the impact is considered less than significant.

Mitigation Measures: None are required.
c) For a project located within the vicinity of a private airstrip or an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The Project is not located within the vicinity of an airport land use plan, and the City of San Joaquin does not contain an airport or airstrip. Therefore, there is no impact.

Mitigation Measures: None are required.
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XIV. POPULATION AND HOUSING
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Induce substantial population growth in
an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension
of roads or other infrastructure)?
b. Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?

ENVIRONMENTAL SETTING
San Joaquin’s population has exhibited a slight decrease since 2010. The population in 2010 was 4,00121, while the population as of January 2024 was 3,616.22 This represents an approximate decrease of 9.6%.

Estimates for 2024 shows that the City has 937 housing units with an average of 4.0 people per household.23

RESPONSES
a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?
Less Than Significant Impacts. There would be 44 new homes associated with the proposed Project and the site is currently vacant. Based on data regarding persons per dwelling, the site would provide 21 City of San Joaquin General Plan Update Background Report, October 2006. Page 4-1. 22 E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2024. California Department of Finance, January 2024. https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing-estimates-for-cities-counties-and-the-state-2020-2024/.

Accessed August 2024.
23 Ibid.
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additional housing for approximately 176 people. This is a relatively small population and is not expected to affect any regional population, housing or employment projections anticipated by City documents.

The site is within the eastern City limits of San Joaquin and is currently designated as low-density residential (1 – 8 units/acre) by the City’s General Plan, which could accommodate approximately 40 units (8 units/acre x 5.06 acres). As part of the Project, the land use designation would be changed to medium-density residential which has a potential buildout of 8-20 units/acre, which could potentially accommodate approximately 101 units (20 units/acre x 5.06 acres). The Project is proposing 44 units, which is 4 units greater than what was anticipated in the General Plan, which would increase the population by an additional 16 people over what was accounted for. This unplanned population increase is minor in nature and can be accommodated by the City. Entitlements needed to accommodate the proposed Project include a General Plan Amendment, Zone Change, and a text amendment to the Zoning Ordinance to allow for decreased setbacks and a site plan review.

The City of San Joaquin’s primary industry is agriculture, but there is sufficient labor force in the area to support many other types of industries. The unemployment rate in Fresno County as of June, 2024 is

7.7%24, which is above the national rate of 4.3%.25 As such, it is reasonable to assume that the construction demand generated by Project implementation would be fulfilled by the local workforce. In conclusion, the Project implementation would not displace substantial numbers of people and instead provide needed housing. Any impacts are considered less than significant.

Mitigation Measures: None are required.
24 State of California Employment Development Department. Fresno County Profile. https://labormarketinfo.edd.ca.gov/cgi/dataBrowsing/localAreaProfileQSResults.asp?state=true&selectedarea=Fresno%20County%20%20%20 %20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20 %20%20%20%20%20%20%20%20%20%20&menuChoice=localAreaPro&geogArea=0604000019. Accessed August 2024. 25 U.S. Department of Labor. Bureau of Labor Statistics. July 2024. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.bls.gov/news.release/pdf/empsit.pdf. Accessed August 2024. 247
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XV. PUBLIC SERVICES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?

ENVIRONMENTAL SETTING
CAL FIRE provides fire protection for the City with a station located in the community of Tranquillity, approximately four miles northwest of the City. Average response time is 13.9 minutes. Structures within the City generally receive a rating of six on the Insurance Services Office (ISO) Fire Protection Rating Scale.26
Police protection services are provided by the Fresno Couty Sheriff with a satellite Office in the City which is located at 21925 Manning Avenue, approximately 0.6 miles southwest of the Project site. This 26 City of San Joaquin General Plan, July 2014. Setting, Page 2-8. 248
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office is used for shift changes and has no public access. The patrol area covers over 2,400 square miles of western Fresno County. Services available at this station include patrol and detective services, youth services, crime prevention, and community policing initiatives. Current contracts provide for 10 hours of police services daily, which equates to approximately 0.8 full-time equivalent officers or 0.22 officers per 1,000 residents.27
Educational services are provided by the Golden Plains Unified School District. The School District operates four elementary schools and one high school (9-12). The high school is located approximately four miles northwest in the community of Tranquillity. The elementary schools are located in the communities of Cantua, Helm, Tranquillity and within the City of San Joaquin. San Joaquin Elementary School is located at 8535 9th Street and has a design capacity of 400 students. Since the 1998-99 school year, enrollment has exceeded 800 students annually, and temporary buildings have been located on the campus to address capacity needs.

