Agenda packet — Selma City Council, February 3, 2025 (part 1 of 2)

AGENDA

SELMA CITY COUNCIL

SPECIAL MEETING
February 3, 2025
4:30 p.m.

Selma City Council Chambers
1710 Tucker Street
Selma, CA 93662
Teleconference Phone Number: +1 301 715 8592
Webinar ID: 891 6864 5005 https://zoom.us/j/89168645005

WHEN ON THE PHONE, IF YOU WISH TO ADDRESS COUNCIL DURING THE PUBLIC COMMENT PORTION OF THE AGENDA, PRESS *9 TO “RAISE HAND” AND WE WILL SELECT YOU FROM THE MEETING CUE. PRESS *6 TO UNMUTE AND MUTE YOURSELF.

Notice to Meeting Attendees: All Selma City Council Meetings are video-recorded. All rules of procedure and decorum apply to in-person attendees as well as those participating virtually.

Disruptive behavior, including but not limited to verbal outbursts, personal attacks, or inappropriate gestures will not be tolerated. Attendees who fail to adhere to these guidelines will be asked to leave the meeting pursuant to Government Code Section 54957.9, which authorizes the removal of disruptive individuals.

CALL TO ORDER
ROLL CALL: Council Members Avalos, Oceguera, Trujillo, Mayor Pro Tem Guerra, and Mayor Robertson
POTENTIAL CONFLICTS OF INTEREST: Any council member who has a potential conflict of interest may now identify the item and recuse themselves from discussing and voting on the matter.

AGENDA CHANGES OR DELETIONS: To better accommodate members of the public or inconvenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed. Additions to Agenda may be added only pursuant to California Government Code Section 54954.2 (b).

CLOSED SESSION:

This item has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54956.9(d)(4). The City Attorney will provide an oral report regarding the Closed Session.

1. Government Code Section 54957.6
Conference with Labor Negotiator
Agency Designated Representative: City Manager Fernando Santillan Employee Organization: Miscellaneous Mid-Management Employees 1 2. Government Code Section 54957
Public Employee Evaluation
Title: City Manager

ADJOURNMENT
Agendas for all City Council meetings are posted at least 72 hours prior to the meeting at the Council Chambers, 1710 Tucker Street. The City of Selma complies with the Americans with Disabilities Act (ADA of 1990) and Government Code Section 54953(g) and the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can also be found on the City’s website here. Please contact the City Clerk’s Office, (559) 891-2200, to make an accommodation request, or to obtain an electronic or printed copy of the policy. 2 AGENDA

SELMA CITY COUNCIL

REGULAR MEETING
February 3, 2025
6:00 p.m.

Selma City Council Chambers
1710 Tucker Street
Selma, CA 93662
Teleconference Phone Number: +1 301 715 8592
Webinar ID: 891 6864 5005 https://zoom.us/j/89168645005

Notice to Meeting Attendees: All Selma City Council Meetings are video-recorded. All rules of procedure and decorum apply to in-person attendees as well as those participating virtually.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE
ROLL CALL: Council Members Avalos, Oceguera, Trujillo, Mayor Pro Tem Guerra, and Mayor Robertson
POTENTIAL CONFLICTS OF INTEREST: Any council member who has a potential conflict of interest may now identify the item and recuse themselves from discussing and voting on the matter.

ORAL COMMUNICATIONS
NOTICE(S) TO THE PUBLIC: At this time, any member of the public may address the City Council regarding any item on the special meeting agenda over which the Council has jurisdiction. No action or discussion will be taken on any item not on the agenda. Issues raised will be referred to the City Manager for review. Members of the public shall limit their remarks to three (3) minutes.
1 - SPECIAL PRESENTATIONS
1-1 New Employee Introductions Santillan
Webster
1-2 Measure C Update by Fresno County Transportation Authority (FCTA) Santillan 3 2 - CONSENT CALENDAR
All items listed under the consent calendar category are considered routine. The complete consent calendar will be enacted by one motion by ROLL CALL VOTE. For purposes of discussion, any Council member may have an item removed from the consent calendar and made part of the regular agenda. The council can then approve the remainder of the consent calendar.
2-1 Consideration of the Downtown Business Improvement District (BID) Advisory Board Appointments
Aguirre
2-2 Consideration of Approval of Resolution Establishing the California League of City Employees Associations Middle Management Employees Bargaining Unit and Recognizing the California League of City Employees Associations as the Exclusive Representative for said Bargaining Unit Venegas
2-3 Consideration of Approval of Four (4) Resolutions Approving Changes to Banking Authorized Signers for City of Selma, the Selma Successors Agency, Selma Community Enhancement Corporation and the Selma Public Financing Authority
Santillan
2-4 Consideration of Resolution Approving Authorization of Submission of Claim for Transportation Development Act (TDA) Funds for 2022-2023 Fiscal Year, to Coincide with the Fresno Council of Governments (Fresno COG) Policy Boards’s Approval of TDA Funds Apportionment and TDA Claims Process
Santillan
2-5 Consideration of Resolution Approving Authorization of Submission of Claim for Transportation Development Act (TDA) Funds for 2023-2024 Fiscal Year, to Coincide with the Fresno Council of Governments (Fresno COG) Policy Boards’s Approval of TDA Funds Apportionment and TDA Claims Process
Santillan
2-6 Consideration of Resolution Approving Authorization of Submission of Claim for Transportation Development Act (TDA) Funds for 2024-2025 Fiscal Year, to Coincide with the Fresno Council of Governments (Fresno COG) Policy Boards’s Approval of TDA Funds Apportionment and TDA Claims Process
Santillan
2-7 Check Register Dated January 9, 2025 Santillan
3 – PUBLIC HEARINGS
Report, discussion and/or other Council action will be taken. 3-1 Public Hearing – Amberwood Development Agreement and Environmental Impact Report (EIR) Addendum
Keene
4 – NEW BUSINESS
Report, discussion and/or other Council action will be taken. 4-1 Report and Recommendation – Mid Valley Disposal Contract Discussion Relating to Alley and Curbside Service and Other Potential Contractual Matters
Santillan
4-2 Report and Recommendation – Downtown Strategic Plan Implementation – Theme Presentation
Keene
4-3 Consideration and Necessary Action on Proposed Provisions or Amendments to the Handbook of Rules and Procedures for the Selma City Council “(Handbook”) and Elimination of Warning Relating to Disruptive Conduct Appearing as the First Paragraph for City Council Meetings Costanzo
4 4-4 Report and Recommendation – Consideration and Necessary Action on Resolution Approving and Authorizing Execution of Agreement for Services of Independent Contractor (Independent Investigator) and Prescribing Further Duties of the City Manager with Respect to Facilitation of and Cooperation with independent Investigation
Costanzo
4-5 Report and Recommendation – Consideration and Necessary Action on Amendment to “City of Selma Finance Purchasing Division Purchasing and Contract Procedures” Amended December 2, 2024, Amending Chapter 4, “Approval Process”, Reducing Threshold Amount for Requirement of City Council Approval of Agreements
Costanzo
4-6 Discussion Item – Parking Along Nebraska Avenue Near Selma Dog Park Update
Keene
4-7 Discussion Item – Special Event Permits, Yard Sale and One-Day Business License Fees
Keene
4-8 Discussion Item – Establishment of Advisory Committee for Animal Services and/or Operation of Selma Animal Shelter
Santillan
4-9 Report and Recommendation – Shafter Park Softball Field Lighting Honn 5 - FUTURE AGENDA ITEMS
Council requests for future agenda items. Not subject to public comment. Items require a consensus. 6 – DEPARTMENTAL REPORTS
• City Manager • City Clerk/PIO
• City Attorney • Fire
• Deputy City Manager
(Development Services)
• Police
• Public Works
• Administrative Services
7 – COUNCIL REPORTS / COUNCIL COMMITTEE REPORTS
Brief report by Council members on City related functions as authorized by the Brown Act.

PUBLIC NOTIFICATION
I, Mary J. Venegas, Deputy City Clerk for the City of Selma, declare under penalty of perjury that I posted the above Special and Regular City Council Agenda for the meeting of February 3, 2025 at Council Chambers, 1710 Tucker Street, Selma, CA on January 31, 2025 //s//
Mary J. Venegas, Deputy City Clerk
5 CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: February 3, 2025
______________________________________________________________________________ ITEM NO: 1-2
SUBJECT: Measure C Update
______________________________________________________________________________ DISCUSSION: Measure C was adopted in 1986 and renewed in 2006. Fresno County Transportation Authority Executive Director Terry Ogle will be onsite to provide an update on Measure C.

RECOMMENDATION: Informational Only.
_________/s/________________________________ _2/3/2025_____________ Fernando Santillan, City Manager Date
6 Measure C UpdateSelma City Council
PROMISES MADE. PROMISES KEPT.

Presented by:

Terry Ogle, FCTA
Robert Phipps, FCOG
7 February 3, 2025
What is Measure C?
Adopted in 1986 and renewed in 2006, Measure C’s ½ cent retail sales tax has transformed the transportation landscape of Fresno County as well as the Fresno-Clovis Metro area. Measure C has been widely successful due to its focus on transportation needs in Fresno County.  Measure C has improved our freeway system, our local city streets and county roads, and our local and rural transit services.  Fresno County was one of the first self-help counties in California.  Over the past 38 years, Fresno County has been able to leverage over $8 billion for transportation because Measure C has been able to provide matching funds.
 Measure C has continued to provide safe, efficient and affordable transportation for Fresno County, by connecting us with health care, emergency services, education and jobs opportunities.
 Under the current measure, annually 35% of Measure C revenues goes directly to local agencies for road maintenance/street repair. 8 MEASURE C Update
 Set to expire in 2027, FCTA and FCOG have begun our efforts to place a Measure C renewal on the ballot in November 2026.
 Consultant Contracts have been approved to assist FCTA and FCOG.  A facilitator will help establish a renewal committee consisting of cities and county jurisdictions, Caltrans, businesses, industry, communitybased organizations, agriculture, trucking, health, safety and public.  Public Outreach, Polling and Development of an Expenditure Plan.  A second renewal of Measure C has the potential to raise from $2.8 billion to $5 billion, depending on duration and escalation rates.  What does this Measure C renewal need to look like?
 Roadway/Street Repairs, Improve Pavement Quality, Congestion Relief, Air Quality, Safe Routes to School, Safety, Goods Movement.  More forward-looking, Alternative Transportation, Transit, Light Rail, Rapid Bus Cooridors, Managed Lanes, New Freeways or Collectors.  What happens if Measure C goes away?
 Funding for larger projects would be eliminated
 Funding for local project will be greatly reduced
 Funding for transit would be greatly reduced
 Measure C helps local agencies compete for fed or state dollars 9 PRESENTED BY:

Terry Ogle, Executive Director
[email protected] 559.600.3282

THANK YOU
10 CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: February 3, 2025
__________________________________________________________________________ ITEM NO: 2-1
SUBJECT: Consideration of the Downtown Business Improvement District (BID) Advisory Board Appointments
______________________________________________________________________________ BACKGROUND: The Selma City Council is responsible for appointing members to various Boards and Commissions, including the Downtown Business Improvement District (BID) Advisory Board. This board plays a crucial role in advising the City Council on issues impacting the downtown business community and ensuring responsiveness to community needs.

The BID Advisory Board, consisting of nine members, represents a diverse mix of businesses within the BID district. These members are selected from available applicants during the district formation process and annually during the review process. Each member serves a oneyear term, with terms staggered to ensure continuity.

DISCUSSION: In January 2024, the Selma City Council voted to expand the BID Advisory Board from 7 members to 9. Currently there are 2 vacancies. To ensure the BID seats were filled staff distributed applications for the BID Advisory Board mailers were sent to each individual within the Downtown District with a copy of the application and information on the BID Advisory Board.

In accordance with the Business Improvement District Management Plan, the Advisory Board reviewed the submitted applications and is recommending the appointment of the following two applicants: Rose Robertson with Robertson Guerra Insurance Agency and Jose Moreno with the Selma Arts Center Board and Centro de Folklor Board. ______________________________________________________________________________ RECOMMENDATION: Staff recommends that Council review the attached applications and appoint to the respective vacant positions.
______________________________________________________________________________

_________/s/_______________________ 2/3/2025__________
Alicia Aguirre, Economic Development Manager Date

__________/s/____________________ 2/3/2025__________
Fernando Santillan, City Manager Date
Attachments:
1) Applications Received
11 Deadline: April 19, 2024 by 12:00 PM

APPLICATION
BID Advisory Board
Return to: 1710 Tucker Street, Selma, CA.

Name Jose Moreno
Address
Phone
(mobile) (home/work)
Business owned Selma Arts Center Board Member, Centro de Folklor Board Member Business address 1935 High St, Selma, CA 93662
Years operated a business in Downtown 5 years
Community involvement: The Selma Arts Center and Centro de Folklor, where I serve as a board member, bring hundreds of visitors downtown weekly. The Arts Center produces successful shows including a sold-out Jersey Boys production, while Centro de Folklor hosts hundreds of children and families for regular cultural practices.

My community involvement includes creating and promoting signature events that showcase Selma's vibrancy. I successfully marketed the Tejano Music Bash, attracting thousands of attendees, and the annual Dia de los Muertos celebration, which drew over 2,000 participants. These events demonstrate downtown Selma's potential as a cultural hub while driving significant foot traffic to local businesses.

As a lifelong Selma resident and marketing director by profession, I combine deep community understanding with strategic promotion expertise. I leverage media relationships, content creation, and marketing strategies to ensure our community initiatives reach and resonate with Selma's diverse population. This blend of local knowledge and professional skills has proven successful in creating events that both celebrate our community and stimulate downtown engagement.

What knowledge and experience do you have in the following areas:

Marketing and Branding: With over 15 years of television industry experience and my current role as Marketing Director for one of California's largest nonprofits, managing 30+ programs, I bring extensive expertise in strategic marketing and brand development. My work spans video production, graphic design, media relations, and integrated campaign management, and I lead a team of marketing professionals to create cohesive brand messaging across multiple channels.

I believe branding is essential for downtown Selma's success. Through professional visual consistency and strategic messaging, we can showcase downtown as a vibrant, active destination. My experience managing complex marketing initiatives for multiple programs has given me the skills to develop and maintain a strong brand identity that will help position 12 downtown Selma as a dynamic community hub. I maintain valuable relationships with media stations and production resources that can be leveraged to amplify downtown Selma's presence in the region.

Downtown Revitalization: My seven-year immersion in downtown Fresno's revitalization has provided valuable insights into successful urban renewal strategies. I've witnessed firsthand how the strategic introduction of breweries, specialty shops, and food trucks has transformed the area into a vibrant destination. This experience has helped me identify which initiatives effectively drive foot traffic and create sustainable business growth.

I maintain active relationships with downtown Fresno business owners who have navigated the revitalization process successfully. Their practical feedback and lessons learned offer valuable perspectives that could benefit downtown Selma's development. Understanding what attracts younger demographics while maintaining community character has been crucial to Fresno's success - insights that could be thoughtfully adapted for Selma's unique context Finance: My financial experience comes from two key areas: As a Communications Director, I manage departmental budgets, making strategic decisions about media placement and marketing material investments to maximize impact within budget constraints. Additionally, my board positions with local organizations include fiscal oversight responsibilities, ensuring resources are used effectively to achieve organizational goals. This experience has honed my ability to evaluate spending priorities and track return on investment for community initiative.
13 Community Services: Public Works, Public Utilities, Police Department: Through my involvement with the Selma Arts Center, I work directly with Community Services and understand its vital role in our city's cultural landscape. This experience has given me insight into how city departments interconnect and the importance of coordinated efforts for successful downtown initiatives.

I recognize that downtown revitalization requires strong partnerships across all city departments - from Public Works' role in maintenance and infrastructure to Police Services ensuring safety and security. Success depends on strategic collaboration between these departments, community organizations, and business stakeholders.

Explain your reasons for wanting to be on this board: My desire to serve on this board stems from both experience and vision. As an active member of multiple working boards, I understand the commitment required to drive real change. I bring proven experience in event production, marketing, and community engagement that can help accelerate downtown Selma's revitalization.

I envision a vibrant downtown where our community comes together, drawn by dynamic events, food, and family experiences. Through my work with the Selma Arts Center and Centro de Folklor, I've seen firsthand how entertainment and cultural programming can transform spaces and create community connection. I have established relationships with community members and business owners who share this vision and are ready to support positive change. I believe downtown Selma is ready for bold steps forward.

Are you aware that this board meets once a month and you are required to attend these meetings? X Yes No
List three references giving name and phone number:

Jesse Crouch
Oscar Hernandez
Adrian Oceguera
Applicant’s Signature 12-11-2024 Date
14 15
16 CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: February 3, 2025
______________________________________________________________________________ ITEM NO: 2-2
SUBJECT: Approval of Resolution Establishing the California League of City Employees Associations Middle Management Employees Bargaining Unit and Recognizing the California League of City Employees Associations as Exclusive Representative for said Bargaining Unit
______________________________________________________________________________ DISCUSSION: Miscellaneous Middle Management Bargaining Unit submitted a Decertification Petition on January 8, 2025, which was filed accurately and timely. The petition requests exclusive representation by California League of City Employees Associations (CLOCEA). The Miscellaneous Middle Management Bargaining Unit encompasses all non-sworn middle management employees of the City of Selma.

As a result of the decertification, certification of the new bargaining unit is required. The new bargaining unit shall be recognized as the California League of City Employees Associations Middle Management Employees Unit (CLOCEA MM).

FISCAL IMPACT: No known fiscal impact at this time.

RECOMMENDATION: Approve the Resolution Establishing the California League of City Employees Associations Middle Management Employees Bargaining Unit and Recognizing the California League of City Employees Associations as Exclusive Representative for said Bargaining Unit
____________//s//____________ __ _ January 30, 2025
Janie Venegas Date
Administrative Services Director
___________ //s// _ January 30, 2025
Fernando Santillan Date
City Manager
17 RESOLUTION NO. 2025 – XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA, APPROVING ESTABLISHMENT OF CALIFORNIA LEAGUE OF

CITY EMPLOYEES ASSOCIATIONS MIDDLE MANAGEMENT EMPLOYEES (CLOCEA MM) BARGAINING UNIT AND RECOGNIZING THE CALIFORNIA

LEAUGE OF CITY EMPLOYEES ASSOCIATIONS AS THE EXCLUSIVE

REPRESENTATIVE FOR SAID BARGAINING UNIT
WHEREAS, there exists a Miscellaneous Middle Management Employees bargaining unit in the City, comprised of non-sworn employees who provide middle management services; and
WHEREAS, the Miscellaneous Middle Management Employees submitted a Decertification Petition on January 8, 2025; and
WHEREAS, certification of the new bargaining unit is required; and WHEREAS, the new bargaining unit shall be recognized as the California League of City Employees Associations Middle Management Employees Unit (CLOCEA MM); and WHEREAS, the bargaining unit requests exclusive representation by the California League of City Employees Associations (CLOCEA); and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby recognizes the California League of City Employees Associations Middle Management Employees Unit (CLOCEA MM) as a new Bargaining Unit.

Section 3. The City Council hereby recognizes CLOCEA as the exclusive representative for the Bargaining Unit.

Section 4. The City Manager of the City of Selma, or designee, is hereby authorized to take any further actions needed to effectuate the intent of this Resolution, which shall include negotiation with CLOCEA as the exclusive bargaining representative of the Bargaining Unit.

Section 5. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

Section 6. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
18 PASSED, APPROVED, AND ADOPTED this 3rd day of January 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________
ATTEST: Scott Robertson
Mayor
______________________________
Mary J. Venegas
Deputy City Clerk
19 20
21 a. CLASSIFICATION LISTINGS:

1. Mid-Management Employees Unit Classifications Listing; i. Accountant
ii. Animal Services Manager
iii. City Clerk/PIO
iv. City Planner
v. Field Services Manager
vi. Finance Manager
vii. Fleet Maintenance Supervisor
viii. Grants Manager
ix. Human Resources Manager
x. Information Services Coordinator/GIS Supervisor
xi. Management Analyst
xii. Principal Planner
xiii. Public Works Inspector
xiv. Public Works Supervisor
xv. Recreation Supervisor
xvi. Senior Accountant
xvii. Senior Administrative Assistant
xviii. Transit Maintenance Manager
xix.