RESPONSES
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

Fire protection?
Less Than Significant Impact. The Fresno County Fire Protection District provides fire protection service in the City. No additional fire equipment, personnel, or services are anticipated to be required by Project implementation, as the site has been designated and zoned for residential development. In addition, the Project applicant would be required to pay all associated impact fees related to public services. As such, any impacts are less than significant.

Police Protection?
Less Than Significant Impact. San Joaquin contracts with the Fresno County Sheriff’s Office for law enforcement services. Implementation of the proposed Project would result in an increase in demand for police services; however, this increase would be minimal and would not trigger the need for new or physically altered police facilities. No additional police personnel or equipment is anticipated. In 27 Ibid.
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addition, each home would be assessed a public safety impact fee by the City that is used to make capital improvements for the Police Department. Impacts are less than significant.

Schools?
Less Than Significant Impact. Since the proposed Project includes the addition of approximately 44 residential duplex units, the number of students in the school district would increase. New development projects are required by state law to pay development impact fees to the school districts at the time of building permit issuance. These impact fees are used by the school districts to maintain existing and develop new facilities, as needed.

While development of the 44 residential units alone is not expected to require the alteration of existing schools or construction of new school facilities, the development would contribute to the cumulative need for increased school facilities. The timing of when new school facilities would be required or details about size and location cannot be known until such facilities are planned and proposed, and any attempt to analyze impacts to a potential future facility would be speculative. As the future new school facilities are further planned and developed, they would be subject to their own separate CEQA environmental review in order to identify and mitigate any potential environmental impacts. Therefore, the impact is less than significant.

Parks?
Less Than Significant Impact. The closest park to the proposed Project is the San Joaquin Sports Park located approximately 0.3 miles northwest and the Peter Rusconi Park located approximately 0.5 miles southwest. The Project would be required to pay City Park facility impact fees to compensate for any service demand increase on existing parks within the San Joaquin area. The Project applicant would be required to comply with the Municipal Code and Ordinances. Impacts are less than significant.

Other public facilities?
Less Than Significant Impact. The proposed Project is within the land use and growth projections identified in the City’s General Plan and other infrastructure studies. The Project, therefore, would not result in increased demand for, or impacts on, other public facilities such as library services. Any impacts would be less than significant.

Mitigation Measures: None are required.
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XVI. RECREATION
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
b. Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?

ENVIRONMENTAL SETTING
There are three parks within the City of San Joaquin; Peter Rusconi Park, San Joaquin Sports Park and the San Joaquin Elementary School playground. The first two parks are managed by the City of San Joaquin’s Parks and Community Services Department. This department also supervises and coordinates a wide variety of community programs and activities.

RESPONSES
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less Than Significant Impact. The Project Applicant intends to develop 44 duplex units on an approximately 5.06-acre site. The site is currently inside the eastern City limits of San Joaquin. To accommodate this Project, the City would need to approve a General Plan Amendment, Zone Change, and Text Amendment to the City of San Joaquin Zoning Ordinance. However, the increase of approximately 176 persons resulting from the Project would have a relatively small impact on existing 251
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recreational facilities. In order to implement the goals and objectives of the City’s General Plan, and to mitigate the impacts caused by future development in the City, park facilities must be constructed. The City Council has determined that a Park Facilities Impact Fee is warranted in order to finance these public facilities and to pay for each development’s fair share of the construction and acquisition costs. The Project Applicant would be required to pay development impact fees as determined by the City of San Joaquin’s impact fees. Therefore, impacts are considered less than significant impacts.

Mitigation Measures: None are required.
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XVII. TRANSPORTATION/TRAFFIC
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Conflict with a program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
b. Would the project conflict or be inconsistent
with CEQA Guidelines section 15064.3,
subdivision (b)?
c. Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
d. Result in inadequate emergency access?

ENVIRONMENTAL SETTING
The City is bisected by two main thoroughfares – Colorado Avenue, which bisects the City from northwest to southeast and Manning Avenue which crosses the City from west to east. The downtown is designed in a traditional grid pattern, but the rest of the City is laid out in a mixture of loops and culde-sacs. Proposed Project access would be from Main Street and Arizona Avenue. Main Street is considered a collector street and runs perpendicular to Colorado Avenue and connects with Manning Avenue. It collects traffic from several local neighborhoods near downtown and the west side of the City.

Arizona Avenue is a local street with a primary function of allowing users to access the desired land use.

Local streets are designed for low speeds to maintain safe, quiet neighborhoods and to enable motorists to easily find their destinations. The City has established a minimum Level of Service of D for intersections and roadways.28
28 City of San Joaquin. General Plan Background Report. June 2011. Chapter 5 – Circulation. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://cityofsanjoaquin.org/wp-content/uploads/2023/09/San-Joaquin-BackgroundReport.pdf. Page 63. Accessed August 2024. 253
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The City of San Joaquin is a member of the Fresno County Rural Transit Agency (FCRTA). The Joint Powers Agency is composed of the 13 rural incorporated cities and the County of Fresno. FCRTA is responsible for overall coordination of intra-city and inter-city service for the rural public transit services.

Under an inter-agency agreement with the City of San Joaquin, the FCRTA contracts with the Fresno County Economic Opportunities Commission (FCEOC) as the Rural Consolidated Transportation Service Agency (Rural CTSA). This Contract provides a publicly operated demand response wheelchair accessible transit service, Monday through Friday from 8:00 a.m. to 5:00 p.m. The Rural CTSA provides the Westside Corridor Service to Kerman and Fresno. The Westside Corridor Service is a wheelchair equipped service offered weekdays from 8:00 a.m. to 5:00 p.m.29 There are currently very few bicycle and pedestrian facilities within the City of San Joaquin. There are

14.7 miles of sidewalks and two miles of bikeways within the City. There is a Class II Bike Lane on Main Street immediately southwest of the Project site. Another 1.9 miles of sidewalk and 5.9 miles of bike paths are planned for the City of San Joaquin in the 2024 Fresno County Regional Active Transportation Plan.30 Additionally, the City requires all new developments to provide sidewalks and crosswalks, where needed.

RESPONSES
a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Less Than Significant Impact. As discussed in Section XIV, the Project includes the addition of up to 176 new residents. This additional number of people is not expected to disrupt or impede existing or planned bicycle or pedestrian services. The proposed Project would not require any changes to existing transportation systems and would have no impact on any plans, ordinances, or policies related to the effectiveness or performance of transit, pedestrian and bicycle facilities. The Project would comply with all applicable City development standards. Any impacts are considered less than significant..

Mitigation Measures: None are required.
29 City of San Joaquin General Plan, July 2014. Transportation and Circulation, Page 5-4 and -5. 30 Fresno County Regional Active Transportation Plan. Page 14-8. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.fresnocog.org/wp-content/uploads/2024/06/14_FresnoRegATPReport_SanJoaquin.pdf. Accessed August 2024. 254
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b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Less Than Significant Impact. Senate Bill (SB) 743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as vehicle miles traveled (VMT) instead of Level of Service (LOS). VMT measures how much actual auto travel (additional miles driven) a proposed project would create on California roads. If the project adds excessive car travel onto our roads, the project may cause a significant transportation impact.

The State CEQA Guidelines were amended to implement SB 743, by adding Section 15064.3. Among its provisions, Section 15064.3 confirms that, except with respect to transportation projects, a project’s effect on automobile delay shall not constitute a significant environmental impact. Therefore, LOS measures of impacts on traffic facilities is no longer a relevant CEQA criteria for transportation impacts.

CEQA Guidelines Section 15064.3(b)(4) states that “[a] lead agency has discretion to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled, and may revise those estimates to reflect professional judgment based on substantial evidence.

Any assumptions used to estimate used to estimate vehicle miles traveled and any revision to model outputs should be documented and explained in the environmental document prepared for the project.