UNSURE:
i. Shelter Manager
ii.
22 CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: February 3, 2025
__________________________________________________________________________ ITEM NO: 2-3
SUBJECT: Consideration of Four (4) Resolutions Approving Changes to Banking Authorized Signers for City of Selma, the Selma Successors Agency, Selma Community Enhancement Corporation, and the Selma Public Financing Authority
______________________________________________________________________________ DISCUSSION: With the recent Council reorganization, individuals authorized to sign City, Successor Agency, Selma Community Enhancement, and Selma Public Financing Authority checks need to be changed.

Documents have been prepared naming Mayor Pro Tem Sarah Guerra, as authorized signer on the various accounts at US Bank. Two (2) signatures are still required on each check.

Current signers include Mayor Scott Robertson, City Manager Fernando Santillan, and Deputy City Manager Jerome Keene.

FISCAL IMPACT: None.
______________________________________________________________________________ RECOMMENDATION: Approve the (4) Resolutions to Update Banking Authorized Signers for City of Selma, the Selma Successors Agency, Selma Community Enhancement Corporation, and the Selma Public Financing Authority.
______________________________________________________________________________

//s// January 30, 2025
Fernando Santillan, City Manager Date
Attachments:

1. Resolution No. 2025-

2. Resolution No. 2025-

3. Resolution No. 2025-

4. Resolution No. 2025-
23 RESOLUTION NO. 2025 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA
RESCINDING RESOLUTION NO. 2023-76R AUTHORIZING

AND DESIGNATING AUTHORIZED PERSONS

TO ESTABLISH, DEPOSIT, AND WITHDRAW

FROM BANK ACCOUNTS AT US BANK
WHEREAS, the City of Selma should designate certain persons and authorized persons to deposit into City Accounts and to withdraw on behalf of the City from said account; and WHEREAS, on September 5, 2023, the City Council adopted Resolution No. 2023-76R designating said authorized persons, and now wishes to revise said designations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA
HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby rescinds Resolution No. 2023-76R, and any other City Council resolution that designated authorized banking signatories for the City of Selma Accounts.

Section 3. The City Council hereby affirms that that US Bank, a national banking association (“Bank”), is hereby selected and designated as a depositary of funds of the City, and that accounts are established and maintained by and in the name of the City at the Selma office of said Bank, upon and subject to such terms and conditions as the officers hereinafter designated, or any of them, may from time to time agree upon with said Bank.

Section 4. The City Council hereby designates that all checks, drafts and other instruments for the payment of money drawn or accepted by the City for payment from said account or at said office be signed on behalf of the City by any two (2) of the following officers of the City viz:

Scott Robertson as Mayor, Sarah Guerra as Mayor Pro Tem, Fernando Santillan as City Manager, and/or Jerome Keene as Deputy City Manager.

Section 5. The City Council hereby designates that any checks, drafts or other instruments for the payment of money, endorsed on behalf of this city for deposit with or collection by said Bank, may be so endorsed in the name of the City by written or stamped endorsement, without designation or signature of the person making such endorsement; and Section 6. The City Council hereby directs that the City Clerk certify to said Bank that the Resolution has been duly adopted, and is in conformity with the by-laws of the City, and to further certify to said Bank that names and specimen signatures of the present officers of the City authorized to sign as aforesaid, and if and when any change be made in the personnel of said officers the fact of such change and the name and specimen signature of each new officer. 24 Section 7. The City Council hereby requests and authorizes the Bank to honor, receive, certify, and pay any such instrument signed or endorsed in accordance with the foregoing resolution and the certification then in effect as above provided for, including any such instrument drawn or endorsed to the personal order of, or presented for negotiation or encashment by, any officer signing or endorsing the name.

Section 8. The City Council hereby finds and declares that this Resolution and each such certification shall remain in full force and effect, and said Bank is authorized and requested to reply and act thereon, until it shall receive at its office to which the certified copy of this Resolution is delivered, either a certified copy of a further resolution of the City of Selma amending or rescinding these resolutions or a further certification as above provided for, as the case may be.

Section 9. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

Section 10. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Selma on this 3rd day of February 2025, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
____________________________
Scott Robertson
Mayor
ATTEST:
_______________________________
Mary J. Venegas
Deputy City Clerk
25 RESOLUTION NO. 2025 –

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

SELMA COMMUNITY ENHANCEMENT CORPORATION
RESCINDING RESOLUTION NO. 2023-1CEC, AND AUTHORIZING AND

DESIGNATING AUTHORIZED PERSONS TO ESTABLISH AND WITHDRAW

FROM BANK ACCOUNTS AT US BANK
WHEREAS, the Selma Community Enhancement Corporation (“Corporation”) should designate certain persons and authorized persons to deposit in Corporation accounts and to withdraw on behalf of the Corporation from said accounts; and WHEREAS, on September 5, 2023, the Corporation adopted Resolution No. 2023- 1CEC designating said authorized persons, and now wishes to revise said designations.

NOW, THEREFORE, THE COMMUNITY ENHANCEMENT
CORPORATION HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

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

Section 2. The Corporation hereby rescinds Resolution No. 2023-1CEC, and any other Corporation resolution that designated authorized banking signatories for the Corporation account.

Section 3. The Corporation hereby affirms that US Bank, a national banking association (“Bank”), is hereby selected and designated as a depositary of funds of this Corporation, and that accounts be established and maintained by and in the name of this Corporation at the Selma office of said Bank, upon and subject to such terms and conditions as the officers hereinafter designated, or any of them, may from time to time agree upon with said Bank.

Section 4. The Corporation hereby designates that all checks, drafts and other instruments for the payment of money drawn or accepted by the Corporation for payment from said account or at said office be signed on behalf of the Corporation by any two (2) of the following officers of the Corporation viz: Scott Robertson as Chairman, Sarah Guerra as Vice Chairman, Fernando Santillan as Executive Director, and/or Jerome Keene as Deputy City Manager; and
Section 5. The Corporation Board hereby designates that any checks, drafts or other instruments for the payment of money, endorsed on behalf of the Corporation for deposit with or collection by said Bank, may be so endorsed in the name of the Corporation by written or stamped endorsement, without designation or signature of the person making such endorsement.

Section 6. The Corporation Board hereby directs that the Secretary certify to said Bank that this Resolution has been duly adopted, and is in conformity with the by-laws of the Corporation, and to further certify to said Bank that names and specimen signatures of the present officers of the Corporation authorized to sign as aforesaid, and if and when any change be made in the personnel of said officers the fact of such change and the name and specimen signature of each new officer.
26 Section 7. The Corporation Board hereby requests and authorizes the Bank to honor, receive, certify, and pay any such instruments signed or endorsed in accordance with the foregoing Resolution and the certification then in effect as above provided for, including any such instrument drawn or endorsed to the personal order of, or presented for negotiation or encashment by, any officer signing or endorsing the name.

Section 8. The Corporation Board hereby finds and declares that this Resolution and each such certification shall remain in full force and effect, and said Bank is authorized and requested to reply and act thereon, until it shall receive at its office to which the certified copy of these resolutions is delivered, either a certified copy of a further resolution of the Selma Enhancement Corporation amending or rescinding these resolutions or a further certification as above provided for, as the case may be.

Section 10. Effective Date. That the Corporation Secretary shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Selma Community Enhancement Corporation on this 3rd day of February 2025, by the following roll call vote:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:
____________________________
Scott Robertson, Chairperson
ATTEST:
_______________________________
Mary J. Venegas, Corporation Secretary
27 RESOLUTION NO. 2025 –

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SELMA PUBLIC FINANCING AUTHORITY RESCINDING RESOLUTION NO. 2023-1PFA, AND AUTHORIZING AND DESIGNATING AUTHORIZED PERSONS

TO ESTABLISH AND WITHDRAW FROM BANK ACCOUNTS AT US BANK WHEREAS, the Selma Public Financing Authority (“Authority”) should designate certain persons and authorized persons to deposit in Authority accounts and to withdraw on behalf of the Authority from said accounts; and
WHEREAS, on September 5, 2023, the Authority adopted Resolution No. 2023-1PFA designating said authorized persons, and now wishes to revise said designations.

NOW, THEREFORE, THE SELMA PUBLIC FINANCING AUTHORITY HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

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

Section 2. The Authority hereby rescinds Resolution No. 2023-1PFA, and any other resolution that designated authorized banking signatories for the Authority account.

Section 3. The Authority hereby affirms that US Bank, a national banking association (“Bank”), is hereby selected and designated as a depositary of funds of this Authority, and that accounts be established and maintained by and in the name of this Authority at the Selma office of said Bank, upon and subject to such terms and conditions as the officers hereinafter designated, or any of them, may from time to time agree upon with said Bank.

Section 4. The Authority hereby designates that all checks, drafts and other instruments for the payment of money drawn or accepted by the Authority for payment from said account or at said office be signed on behalf of the Authority by any two (2) of the following officers of the Authority viz: Scott Robertson as Chairman, Sarah Guerra as Vice Chairman, Fernando Santillan as Executive Director, and/or Jerome Keene as Deputy City Manager; and Section 5. The Authority Board hereby designates that any checks, drafts or other instruments for the payment of money, endorsed on behalf of the Authority for deposit with or collection by said Bank, may be so endorsed in the name of the Authority by written or stamped endorsement, without designation or signature of the person making such endorsement.

Section 6. The Authority Board hereby directs that the Secretary certify to said Bank that this Resolution has been duly adopted, and is in conformity with the by-laws of the Authority, and to further certify to said Bank that names and specimen signatures of the present officers of the Authority authorized to sign as aforesaid, and if and when any change be made in the personnel of said officers the fact of such change and the name and specimen signature of each new officer.

Section 7. The Authority Board hereby requests and authorizes the Bank to honor, receive, certify, and pay any such instruments signed or endorsed in accordance with the foregoing Resolution and the certification then in effect as above provided for, including any such 28 instrument drawn or endorsed to the personal order of, or presented for negotiation or encashment by, any officer signing or endorsing the name.

Section 8. The Authority Board hereby finds and declares that this Resolution and each such certification shall remain in full force and effect, and said Bank is authorized and requested to reply and act thereon, until it shall receive at its office to which the certified copy of these resolutions is delivered, either a certified copy of a further resolution of the Selma Enhancement Authority amending or rescinding these resolutions or a further certification as above provided for, as the case may be.