The standard of adequacy in Section 15151 shall apply to the analysis described in this section.” VMT significant screening criteria are outlined in the Fresno COG SB 743 Regional Guidelines31 and a project is considered less than significant if it meets a series of criteria, including being considered a ‘low trip generator’, which means generating less than 500 daily trips. In evaluating traffic generation for the project, using the CalEEMod Version 2022.1.1.26, the proposed Project in this area would generate 415 weekday trips, with 9.55 trips per unit on Saturdays and 8.55 trips per unit on Sundays. Since the proposed Project would generate less than 500 daily trips, it is considered a ‘low trip generator’ and would have less than significant impacts in regards to VMT.

Mitigation Measures: None are required.
31 Fresno Council of Governments. Fresno County SB 743 Implementation Regional Guidelines. July 2020. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://fresnocog.wpenginepowered.com/wp-content/uploads/2020/07/Fresno-COG-VMTReport-1.pdf. Accessed August 2024. 255
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c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. The proposed Project has been designed for ease of access, adequate circulation/movement, and is typical of residential developments in the City of San Joaquin. On-site circulation patterns do not involve high speeds, sharp curves or dangerous intersections. Although there would be an increase in the volume of vehicles accessing the site and surrounding areas, the proposed Project would not present a substantial increase in hazards. Any impacts are considered less than significant.

Mitigation Measures: None are required.
d) Result in inadequate emergency access?
Less Than Significant Impact. The proposed Project does not involve a change to any emergency response plan. As currently planned, access to and from the Project site would be from two points along Main Street, by connecting to the internal roads Sanders and Christopher streets that are connected by 11th Street to form a U-shaped internal circulation pattern and from Arizona Avenue connecting to Main Street. All roads are to be built to City standards. Therefore, the site would remain accessible to emergency vehicles of all sizes. As such, potential impacts are less than significant.

Mitigation Measures: None are required.
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XVIII. TRIBAL CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Cause a substantial adverse change in the
significance of a tribal cultural resource,
defined in Public Resources Code section
21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of
the landscape, sacred place, or object with
cultural value to a California Native
American tribe, and that is:
i. Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
Public Resources Code section
5020.1(k), or
ii. A resource determined by the lead
agency, in its discretion and
supported by substantial evidence, to
be significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code section 5024.1. In
applying the criteria set forth in
subdivision (c) of the Public
Resources Code section 5024.1, the
lead agency shall consider the
significance of the resource to a
California Native American tribe.
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RESPONSES
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i)Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Less Than Significant Impact. In accordance with Assembly Bill (AB) 52 and Senate Bill (SB) 18, potentially affected Tribes were formally notified of this Project and were given the opportunity to request consultation on the Project. The City contacted the Native American Heritage Commission, requesting a contact list of applicable Native American Tribes, which was provided to the City. On September 23, 2024, the City provided letters to the tribes below notifying them of the Project and requesting consultation, if desired.
• Amah Mutsun Tribal Band
• Kitanemuk & Yowlumne Tejon Indians
• Northern Valley Yokut / Ohlone Tribe
• Santa Rosa Rancheria Tachi Yokut Tribe
• Table Mountain Rancheria
• Tule River Indian Tribe
• Wuksachi Indian Tribe / Eshom Valley Band
The City has not received any responses from the tribes contacted as of publication of this document; however, should Tribal Consultation be requested during the review time allotted, the City will accommodate such requests. This is a less than significant impact.

Mitigation Measures: None are required.
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XIX. UTILITIES AND SERVICE SYSTEMS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
b. Have sufficient water supplies available to
serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
c. Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it has
adequate capacity to serve the project’s
projected demand in addition to the
provider’s existing commitments?
d. Generate solid waste in excess of State or
local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals?
e. Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
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ENVIRONMENTAL SETTING
The City of San Joaquin provides water, wastewater, stormwater drainage and contracts with a refuse collector to serve its residents. San Joaquin’s water supply consists entirely of groundwater and no water is purchased from other sources or purveyors. The groundwater supply serves all users within the City, including residential, commercial, and industrial uses. The City’s wells and water distribution system were constructed in 1920, upon City incorporation. Much of this original system exists in the older parts of town; however, the infrastructure in the proposed Project vicinity has been replaced within the last decade.

The City owns and operates a sewage wastewater treatment plant (WWTP) located on the south side of Manning Avenue, just east of the Fresno Slough. The WWTP provides primary and secondary treatment of wastewater. Existing stormwater drainage lines consist of lines along Main Street to the west of the City and along Colorado Avenue to the irrigation ditches north and west of the City limits.

Refuse collection for the City is provided by a private carrier under contract with the City. The American Avenue Landfill, owned and operated by Fresno County, is located just over five miles northeast of the City on American Avenue and serves San Joaquin as well as surrounding communities and incorporated areas.

Pacific Gas & Electric (PG&E) provides gas and electricity to the City of San Joaquin.

RESPONSES
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less than Significant Impact. The Project site is located within the service territory of the City of San Joaquin and is currently designated for urban development in the City of San Joaquin General Plan. Operational discharge flows treated at the City’s WWTP would be required to comply with applicable water discharge requirements issued by the Central Valley Regional Water Quality Control Board (RWQCB). Compliance with conditions or permit requirements established by the City as well as water discharge requirements outlined by the Central Valley RWQCB would ensure that wastewater discharges coming from the proposed Project site and treated by the WWTP system would not exceed applicable Central Valley RWQCB wastewater treatment requirements.

As discussed in Section X, Hydrology and Water Quality, with an increase in the area of impervious surfaces on the Project site, an increase in the amount of storm water runoff is anticipated. The site would 260
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be designed so that storm water is collected and deposited in the City’s existing California Avenue Basin, which has been designed to accommodate site development. Storm water during construction would be managed as part of the Storm Water Pollution Prevention Plan (SWPPP). A copy of the SWPPP is retained on-site during construction. Thus, the proposed Project would have a less than significant impact.

Mitigation Measures: None are required.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
Less Than Significant Impact. Water service would be provided to the Project by the City of San Joaquin.

The City of San Joaquin’s water system includes three active water wells (two running and one inactive) that have a theoretical pumping capacity of 3,500 gallons per minute. Well No. 3 at the City Corporation Yard (built in 1968), Well No. 4 at Main and California Streets (built in 1978) and Well No. 5 at Cherry Lane (built in 2006) supply water through the water distribution lines. The City has no water storage capacity. The City’s Water Master Plan includes a total of six wells at build-out of the General Plan.32 The City anticipates that its sources of supplies would be available to meet demands on a consistent basis for all year types, as the site is within the adopted Sphere of Influence and has been included in the City’s infrastructure planning documentation. The proposed development would be required to follow the City’s General Plan and Zoning Ordinances which include land use goals, policies, and implementation measures for developments regarding water use. The Project developer would also be required to pay the City of San Joaquin’s water system impact fees. Funds accrued under this fee are used to make capital improvements to the City’s water system, including conservation improvements, additional well construction and water storage facilities. Impacts are less than significant impact.

Mitigation Measures: None are required.
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less Than Significant Impact. The proposed Project would result in wastewater from residential units that would be discharged into the City’s existing wastewater treatment system. The wastewater would 32 City of San Joaquin General Plan, Setting – 2.2.2. Page 2-5. https://cityofsanjoaquin.org/home/general-plan/. Accessed August 2024. 261
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be typical of other residential developments consisting of bathrooms, kitchen drains, and other similar features. The Project would not discharge any unusual or atypical wastewater that would violate the City’s waste discharge requirements.

Additionally, a Sewer Capacity Assessment for the City of San Joaquin was prepared in 2021 which demonstrates that the City can support an additional 754 dwelling units without any upgrades to the existing wastewater treatment facility. The City Manager confirmed that the 2021 conditions have not changed, and the City does have capacity for 44 additional housing units.33 Therefore, assuming compliance with applicable standards and payment of required impact fees and connection charges, the Project would not result in a significant impact related to construction or expansions of existing wastewater treatment facilities. The impact of the Project on wastewater treatment is less than significant.

Mitigation Measures: None are required.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. The City of San Joaquin, through a private contractor, provides weekly curbside solid waste collection services to all households, businesses, and industries within City limits.