Section 10. Effective Date. That the Authority Secretary shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Selma Public Financing Authority on this 3rd day of February 2025, by the following roll call vote:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

____________________________
Scott Robertson, Chairperson
ATTEST:
_______________________________
Mary J. Venegas, Authority Secretary
29 RESOLUTION NO. 2025 –

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SELMA SUCCESSOR AGENCY RESCINDING RESOLUTION NO. 2023-1SRDA, AND AUTHORIZING

AND DESIGNATING AUTHORIZED PERSONS TO ESTABLISH AND WITHDRAW FROM BANK ACCOUNTS AT US BANK – SUCCESSOR RDA
WHEREAS, the Selma Successor Agency (“Agency”) should designate certain persons and authorized persons to deposit in Agency accounts and to withdraw on behalf of the Agency from said accounts; and
WHEREAS, on September 5, 2023, the Agency adopted Resolution No. 2023-1SRDA designating said authorized persons, and now wishes to revise said designations.

NOW, THEREFORE, THE SUCCESSOR AGENCY DOES HEREBY
FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

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

Section 2. The Agency hereby rescinds Resolution No. 2023-1SRDA, and any other Agency resolution that designated authorized banking signatories for the Agency account.

Section 3. The Agency hereby affirms that US Bank, a national banking association (“Bank”), is hereby selected and designated as a depositary of funds of this Agency, and that accounts be established and maintained by and in the name of this Agency at the Selma office of said Bank, upon and subject to such terms and conditions as the officers hereinafter designated, or any of them, may from time to time agree upon with said Bank.

Section 4. The Agency hereby designates that all checks, drafts and other instruments for the payment of money drawn or accepted by the Agency for payment from said account or at said office be signed on behalf of the Agency by any two (2) of the following officers of the Agency viz: Scott Robertson as Chairman, Sarah Guerra as Vice Chairman, Fernando Santillan as Executive Director, and/or Jerome Keene as Deputy City Manager; and Section 5. The Agency Board hereby designates that any checks, drafts or other instruments for the payment of money, endorsed on behalf of the Agency for deposit with or collection by said Bank, may be so endorsed in the name of the Agency by written or stamped endorsement, without designation or signature of the person making such endorsement.

Section 6. The Agency Board hereby directs that the Secretary certify to said Bank that this Resolution has been duly adopted, and is in conformity with the by-laws of the Agency, and to further certify to said Bank that names and specimen signatures of the present officers of the Agency authorized to sign as aforesaid, and if and when any change be made in the personnel of said officers the fact of such change and the name and specimen signature of each new officer.

Section 7. The Agency Board hereby requests and authorizes the Bank to honor, receive, certify, and pay any such instruments signed or endorsed in accordance with the foregoing 30 Resolution and the certification then in effect as above provided for, including any such instrument drawn or endorsed to the personal order of, or presented for negotiation or encashment by, any officer signing or endorsing the name.

The Agency Board hereby finds and declares that this Resolution and each such certification shall remain in full force and effect, and said Bank is authorized and requested to reply and act thereon, until it shall receive at its office to which the certified copy of these resolutions is delivered, either a certified copy of a further resolution of the Selma Successor Agency amending or rescinding these resolutions or a further certification as above provided for, as the case may be.

Section 10. Effective Date. That the Agency Secretary shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Selma Successor Agency on this 3rd day of February 2025, by the following roll call vote:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:
____________________________
Scott Robertson, Chairperson
ATTEST:
_______________________________
Mary J. Venegas, Agency Secretary
31 CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: February 3, 2025
ITEM NO: 2-4
SUBJECT: Authorization of submission of claim for Transportation Development Act (TDA) funds for 2022-2023 fiscal year, to coincide with the Fresno Council of Governments (Fresno COG) Policy Board’s approval of TDA funds apportionment and TDA claims process.

RECOMMENDATION: Authorize the City Manager to sign and forward the Transportation Funding Claim form to the Fresno COG.

DISCUSSION: The Fresno COG has made its estimates of Local Transportation Funds (LTF) expected in the 2024-2025 fiscal year. It is estimated that the City of Selma can claim $1,489,797.

There are three components to this TDA allocation: Bicycle and Pedestrian Facilities, Public Transportation, and Streets and Roads. Since the City contracts with Fresno County Rural Transit Authority (FCRTA) for public transit services, the Public Transportation funds are allocated directly to this organization. This year’s allocation to FCRTA is estimated at $232,304.

It is necessary for each city to submit an executed resolution prior to fund disbursement by the Fresno COG. The city council adopted a continuing resolution for that purpose in 2014, a copy of which is attached, so that all that is required to be submitted is the attached claim form.

RECOMMENDATION: Authorize the City Manager to sign and forward the Transportation Funding Claim form to the Fresno COG.
/s/ 02/03/2025
Fernando Santillan, City Manager Date
32 RESOLUTION NO. 2025 – R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA, CALIFORNIA,

SUBMITTING A CLAIM FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS CONTINUING FROM THE 2022-2023 FISCAL YEAR, THEREBY COINCIDING WITH THE FRESNO COUNCIL OF GOVERNMENTS POLICY BOARD’s APPROVAL OF TDA FUNDS

APPORTIONMENT AND TDA CLAIMS PROCESS
WHEREAS, the City of Selma hereby submits a TDA Funding Claim for the Local Transportation Fund, and State Transit Assistance Fund of Fresno County continuing from fiscal year 2022-2023; and thereafter WHEREAS, the Fresno COG has the authority to review claims and allocate such funds in accordance with the Transportation Development Act of 1971 and Chapter 3 of Title 21 of the California Administrative Code; and
WHEREAS, the Fresno COG encourages inter-jurisdictional coordination of transportation needs and increased coordination of transportation implementation plans.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

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

Section 2. The City Council hereby requests that the Fresno COG allocate the amounts approved by resolution by the Fresno COG Policy Board, from the Local Transportation Fund, and State Transit Assistance Fund to the City of Selma for fiscal year 2022-2023; and thereafter for the purposes allowed under Articles 3, 4.5 and 8 of the Transportation Development Act of 1971, as identified in the attached claim and which is in accordance with the adopted Regional Transportation Plan.

Section 3. The City Council hereby requests that of the City’s total Transportation Fund Apportionment for fiscal year 2022-2023; and thereafter, in the amount approved by resolution by the Fresno COG Policy Board, be allocated from the Local Transportation Fund to the Fresno COG for the purpose of conducting Regional Transportation Planning.

Section 4. The City Council hereby requests that of the City’s total Transportation Fund Apportionment for fiscal year 2022-2023; and thereafter, in the amount approved by resolution by the Fresno COG Policy Board, be allocated to the Fresno County Rural Transit Agency for the purpose of conducting a transportation program consistent with the adopted Regional Transportation Plan.

Section 5. The City further agrees to provide the Fresno COG with such information as may be necessary to support its annual transportation claim.

Section 6. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

Section 7. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
33 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Selma on this 3rd day of February 2025, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Attest: ___________________________
Scott Robertson, Mayor

_________________________________
Mary J. Vanegas, Deputy City Clerk
34 Enter Date: 1/27/2025 Claimant Name: City of Selma
From: Applicant:

Address:

City/State/Zip:

Contact Phone/email:

Local Transportation Fund
Apportionment: $ 1,257,493.00
Unexpended, Held by Claimant:

Other Agency:

State Transit Assistance Fund
Estimate: $ 231,728.00
Unexpended, Held in Trust: $ 576.00
Other
Other:

TOTAL
$ 1,489,797.00
Please print and sign after completing form
Authorized Signature:

Name/Title:

Date:

City Manager
This applicant is an eligible claimant pursuant to Section 99203 of the Public Utilities Code and certifies that the following transportation funds are available to be claimed:
for the purposes and respective amounts specified in the attached claim be drawn from the Local Transportation Fund and State Transit Assistance Fund.
spell out total amount in above cell
Selma, CA 93662
Fernando Santillan, City Manager
TRANSPORTATION FUNDING CLAIM FOR FISCAL YEAR: 2022/23
Instructions: Please note that each page of this claim is a separate worksheet, please click through all tabs and complete. Also note that light yellow fields require an entry if applicable, light grey fields contain formulas that will automatically calculate based on corresponding entries. A date and claimant name field is at the top of the first page, and automatically repeats on following pages, (date should be formatted 00/00/0000) When completed, please print, sign and send signed original via mail to:

Les Beshears, Director of Finance, Fresno Council of Governments, 2035 Tulare Street, Suite 201, Fresno, CA 93721
City of Selma
1710 Tucker St.
35 Enter Date: 1/27/2025 Claimant Name:

TRANSPORTATION FUNDING CLAIM DETAIL FOR FISCAL YEAR: 2022/23

PURPOSE AMOUNT SUBTOTAL

1. Bicycle & Pedestrian Facilities:

Article 3: $ 25,170.00
Article 8a:

Audit Exceptions (General Fund Payback);
Unexpended Funds, Held by Claimant:
$ 25,170.00

2. Regional Transportation Planning: $ 35,150.00 $ 35,150.00

3. Public Transportation State Transit Assistance Funds (STA): $ - Other:
$ -

4. Community Transit Service CTSA, Article 4.5: $ 60,655.00 $ 60,655.00

5. Streets & Roads: Article 8a: $ 1,057,073.00
Unexpended Funds, Held by Claimant:
$ 1,057,073.00

6. To Be Claimed By:

Fresno County Rural Transit Agency LTF: $ 79,445.00
Fresno County Rural Transit Agency STA: $ 232,304.00
Other $ -
$ 311,749.00

7. Reserve in Fund Pending Further Claiming $ -
GRAND TOTAL $ 1,489,797.00
Claim Total Must Agree With Total on First Page $ 1,489,797.00 Minus Non Transit Claims $ 407,554.00
GRAND TOTAL PAYABLE TO CLAIMANT $ 1,082,243.00
Allocation instructions and payment by the Fresno County Auditor-Controller to the applicant is subject to such monies being available for distribution, and to the provisions that such monies will be used only in accordance with the rules and regulations of the Transportation Development Act.

City of Selma
36 Enter Date: 1/27/2025 Claimant Name:

PROJECT TITLE & BRIEF DESCRIPTION PROJECT COST

1. Various Bicycle & Pedestrian Facilities throughout the claimant's jurisdiction: $ 25,170.00 AND/OR:
$ -
$ -
$ -
TOTAL PROJECT COSTS $ 25,170.00

PROJECT TITLE & BRIEF DESCRIPTION PROJECT COST
$ 1,057,073.00
AND/OR: $ -
$ -
$ -
$ -
TOTAL PROJECT COSTS $ 1,057,073.00
City of Selma
Other - describe briefly if applicable:

Other - describe briefly if applicable:

BICYCLE AND PEDESTRIAN FACILITIES FOR FISCAL YEAR: 2022/23 Two percent (2%) of the claimant’s Local Transportation Fund apportionment must be spent on bicycle and pedestrian facilities (PUC 99233.3 and 99234); such claims are to be filed as Article 3. Claims for projects in excess of 2% may be filed as Article 8a (PUC 99400(a)). If other funding is to be used with Local Transportation Funds to implement projects, such funding should be shown on the claim form.

Other - describe briefly if applicable:

Local Transportation Funds coming to claimants within Fresno County may be used for streets and roads improvements and maintenance pursuant to Article 8 (PUC 99400), but only after Fresno COG makes a finding that public transportation needs within the claimant’s jurisdiction are reasonably met by satisfying the service requirements set forth by the Regional Transportation Plan (PUC 99401.5).

STREETS AND ROADS CLAIM FOR FISCAL YEAR: 2022/23

1. Development, Construction & Maintenance Facilities throughout the claimant's jurisdiction:
37 Enter Date: 1/27/2025 Claimant Name:

CONTINGENCY PROJECT LISTING FOR FISCAL YEAR: 2022/23
CHECK ALL THAT APPLY (Enter "X" in yellow box)

BICYCLE AND PEDESTRIAN FACILITIES PUBLIC TRANSPORTATION STREETS & ROADS X Article 3 X Article 4 X Article 8a

STANDARD ASSURANCES FOR CLAIMANTS
CLAIMANT ASSURANCES: (initial yellow box all that apply) X
X
The undersigned hereby certifies that the above statements are true and correct.

Please print and sign after completing form
Name/Title:

Date:

City of Selma
City Manager
A. Claimant certifies that it has submitted a satisfactory, independent fiscal audit, with required certification statement, to the RTPA and to the State Controller, pursuant to PUC 99245 and 21 Cal. Code of Regulations Section 6664 for the prior fiscal year (project year minus two). Claimant assures that this audit requirement will be completed for the current fiscal year (project year minus one).

Authorized
Signature:

B. Claimant certifies that it has submitted a State Controller Report to the RTPA and to the State Controller, pursuant to PUC 99243.
38 RESOLUTION NO. 2013 - 27R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA

SUBMITTING A CLAIM FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS CONTINUING FROM THE 2013-2014 FISCAL YEAR, THEREBY COINCIDING WITH THE

FRESNO COUNCIL OF GOVERNMENTS POLICY BOARD APPROVAL OF TDA FUNDS

APPORTIONMENT AND TDA CLAIMS PROCESS
WHEREAS, the City of Selma hereby submits a TDA Funding Claim for the Local Transportation Fund, and State Transit Assistance Fund of Fresno County continuing from fiscal year 2013-2014; and thereafter
WHEREAS, the Fresno COG has the authority to review claims and allocate such funds in accordance with the Transportation Development Act of 1971 and Chapter 3 of Title 21 of the California Administrative Code; and
WHEREAS, the Fresno COG encourages inter-jurisdictional coordination of transportation needs and increased coordination of transportation implementation plans.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Selma hereby requests that the Fresno COG allocate the amounts approved by resolution by the Fresno COG Policy Board, from the Local Transportation Fund, and State Transit Assistance Fund to the named applicant for fiscal year 2013-2014; and thereafter for the purposes allowed under Articles 3, 4.5 and 8 of the Transportation Development Act of 1971, as identified in the attached claim and which is in accordance with the adopted Regional Transportation Plan.

BE IT FURTHER RESOLVED, that the City Council of the City of Selma hereby requests that of the City's total Transportation Fund Apportionment for fiscal year 2013-2014; and thereafter, in the amount approved by resolution by the Fresno COG Policy Board, be allocated from the Local Transportation Fund to the Fresno COG for the purpose of conducting Regional Transportation Planning.

BE IT FURTHER RESOLVED, that the City Council of the City of Selma hereby requests that of the City's total Transportation Fund Apportionment for fiscal year 2013-2014; and thereafter, in the amount approved by resolution by the Fresno COG Policy Board, be allocated to the Fresno County Rural Transit Agency for the purpose of conducting a transportation program consistent with the adopted Regional Transportation Plan.

BE IT FURTHER RESOLVED, that the named applicant further agrees to provide the Fresno COG with such information as may be necessary to support its annual transportation claim.

The foregoing resolution was duly adopted by the Selma City Council at a regular meeting held on the l" day of July 2013, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Attest:
s
0 0
0 COUNCILMEMBERS: Rodriguez, Avalos, Derr, Robertson, Grey COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
I
----""~
Kenneth Grey
f!11o}YL ~ Mayor of the City of Selma
Reyna Rivera
City Clerk
39 CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: February 3, 2025
ITEM NO.: 2-5
SUBJECT: Authorization of submission of claim for Transportation Development Act (TDA) funds for 2023-2024 fiscal, to coincide with the Fresno Council of Governments (Fresno COG) Policy Board’s approval of TDA funds apportionment and TDA claims process.

RECOMMENDATION: Authorize the City Manager to sign and forward the Transportation Funding Claim form to the Fresno COG.

DISCUSSION: The Fresno COG has made its estimates of Local Transportation Funds (LTF) expected in the 2024-2025 fiscal year. It is estimated that the City of Selma can claim $1,657,432.

RECOMMENDATION: Authorize the City Manager to sign and forward the Transportation Funding Claim form to the Fresno COG.
/s/ 02/03/2025
Fernando Santillan, City Manager Date
40 RESOLUTION NO. 2025 – R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA, CALIFORNIA,

SUBMITTING A CLAIM FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS CONTINUING FROM THE 2023-2024 FISCAL YEAR, THEREBY COINCIDING WITH THE FRESNO COUNCIL OF GOVERNMENTS POLICY BOARD’s APPROVAL OF TDA FUNDS

APPORTIONMENT AND TDA CLAIMS PROCESS
WHEREAS, the City of Selma hereby submits a TDA Funding Claim for the Local Transportation Fund, and State Transit Assistance Fund of Fresno County continuing from fiscal year 2023-2024; and thereafter WHEREAS, the Fresno COG has the authority to review claims and allocate such funds in accordance with the Transportation Development Act of 1971 and Chapter 3 of Title 21 of the California Administrative Code; and
WHEREAS, the Fresno COG encourages inter-jurisdictional coordination of transportation needs and increased coordination of transportation implementation plans.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

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

Section 2. The City Council hereby requests that the Fresno COG allocate the amounts approved by resolution by the Fresno COG Policy Board, from the Local Transportation Fund, and State Transit Assistance Fund to the City of Selma for fiscal year 2023-2024; and thereafter for the purposes allowed under Articles 3, 4.5 and 8 of the Transportation Development Act of 1971, as identified in the attached claim and which is in accordance with the adopted Regional Transportation Plan.

Section 3. The City Council hereby requests that of the City’s total Transportation Fund Apportionment for fiscal year 2023-2024; and thereafter, in the amount approved by resolution by the Fresno COG Policy Board, be allocated from the Local Transportation Fund to the Fresno COG for the purpose of conducting Regional Transportation Planning.

Section 4. The City Council hereby requests that of the City’s total Transportation Fund Apportionment for fiscal year 2023-2024; and thereafter, in the amount approved by resolution by the Fresno COG Policy Board, be allocated to the Fresno County Rural Transit Agency for the purpose of conducting a transportation program consistent with the adopted Regional Transportation Plan.

Section 5. The City further agrees to provide the Fresno COG with such information as may be necessary to support its annual transportation claim.

Section 7. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
41 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Selma on this 3rd day of February 2025, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Attest: ___________________________
Scott Robertson, Mayor

_________________________________
Mary J. Vanegas, Deputy City Clerk
42 Enter Date: 1/27/2025 Claimant Name: City of Selma
From: Applicant:

Address:

City/State/Zip:

Contact Phone/email:

Local Transportation Fund
Apportionment: $ 1,366,814.00
Unexpended, Held by Claimant:

Other Agency:

State Transit Assistance Fund
Estimate: $ 289,886.00
Unexpended, Held in Trust: $ 732.00
Other
Other:

TOTAL
$ 1,657,432.00
Please print and sign after completing form
Authorized Signature:

Name/Title:

Date:

Selma, CA 93662
Fernando Santillan, City Manager
TRANSPORTATION FUNDING CLAIM FOR FISCAL YEAR: 2023/24
Instructions: Please note that each page of this claim is a separate worksheet, please click through all tabs and complete. Also note that light yellow fields require an entry if applicable, light grey fields contain formulas that will automatically calculate based on corresponding entries. A date and claimant name field is at the top of the first page, and automatically repeats on following pages, (date should be formatted 00/00/0000) When completed, please print, sign and send signed original via mail to:

Les Beshears, Director of Finance, Fresno Council of Governments, 2035 Tulare Street, Suite 201, Fresno, CA 93721
City of Selma
1710 Tucker St.

TRANSPORTATION FUNDING CLAIM DETAIL FOR FISCAL YEAR: 2023/24

PURPOSE AMOUNT SUBTOTAL

1. Bicycle & Pedestrian Facilities:

Article 3: $ 27,324.00
Article 8a:

Audit Exceptions (General Fund Payback);
Unexpended Funds, Held by Claimant:
$ 27,324.00

2. Regional Transportation Planning: $ 38,158.00 $ 38,158.00

3. Public Transportation State Transit Assistance Funds (STA): $ - Other:
$ -

4. Community Transit Service CTSA, Article 4.5: $ 67,570.00 $ 67,570.00

5. Streets & Roads: Article 8a: $ 807,788.00
Unexpended Funds, Held by Claimant:
$ 807,788.00

6. To Be Claimed By:

Fresno County Rural Transit Agency LTF: $ 425,974.00
Fresno County Rural Transit Agency STA: $ 290,618.00
Other $ -
$ 716,592.00

7. Reserve in Fund Pending Further Claiming $ -
GRAND TOTAL $ 1,657,432.00
Claim Total Must Agree With Total on First Page $ 1,657,432.00 Minus Non Transit Claims $ 822,320.00
GRAND TOTAL PAYABLE TO CLAIMANT $ 835,112.00
Allocation instructions and payment by the Fresno County Auditor-Controller to the applicant is subject to such monies being available for distribution, and to the provisions that such monies will be used only in accordance with the rules and regulations of the Transportation Development Act.