Solid waste is taken to the American Avenue Disposal Site, which is operated by Fresno County.34 The American Avenue Disposal Site is permitted to receive up to 2,200 tons of waste per day and has an estimated lifespan to the Year 2031. Per-capita disposal rates in the City are approximately 2.8 pounds per person per day.35 As discussed in Section XIV, Population and Housing, Project development would increase the population by 16 people over what has been planned for in the General Plan. This would account for an additional 44.8 pounds (2.8 pounds per person per day x 16 people) of solid waste per day to be added to the landfill. This unplanned increase of solid waste is minor in nature and can be accommodated by the American Waste Disposal Site. Furthermore, the proposed Project would be required to comply with all standards related to solid waste diversion, reduction, and recycling during 33 Email Communication with Elizabeth Cabrera on 8/21/2024. 34 Landfill Operations, Fresno County. https://www.fresnocountyca.gov/Departments/Public-Works-and-Planning/divisions-of-public-worksand-planning/resources-and-parks-division/landfill-operations. Accessed August 2024. e City of San Joaquin General Plan Update and SOI Expansion Draft EIR. Page 3.17-7. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://cityofsanjoaquin.org/wp-content/uploads/2023/09/Draft-EIR-Complete.pdf. Accessed August 2024.
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Project construction and operation. The Project is not expected to generate an excess of solid waste beyond what is considered typical of residential land uses. The proposed Project would comply with all federal, state and local statutes and regulations related to solid waste. As such, any impacts would be less than significant.

Mitigation Measures: None are required.
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XX. WILDFIRE
If located in or near state responsibility
areas or lands classified as very high fire
hazard severity zones, would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Substantially impair an adopted emergency
response plan or emergency evacuation
plan?
b. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to,
pollutant concentrations from a wildfire or
the uncontrolled spread of a wildfire?
c. Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power
lines or other utilities) that may exacerbate
fire risk or that may result in temporary or
ongoing impacts to the environment?
d. Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?

ENVIRONMENTAL SETTING
The City of San Joaquin’s planning area is composed of urbanized portions of land and the surrounding agricultural fields. CAL FIRE provides fire protection for the City with a station located in the community of Tranquillity, approximately four miles northwest of the City. Average response time is 13.9 minutes. 264
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Structures within the City generally receive a rating of six on the Insurance Services Office (ISO) Fire Protection Rating Scale.36
The proposed Project site’s elevation is approximately 170 feet above sea level in an area of intense urban and agricultural development. Surrounding the proposed Project are Main Street, agricultural fields, and single-family residences to the north; Arizona Avenue, walnut orchards and single-family residences to the south; walnut orchards to the east; and single-family residences to the west.

RESPONSES
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impact. The proposed Project site is approximately 16 miles northeast of the nearest State Responsibility Area (foothill area west of Interstate 5)37 and over 20 miles northeast of the nearest LRA Very High Fire Hazard Severity Zone (foothill area west of Interstate 5).38 The relatively flat Project site lies on the Valley floor and is surrounded by active agriculture and residential development. There are no forested areas, extensive grasslands, or heavily wooded areas on or near the Project site.

No roadway design features associated with this proposed Project would result in an impairment of an adopted emergency response or evacuation plan. The City has reviewed the site layout and determined that the Project provides adequate emergency access.
36 City of San Joaquin General Plan, July 2014. Setting, Page 2-8. 37 California Board of Forestry and Fire Protection. State Responsibility Area Viewer. e. Accessed August 2024. 38 CALFIRE Fire Hazard Severity Zones. https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazardseverity-zones. Accessed August 2024. 265
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Impacts associated with Project development would have no impact related to wildfires given the distance the proposed Project is from the closest State Responsibility Area and State Very High Fire Hazards Severity Zone and the intervening land uses between them.

Mitigation Measures: None are required.
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XXI. MANDATORY FINDINGS OF

SIGNIFICANCE
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of
California history or prehistory?
b. Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively
considerable” means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable future
projects)?
c. Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?

RESPONSES
a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of 267
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a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less Than Significant Impact With Mitigation. The analyses contained in Section IV, Biological Resources and Section V, Cultural Resources indicates that the proposed Project is not expected to have a substantial impact on the environment or on any resources identified in the Initial Study.