City of Selma
44 Enter Date: 1/27/2025 Claimant Name:

PROJECT TITLE & BRIEF DESCRIPTION PROJECT COST

1. Various Bicycle & Pedestrian Facilities throughout the claimant's jurisdiction: $ 27,324.00 AND/OR:
$ -
$ -
$ -
TOTAL PROJECT COSTS $ 27,324.00

PROJECT TITLE & BRIEF DESCRIPTION PROJECT COST
$ 807,788.00
AND/OR: $ -
$ -
$ -
$ -
TOTAL PROJECT COSTS $ 807,788.00
City of Selma
Other - describe briefly if applicable:

Other - describe briefly if applicable:

BICYCLE AND PEDESTRIAN FACILITIES FOR FISCAL YEAR: 2023/24 Two percent (2%) of the claimant’s Local Transportation Fund apportionment must be spent on bicycle and pedestrian facilities (PUC 99233.3 and 99234); such claims are to be filed as Article 3. Claims for projects in excess of 2% may be filed as Article 8a (PUC 99400(a)). If other funding is to be used with Local Transportation Funds to implement projects, such funding should be shown on the claim form.

Other - describe briefly if applicable:

STREETS AND ROADS CLAIM FOR FISCAL YEAR: 2023/24

1. Development, Construction & Maintenance Facilities throughout the claimant's jurisdiction:
45 Enter Date: 1/27/2025 Claimant Name:

CONTINGENCY PROJECT LISTING FOR FISCAL YEAR: 2023/24
CHECK ALL THAT APPLY (Enter "X" in yellow box)

BICYCLE AND PEDESTRIAN FACILITIES PUBLIC TRANSPORTATION STREETS & ROADS X Article 3 X Article 4 X Article 8a

STANDARD ASSURANCES FOR CLAIMANTS
CLAIMANT ASSURANCES: (initial yellow box all that apply) X
X
The undersigned hereby certifies that the above statements are true and correct.

Please print and sign after completing form
Name/Title:

Date:

Authorized
Signature:

B. Claimant certifies that it has submitted a State Controller Report to the RTPA and to the State Controller, pursuant to PUC 99243.
46 RESOLUTION NO. 2013 - 27R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA

SUBMITTING A CLAIM FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS CONTINUING FROM THE 2013-2014 FISCAL YEAR, THEREBY COINCIDING WITH THE

FRESNO COUNCIL OF GOVERNMENTS POLICY BOARD APPROVAL OF TDA FUNDS

APPORTIONMENT AND TDA CLAIMS PROCESS
WHEREAS, the City of Selma hereby submits a TDA Funding Claim for the Local Transportation Fund, and State Transit Assistance Fund of Fresno County continuing from fiscal year 2013-2014; and thereafter
WHEREAS, the Fresno COG has the authority to review claims and allocate such funds in accordance with the Transportation Development Act of 1971 and Chapter 3 of Title 21 of the California Administrative Code; and
WHEREAS, the Fresno COG encourages inter-jurisdictional coordination of transportation needs and increased coordination of transportation implementation plans.

BE IT FURTHER RESOLVED, that the City Council of the City of Selma hereby requests that of the City's total Transportation Fund Apportionment for fiscal year 2013-2014; and thereafter, in the amount approved by resolution by the Fresno COG Policy Board, be allocated to the Fresno County Rural Transit Agency for the purpose of conducting a transportation program consistent with the adopted Regional Transportation Plan.

BE IT FURTHER RESOLVED, that the named applicant further agrees to provide the Fresno COG with such information as may be necessary to support its annual transportation claim.

The foregoing resolution was duly adopted by the Selma City Council at a regular meeting held on the l" day of July 2013, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Attest:
s
0 0
0 COUNCILMEMBERS: Rodriguez, Avalos, Derr, Robertson, Grey COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
I
----""~
Kenneth Grey
f!11o}YL ~ Mayor of the City of Selma
Reyna Rivera
City Clerk
47 CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: February 3, 2025
ITEM NO: 2-6
SUBJECT: Authorization of submission of claim for Transportation Development Act (TDA) funds for 2024-2025 fiscal, to coincide with the Fresno Council of Governments (Fresno COG) Policy Board’s approval of TDA funds apportionment and TDA claims process.

RECOMMENDATION: Authorize the City Manager to sign and Transportation Funding Claim form to the Fresno COG.

DISCUSSION: The Fresno COG has made its estimates of Local Transportation Funds (LTF) expected in the 2024-2025 fiscal year. It is estimated that the City of Selma can claim $1,698,476.

RECOMMENDATION: Authorize the City Manager to sign and forward the Transportation Funding Claim form to the Fresno COG.
/s/ 02/03/2025
Fernando Santillan, City Manager Date
48 RESOLUTION NO. 2025 – R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA, CALIFORNIA,

SUBMITTING A CLAIM FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS CONTINUING FROM THE 2024-2025 FISCAL YEAR, THEREBY COINCIDING WITH THE FRESNO COUNCIL OF GOVERNMENTS POLICY BOARD’s APPROVAL OF TDA FUNDS

APPORTIONMENT AND TDA CLAIMS PROCESS
WHEREAS, the City of Selma hereby submits a TDA Funding Claim for the Local Transportation Fund, and State Transit Assistance Fund of Fresno County continuing from fiscal year 2024-2025; and thereafter WHEREAS, the Fresno COG has the authority to review claims and allocate such funds in accordance with the Transportation Development Act of 1971 and Chapter 3 of Title 21 of the California Administrative Code; and
WHEREAS, the Fresno COG encourages inter-jurisdictional coordination of transportation needs and increased coordination of transportation implementation plans.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

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

Section 2. The City Council hereby requests that the Fresno COG allocate the amounts approved by resolution by the Fresno COG Policy Board, from the Local Transportation Fund, and State Transit Assistance Fund to the City of Selma for fiscal year 2024-2025; and thereafter for the purposes allowed under Articles 3, 4.5 and 8 of the Transportation Development Act of 1971, as identified in the attached claim and which is in accordance with the adopted Regional Transportation Plan.

Section 3. The City Council hereby requests that of the City’s total Transportation Fund Apportionment for fiscal year 2024-2025; and thereafter, in the amount approved by resolution by the Fresno COG Policy Board, be allocated from the Local Transportation Fund to the Fresno COG for the purpose of conducting Regional Transportation Planning.

Section 4. The City Council hereby requests that of the City’s total Transportation Fund Apportionment for fiscal year 2024-2025; and thereafter, in the amount approved by resolution by the Fresno COG Policy Board, be allocated to the Fresno County Rural Transit Agency for the purpose of conducting a transportation program consistent with the adopted Regional Transportation Plan.

Section 5. The City further agrees to provide the Fresno COG with such information as may be necessary to support its annual transportation claim.

Section 7. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
49 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Selma on this 3rd day of February 2025, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Attest: ___________________________
Scott Robertson, Mayor

_________________________________
Mary J. Vanegas, Deputy City Clerk
50 Enter Date: 1/27/2025 Claimant Name: City of Selma
From: Applicant:

Address:

City/State/Zip:

Contact Phone/email:

Local Transportation Fund
Apportionment: $ 1,408,743.00
Unexpended, Held by Claimant:

Other Agency:

State Transit Assistance Fund
Estimate: $ 289,733.00
Unexpended, Held in Trust: $ -
Other
Other:

TOTAL
$ 1,698,476.00
Please print and sign after completing form
Authorized Signature:

Name/Title:

Date:

Selma, CA 93662
Fernando Santillan, City Manager
TRANSPORTATION FUNDING CLAIM FOR FISCAL YEAR: 2024/25
Instructions: Please note that each page of this claim is a separate worksheet, please click through all tabs and complete. Also note that light yellow fields require an entry if applicable, light grey fields contain formulas that will automatically calculate based on corresponding entries. A date and claimant name field is at the top of the first page, and automatically repeats on following pages, (date should be formatted 00/00/0000) When completed, please print, sign and send signed original via mail to:

Les Beshears, Director of Finance, Fresno Council of Governments, 2035 Tulare Street, Suite 201, Fresno, CA 93721
City of Selma
1710 Tucker St.

TRANSPORTATION FUNDING CLAIM DETAIL FOR FISCAL YEAR: 2024/25

PURPOSE AMOUNT SUBTOTAL

1. Bicycle & Pedestrian Facilities:

Article 3: $ 28,171.00
Article 8a:

Audit Exceptions (General Fund Payback);
Unexpended Funds, Held by Claimant:
$ 28,171.00

2. Regional Transportation Planning: $ 39,341.00 $ 39,341.00

3. Public Transportation State Transit Assistance Funds (STA): $ - Other:
$ -

4. Community Transit Service CTSA, Article 4.5: $ 69,221.00 $ 69,221.00

5. Streets & Roads: Article 8a: $ 868,824.00
Unexpended Funds, Held by Claimant:
$ 868,824.00

6. To Be Claimed By:

Fresno County Rural Transit Agency LTF: $ 403,186.00
Fresno County Rural Transit Agency STA: $ 289,733.00
Other $ -
$ 692,919.00

7. Reserve in Fund Pending Further Claiming $ -
GRAND TOTAL $ 1,698,476.00
Claim Total Must Agree With Total on First Page $ 1,698,476.00 Minus Non Transit Claims $ 801,481.00
GRAND TOTAL PAYABLE TO CLAIMANT $ 896,995.00
Allocation instructions and payment by the Fresno County Auditor-Controller to the applicant is subject to such monies being available for distribution, and to the provisions that such monies will be used only in accordance with the rules and regulations of the Transportation Development Act.

City of Selma
52 Enter Date: 1/27/2025 Claimant Name:

PROJECT TITLE & BRIEF DESCRIPTION PROJECT COST

1. Various Bicycle & Pedestrian Facilities throughout the claimant's jurisdiction: $ 28,171.00 AND/OR:
$ -
$ -
$ -
TOTAL PROJECT COSTS $ 28,171.00

PROJECT TITLE & BRIEF DESCRIPTION PROJECT COST
$ 868,824.00
AND/OR: $ -
$ -
$ -
$ -
TOTAL PROJECT COSTS $ 868,824.00
City of Selma
Other - describe briefly if applicable:

Other - describe briefly if applicable:

BICYCLE AND PEDESTRIAN FACILITIES FOR FISCAL YEAR: 2024/25 Two percent (2%) of the claimant’s Local Transportation Fund apportionment must be spent on bicycle and pedestrian facilities (PUC 99233.3 and 99234); such claims are to be filed as Article 3. Claims for projects in excess of 2% may be filed as Article 8a (PUC 99400(a)). If other funding is to be used with Local Transportation Funds to implement projects, such funding should be shown on the claim form.