The biological analysis indicated that there is no potential for special status species to exist in the area, there are no wetlands, riparian or sensitive communities in the Project area, and mitigation measure BIO1 is included to reduce potential impacts to protected nesting birds to less than significant. The analysis also found that there are no recorded cultural resources within the Project area that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of Historic Resources, for the California State Historic Landmarks. Mitigation measures CUL-1 and GEO-1 are included to protect potential subsurface cultural, archaeological and paleontological resources, which would reduce any impacts to less than significant. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
Less Than Significant Impact. CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects.

The proposed Project’s impacts would be individually limited and not cumulatively considerable due to the site-specific nature of the potential impacts. The potentially significant impacts that can be reduced to less than significant levels with implementation of recommended mitigation measures include the topics of Biological Resources, Cultural Resources, Geology and Soils, and Hazards and Hazardous Materials. These impacts would primarily be related to construction-period activities, would be temporary in nature, and would not substantially contribute to any potential cumulative impacts associated with these topics. Implementation of mitigation measures BIO-1, CUL-1, GEO-1 and HAZ-1, would ensure that the impacts of the project would be below established thresholds of significance. Since the proposed Project would not result in any significant project-level impacts, the proposed Project would not result in any significant impacts that would combine with the impacts of other cumulative 268
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projects to result in a cumulatively considerable impact on the environment as a result of Project development. As such, this impact would be less than significant. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less Than Significant Impact With Mitigation. The proposed Project’s potential to result in environmental effects that could directly or indirectly impacts human beings have been evaluated in this Initial Study. Implementation of mitigation measures BIO-1, CUL-1, GEO-1 and HAZ-1 would ensure that the impacts of the Project would be below established thresholds of significance. Since the proposed Project would not result in any significant project-level impacts and with implementation of the recommended mitigation measures, all environmental effects that could adversely affect human beings directly or indirectly would be less than significant.
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LIST OF PREPARERS
Crawford & Bowen Planning, Inc.
• Emily Bowen, LEED AP, Principal Environmental Planner • Travis Crawford, AICP, Principal Environmental Planner • Caroline Gibbons, Assistant Planner
Rincon Consultants, Inc.
• Amanda Duval, Environmental Scientist
• Walt Hamann ( PG, CEG, CHG), Vice President of Environmental Services • Alana Garza, Associate Biologist
• David Daitch (Ph.D.), Program Manager/Senior Biologist • Courtney Montgomery (BA), Archaeologist
• Kyle Knabb (Ph.D., RPA), Senior Archaeologist
• Chistopher Duran (M.A., RPA), Principal/Senior Archaeologist Persons and Agencies Consulted
City of San Joaquin
• Eric VonBerg, Contract City Planner
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MITIGATION MONITORING AND REPORTING

PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for the City of San Joaquin’s Main Street Townhomes Project (proposed Project). The MMRP lists mitigation measures recommended in the IS/MND for the proposed Project and identifies monitoring and reporting requirements as well as conditions recommended by responsible agencies who commented on the project.

The first column of the Table identifies the mitigation measure. The second column, entitled “Party Responsible for Implementing Mitigation,” names the party responsible for carrying out the required action. The third column, “Implementation Timing,” identifies the time the mitigation measure should be initiated. The fourth column, “Party Responsible for Monitoring,” names the party ultimately responsible for ensuring that the mitigation measure is implemented.

The last column will be used by the City to ensure that individual mitigation measures have been monitored.
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Main Street Townhomes Project | Initial Study
Mitigation Measure
Party
responsible for
Implementing
Mitigation
Implementation
Timing
Party
responsible
for Monitoring
Verification
(name/date)
Protect Nesting Birds
BIO-1: To the extent practicable, construction shall be scheduled to avoid the nesting season, which extends from February through August. If it is not possible to schedule construction between September and January, preconstruction surveys for nesting birds shall be conducted by a qualified biologist to ensure that no active nests would be disturbed during the implementation of the Project. A preconstruction survey shall be conducted no more than 14 days prior to the initiation of construction activities. During this survey, the qualified biologist shall inspect all potential nest substrates in and immediately adjacent to the impact areas. If an active nest is found close enough to the
construction area to be disturbed by these activities, the qualified biologist shall determine the extent of a
construction-free buffer to be established around the nest.