Other - describe briefly if applicable:

STREETS AND ROADS CLAIM FOR FISCAL YEAR: 2024/25

1. Development, Construction & Maintenance Facilities throughout the claimant's jurisdiction:
53 Enter Date: 1/27/2025 Claimant Name:

CONTINGENCY PROJECT LISTING FOR FISCAL YEAR: 2024/25
CHECK ALL THAT APPLY (Enter "X" in yellow box)

BICYCLE AND PEDESTRIAN FACILITIES PUBLIC TRANSPORTATION STREETS & ROADS X Article 3 X Article 4 X Article 8a

STANDARD ASSURANCES FOR CLAIMANTS
CLAIMANT ASSURANCES: (initial yellow box all that apply) X
X
The undersigned hereby certifies that the above statements are true and correct.

Please print and sign after completing form
Name/Title:

Date:

Authorized
Signature:

B. Claimant certifies that it has submitted a State Controller Report to the RTPA and to the State Controller, pursuant to PUC 99243.
54 RESOLUTION NO. 2013 - 27R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA

SUBMITTING A CLAIM FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS CONTINUING FROM THE 2013-2014 FISCAL YEAR, THEREBY COINCIDING WITH THE

FRESNO COUNCIL OF GOVERNMENTS POLICY BOARD APPROVAL OF TDA FUNDS

APPORTIONMENT AND TDA CLAIMS PROCESS
WHEREAS, the City of Selma hereby submits a TDA Funding Claim for the Local Transportation Fund, and State Transit Assistance Fund of Fresno County continuing from fiscal year 2013-2014; and thereafter
WHEREAS, the Fresno COG has the authority to review claims and allocate such funds in accordance with the Transportation Development Act of 1971 and Chapter 3 of Title 21 of the California Administrative Code; and
WHEREAS, the Fresno COG encourages inter-jurisdictional coordination of transportation needs and increased coordination of transportation implementation plans.

BE IT FURTHER RESOLVED, that the City Council of the City of Selma hereby requests that of the City's total Transportation Fund Apportionment for fiscal year 2013-2014; and thereafter, in the amount approved by resolution by the Fresno COG Policy Board, be allocated to the Fresno County Rural Transit Agency for the purpose of conducting a transportation program consistent with the adopted Regional Transportation Plan.

BE IT FURTHER RESOLVED, that the named applicant further agrees to provide the Fresno COG with such information as may be necessary to support its annual transportation claim.

The foregoing resolution was duly adopted by the Selma City Council at a regular meeting held on the l" day of July 2013, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT 86018 01/09/25 Printed ADVENTIST HEALTH TULARE PD -BLOOD SCREENING SEPTEMBER 2024 351.00 86019 01/09/25 Printed ANTHONY AGUILAR PD -FILED TRAINING COURSE PER DIEM 1/12-1/17/25 355.00 86020 01/09/25 Printed AIRGAS USA LLC ECO DEV -CVTC OXYGEN SUPPLIES R 30.54 86021 01/09/25 Printed ALTA LANGUAGE SERVICES, INC. HR -LISTENING & SPEAKING TEST 69.00 86022 01/09/25 Printed ALTEC, INC. FLEET -REPAIRS TO BUCKET TRUCK UNIT#2600 39,935.16 86023 01/09/25 Printed AT&T FIN -TELEPHONE SERVICE DECEMBER 2024 38.84 86024 01/09/25 Printed AT&T FIN -INTERNET FOR WEED & SEED 12/11/24-1/10/25 127.69 86025 01/09/25 Printed AT&T PD -SEARCH WARRANT PING 950.00 86026 01/09/25 Printed AT&T MOBILITY FIN -TELEPHONE MDT'S 11/12/24-12/11/24 1,825.42 86027 01/09/25 Printed AXON ENTERPRISES, INC. PD -BODY WORN CAMERAS 69,380.83 86028 01/09/25 Printed CENCAL AUTO & TRUCK PARTS, INC FLEET -AUTO PARTS 183.46 86029 01/09/25 Printed COOL AIR SPECIALTY, INC. PW -SERVICE EMT FACILITY HVAC 174.00 86030 01/09/25 Printed DATAPATH LLC IT -HARDWARE TECH SUPPORT 6,364.35 86031 01/09/25 Printed DAWSON-MAULDIN LLC PW -PROGRESS PAY#4 AMBERWOOD SEWER TRUNK 1,290,880.99 86032 01/09/25 Printed DELTA DENTAL OF CALIFORNIA HR -DENTAL CLAIMS 12/6/24-12/26/24 9,661.00 86033 01/09/25 Printed FRESNO COUNTY EDC ECO DEV -CVTC OCTOBER 2024 R 54,386.33 86034 01/09/25 Printed FRESNO COUNTY FIRE FD -UNIT#8513 REPAIRS 199.58 86035 01/09/25 Printed RENE GARZA PD -COMMAND COLLEGE PER DIEM 1/25/25-1/31/25 325.00 86036 01/09/25 Printed GUGU & ISHER VETERINARY INC /

SELMA PET CLINIC
ANML SVCS -VETERINARY SERVICES 333.75
86037 01/09/25 Printed HENRY SCHEIN INC. FD -MEDICAL SUPPLIES 327.53 86038 01/09/25 Printed MARCUS HENRY PD -FIELD TRAINING COURSE PER DIEM 1/12/25-1/17/25 355.00 86039 01/09/25 Printed J&A DRUG TESTING INC HR -EMPLOYEE DRUG & ALCOHOL TESTING 563.00 86040 01/09/25 Printed LIEBERT, CASSIDY, WHITMORE HR -LEGAL SERVICES NOVEMBER 2024 450.00 86041 01/09/25 Printed MID VALLEY DISPOSAL LLC FIN -GARBAGE NOVEMBER 2024 120,913.57 86042 01/09/25 Printed MIKE OZ LLC / FRESNO EATS ECO DEV -DJ FOR DOWNTOWN SUMMER EVENTS 800.00 86043 01/09/25 Printed NAVITAS CREDIT CORP HR -PHONE SYSTEM JANUARY 2025 2,162.67 86044 01/09/25 Printed NELSON'S HARDWARE, INC. ECO DEV -CVTC SUPPLIES R 2,002.70 86045 01/09/25 Printed PAUL JACOBS CONSTRUCTION INC PD -BOARD UP 2557 JACKSON ST R 1,940.15 86046 01/09/25 Printed PG&E FIN -UTILITIES DECEMBER 2024 21,760.07 86047 01/09/25 Printed PG&E FIN -UTILITIES DECEMBER 2024 20.50 86048 01/09/25 Printed PIPKIN DETECTIVE AGENCY INC. HR -PRE EMPLOYMENT BACKGROUNDS 594.00 86049 01/09/25 Printed QUAD KNOPF, INC. PLANNING -PROFESSIONAL SERVICES 10/27/24-11/23/24 PARTIAL R 6,359.70 86050 01/09/25 Printed ROBERT HALF FINANCE & ACCOUNTING HR -SENIOR ACCOUNTANT & BOOKKEEPER WEEK ENDING 12/13-12/27 11,792.00 86051 01/09/25 Printed RRM DESIGN GROUP COMM SERV -THOMPSON PARK PROJECT DECEMBER 2024 G 1,677.50 86052 01/09/25 Printed SPARKLETTS ECO DEV -CVTC WATER SERVICE R 52.99 86053 01/09/25 Printed SPARKLETTS ECO DEV -CVTC WATER SERVICE R 55.61 86054 01/09/25 Printed UNITY IT PD -HP PRO MINI 400 DESKTOPS, MANAGED SERVICE 11/1-11/30/24 7,354.61 86055 01/09/25 Printed VALLEY SHREDDING LLC PD -96 GALLON RECYCLE SHREDDING ON SITE 90.00 86056 01/09/25 Printed RICK WATSON / YELLOW DOG SIGNS &

GRAPHICS
COMM SERV -PROPOSITION 68 SIGNS 493.07
86057 01/09/25 Printed WILLDAN ENGINEERING BLDG -PROFESSIONAL SERVICES THROUGH 11/22/24 1,440.00 86058 01/17/25 Printed RINCON CONSULTANTS, INC. FIN -ZONING ORDINANCE UPDATE 5,945.25 86059 01/22/25 Printed AIRGAS USA LLC FIN -CVTC OXYGEN SUPPLIES R 32.44 86060 01/22/25 Printed AT&T FIN -PD FIRE ALARM 12/20/24-1/19/25 393.75 86061 01/22/25 Printed AT&T FIN -PD LOGGING RECORDER 12/23/24-1/22/25 474.37 86062 01/22/25 Printed AT&T FIN -TELEPHONE 12/4-1/3/25 1,749.64 86063 01/22/25 Printed AT&T FIN -TELEPHONE 12/4-1/3/25 116.10 86064 01/22/25 Printed AT&T FIN -TELEPHONE 12/4-1/3/25 111.00 86065 01/22/25 Printed AT&T MOBILITY FIN -TELEPHONE MDT'S 12/1/24-12/31/24 389.07 86066 01/22/25 Printed BANNER PEST CONTROL INC FIN -PEST CONTROL DECEMBER 2024 496.00 86067 01/22/25 Printed BIG STATE INDUSTRIAL SUPPLY PW -SAFETY GLASSES 117.56 86068 01/22/25 Printed BOUND TREE MEDICAL LLC FD -MEDICAL SUPPLIES 71.88 86069 01/22/25 Printed JAY W. BROCK / TOP DOG TRAINING
CENTER
PD -SERVICE MAINTENANCE TRAINING 12/23/24 90.00
86070 01/22/25 Printed CALIFORNIA TURF EQUIPMENT &
SUPPLY
PW -PARKS MAINTENANCE & EQUIPMENT SUPPLIES 950.98
86071 01/22/25 Printed CALIFORNIA WATER SERVICE FIN -WATER SERVICE DECEMBER 2024 15,774.11 86072 01/22/25 Printed ROD CARSEY / ROD CARSEY