If work cannot proceed without disturbing the nesting birds, work may need to be halted or redirected to other areas until nesting and fledging are completed or the nest has otherwise failed for non-construction related reasons.

Project
Applicant
Prior to and
during
construction
Project
Applicant /
City of San
Joaquin
Cultural Resources Protection Measures
CUL-1: Should evidence of prehistoric archeological
resources be discovered during construction, the contractor shall halt all work within 25 feet of the find and the resource shall be evaluated by a qualified archaeologist. If evidence of any archaeological, cultural, and/or historical deposits is Project
Applicant
Prior to and
during
construction
Project
Applicant
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Mitigation Measure
Party
responsible for
Implementing
Mitigation
Implementation
Timing
Party
responsible
for Monitoring
Verification
(name/date)
found, hand excavation and/or mechanical excavation
shall proceed to evaluate the deposits for determination of significance as defined by the CEQA guidelines. The
archaeologist shall submit reports, to the satisfaction of the City of San Joaquin, describing the testing program and subsequent results. These reports shall identify any program mitigation that the project proponent shall complete in order to mitigate archaeological impacts (including
resource recovery and/or avoidance testing and analysis, removal, reburial, and curation of archaeological
resources).

GEO – 1: In the event of a fossil discovery by construction personnel, the construction contractor shall halt all
construction activities within the immediate vicinity of the fossil, and a Qualified Professional Paleontologist shall be retained to evaluate the find prior to resuming construction activity. If it is determined the fossil(s) is (are) scientifically significant, the Qualified Professional Paleontologist shall complete the following conditions to mitigate impacts to significant fossil resources:
• If fossils are discovered, the Qualified Professional Paleontologist shall have the authority to halt or
temporarily divert construction equipment within
50 feet of the find until the Qualified Professional
Paleontologist evaluate the discovery and
determine if the fossil may be considered
significant. Bulk matrix sampling may be
necessary to recover small invertebrates or
microvertebrates from within paleontologically
sensitive deposits.
• Once salvaged, significant fossils shall be
identified to the lowest possible taxonomic level,
prepared to a curation-ready condition, and
Project
Applicant
Prior to and
during
construction
Project
Applicant
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Mitigation Measure
Party
responsible for
Implementing
Mitigation
Implementation
Timing
Party
responsible
for Monitoring
Verification
(name/date)
curated in a scientific institution with a permanent
paleontological collection along with all pertinent
field notes, photos, data, and maps. Fossils of
undetermined significance at the time of
collection may also warrant curation at the
discretion of the Qualified Professional
Paleontologist.
• The Qualified Professional Paleontologist shall
submit a report describing the results of the
paleontological monitoring efforts associated
with the paleontological monitoring efforts
associated with the project. The report shall
include a summary of the field and laboratory
methods, an overview of the project geology and
paleontology, a list of taxa recovered (if any), an
analysis of fossils recovered (if any) and their
scientific significance, and recommendations.

The report shall be submitted to the City for review
and approval.

Hazardous Materials Reduction Measures
HAZ-1: Soil sampling, per California Department of Toxic Substances Control (DTSC) Interim Guidance for Sampling Agricultural properties (August 7, 2008) shall be conducted to identify the amounts of OCPs in the soil. If present, OCPs requiring further analysis, per DTSC consultation, are
dichloro-diphenyl-trichloroethane, toxaphene, and dieldrin.

Should these OCPs be present, soil remediation shall be conducted until levels are reduced per DTSC guidelines
prior to issuance of grading permits. Additionally, if any level of arsenic is present, further analysis and sampling shall meet Human Health Risk Assessment NOTE NUMBER 3, DTSC-SLs
Project
Applicant
Prior to issuance
of grading
permits
City of San
Joaquin
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Mitigation Measure
Party
responsible for
Implementing
Mitigation
Implementation
Timing
Party
responsible
for Monitoring
Verification
(name/date)
approved thresholds. If arsenic levels do not meet the
approved thresholds, remedial action shall take place to reduce levels below thresholds prior to issuance of grading permits.
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