CONSULTING
BLDG -PLAN CHECKS DECEMBER 2024 7,662.19
86073-
86074
01/22/25 Printed CENCAL AUTO & TRUCK PARTS, INC FLEET -AUTO PARTS 2,279.63 86075 01/22/25 Printed CENTRAL CALIFORNIA SPCA ANML SVCS -VETERINARY SERVICES 951.00 86076 01/22/25 Printed CENTRAL SANITARY SUPPLY, LLC. PW -JANITORIAL SUPPLIES 985.14 86077 01/22/25 Printed JONATHAN CHACON PD -SUPERVISORY COURSE TRAINING PER DIEM 1/27-2/7/25 150.00 86078-
86081
01/22/25 Printed CINTAS CORPORATION NO. 2 PW -UNIFORMS/TOWELS/MOPS 12/4-12/27/24 6,079.40 86082 01/22/25 Printed CISCO SYSTEMS CAPITAL CRP FIN -MONTHLY LEASE PAYMENT 1,375.84 86083 01/22/25 Printed CITY OF FRESNO PD -POLICE RTC RENTAL FEES FOR 30 SHOOTERS 12/16-12/20/24 540.00 86084 01/22/25 Printed CITY OF SELMA / COMM SERVICES COMM SERV -PETTY CASH REIMBURSEMENT 100.00 86085 01/22/25 Printed CITYGREEN CONSULTING, LLC PW -SB1383 COMPLIANCE SOFTWARE NOV 24-SEPT 25 R 10,000.00 86086 01/22/25 Printed COBRA PROFESSIONALS, INC. HR -FSA ADMINISTRATION FEE 10/1/24-12/31/24 204.00

CHECK REGISTER REPORT
56 CHECK
NUMBER
CHECK

DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT

CHECK REGISTER REPORT
86087 01/22/25 Printed COLUMN SOFTWARE PBC PLANNING -PH NOTICE 197.30 86088 01/22/25 Printed COMCAST FIN -T1 CONNECTION FROM PD TO FCSO DECEMBER 2024 741.68 86089 01/22/25 Printed COMCAST FIN -INTERNET SERVICE JANUARY 2025 821.45 86090 01/22/25 Printed CONSOLIDATED ELECTRICAL PW -TIMER FOR VET. PLAZA, LED T8 BALLAST 968.29 86091 01/22/25 Printed COOL AIR SPECIALTY, INC. PW -HP MOTOR FOR EMS FACILITY 670.00 86092 01/22/25 Printed COUNTY OF FRESNO TREASURER FD -WEIGHTS & MEASURES FOR AMBULANCE ODOMETERS 911.00 86093 01/22/25 Printed CROWN SERVICES CORPORATION FD -PORT A POTTY FOR TRAINING GROUNDS 201.88 86094 01/22/25 Printed CSMFO FIN -MEMBERSHIPS & CONFERENCE REGISTRATIONS 1,550.00 86095 01/22/25 Printed DATA TICKET, INC. PD -MONTHLY PARKING CITATIONS JUNE 2024 400.00 86096 01/22/25 Printed DELTA DENTAL OF CALIFORNIA HR -DENTAL CLAIMS 12/27/24-1/9/25 5,524.00 86097 01/22/25 Printed DEPARTMENT OF JUSTICE PD -BLOOD ALCOHOL ANALYSIS NOVEMBER 2024 280.00 86098 01/22/25 Printed DIVISION OF THE STATE FIN -ADA FEE 10/1/24-12/31/24 R 145.20 86099 01/22/25 Printed YESENIA ESPINOZA / BLOOMIE'S
FLORAL
ADMIN -PLANTS FOR EMPLOYEES 219.84
86100 01/22/25 Printed FORTNERS AUTO SERV & TOWING FD -AMB 552 TOW SERVICE 350.00 86101 01/22/25 Printed FRESNO COUNTY EDC ECO DEV -CVTC NOVEMBER 2024 R 49,063.22 86102-
86103
01/22/25 Printed FRESNO COUNTY FIRE FD -ENGINE GRAPHICS AND REPAIRS 36,955.91 86104 01/22/25 Printed FRESNO COUNTY SHERIFF PD -RMS/JMS/CAD ACCESS FEE DECEMBER 2024 487.42 86105 01/22/25 Printed FRESNO M LLC / MERCEDES BENZ OF
FRESNO
FD -AMB 553 TRANSMISSION SERVICE 818.97
86106 01/22/25 Printed FRESNO OXYGEN FD -MEDICAL OXYGEN 536.76 86107 01/22/25 Printed JUANA GONZALEZ HR -DMV MEDICAL FOR CLASS B REIMBURSEMENT 94.00 86108 01/22/25 Printed GOVERNMENT FINANCE OFFICERS FIN -GFOA MEMBERSHIP 150.00 86109 01/22/25 Printed GRISWOLD, LASALLE, COBB, DOWD CITY ATTORNEY -LEGAL FEES DECEMBER 2024 10,243.50 86110 01/22/25 Printed GUGU & ISHER VETERINARY INC /

SELMA PET CLINIC
ANML SVCS -VETERINARY SERVICES 552.70
86111 01/22/25 Printed HEALTHWISE SERVICES, LLC PD -38 GALLON PHARM KIOSK CONTAINER R 177.36 86112 01/22/25 Printed HENRY SCHEIN INC. FD -MEDICAL SUPPLIES 330.35 86113-
86115
01/22/25 Printed HOME DEPOT ECO DEV -CVTC CONSTRUCTION MATERIAL R 4,502.95 86116 01/22/25 Printed HONEYWELL ANALYTICS INC. FD -POSI CHECK CALIBRATION 1,190.00 86117 01/22/25 Printed HPS MECHANICAL, INC. ENG -PROGRESS PAYMENT #3 CLARKSON LIFT STATION 314,469.95 86118 01/22/25 Printed JAM SERVICES, INC. PW -TRAFFIC SIGNAL VISORS 976.28 86119 01/22/25 Printed JOHNSON CONTROLS SECURITY ADMIN -ALARM SERVICES 1/1/25-3/31/25 4,712.90 86120 01/22/25 Printed JORGENSEN & COMPANY PW -FIRE EXTINGUISHER ANNUAL PIONEER VILLAGE 423.76 86121 01/22/25 Printed JEFF KESTLY HR -RETIREE MEDICAL PREMIUM REIMBURSEMENT 209.77 86122 01/22/25 Printed KOEFRAN INDUSTRIES, INC. ANML SVCS -ANIMAL SHELTER DISPOSAL 250.00 86123 01/22/25 Printed JONATHON KUTKA FD -NAME PLATE REIMBURSEMENT 41.06 86124 01/22/25 Printed TIM J LAW / LAW & ASSOCIATES

INVESTIGATION
HR -PUBLIC SAFETY BACKGROUNDS 1,600.00
86125 01/22/25 Printed LEGENDS TAP HOUSE & GRILL ECO DEV -CVTC JOB FAIR R 1,089.75 86126 01/22/25 Printed LES SCHWAB TIRE CENTERS OF FLEET -VEHICLE/TIRE SERVICES 4,912.69 86127 01/22/25 Printed LEXISNEXIS COPLOGIC SOLUTIONS PD -ONLINE REPORTING SYSTEM 12/1/24-12/31/24 960.00 86128 01/22/25 Printed MEDLINE INDUSTRIES, INC. FD -MEDICAL SUPPLIES 1,306.49 86129 01/22/25 Printed METRO UNIFORM PD -RAZOR BODY ARMOR 2,332.22 86130 01/22/25 Printed MID VALLEY DISPOSAL LLC PW -SWEEPER DISPOSAL NOVEMBER & DECEMBER 2024 3,111.60 86131 01/22/25 Printed MYERS STEVENS & TOOHEY & CO. HR -POLICE EMPLOYEES LIFE INS JANUARY 2025 684.00 86132-
86135
01/22/25 Printed ODP BUSINESS SOLUTIONS LLC ADMIN -OFFICE SUPPLIES 3,391.56 86136 01/22/25 Printed OOSOSHARP, LLC / SHARP

AMBULANCE BILLING
FD -AMBULANCE BILLING DECEMBER 2024 15,047.74
86137 01/22/25 Printed OPENGOV, INC. FIN -BUDGETING & PLANNING 1/1/25-12/31/25 22,050.00 86138 01/22/25 Printed CHRISTOPHER ORTIZ-BELCHER COMM SERV -SAC 2025 MARKETING 1,777.32 86139 01/22/25 Printed PG&E FIN -UTILITIES DECEMBER 2024 326.24 86140 01/22/25 Printed PG&E FIN -UTILITIES DECEMBER 2024 36,218.46 86141 01/22/25 Printed PG&E FIN -UTILITIES DECEMBER 2024 6,269.91 86142 01/22/25 Printed PG&E FIN -UTILITIES DECEMBER 2024 303.98 86143 01/22/25 Printed PINNACLE TRAINING SYSTEMS FD -ANNUAL PHYSICALS 18,018.00 86144 01/22/25 Printed PITNEY BOWES BANK INC FIN -POSTAGE REFILL FOR CITY HALL 1,045.99 86145 01/22/25 Printed PRINTING SYSTEMS, INC. HR -PAYROLL TAX FORMS 2024 W2S 230.53 86146 01/22/25 Printed QUAD KNOPF, INC. PLANNING -PROFESSIONAL SERVICES 11/24/24-12/21/24 PARTIAL R 6,508.50 86147 01/22/25 Printed ROBERT HALF FINANCE & ACCOUNTING HR -SENIOR ACCOUNTANT & BOOKKEEPER WEEK ENDING 1/3/25 3,096.00 86148 01/22/25 Printed SAM JORGENSEN PUMP CO. INC PW -INSTALLED NEW OL ON PUMPS FRONT ST LIFT STATIONS 681.36 86149 01/22/25 Printed SESAC, INC. COMM SERV -MUSIC PERFORMANCE LICENSE 610.00 86150 01/22/25 Printed SIERRA CONSTRUCTION &

EXCAVATION INC
PW -PROGRESS PAY#8 STORM DRAIN IMPROVEMENT G 342,659.30 86151 01/22/25 Printed SITEONE LANDSCAPE SUPPLY, LLC. PW -IRRIGATION SUPPLIES 3,469.89 86152 01/22/25 Printed SOCIAL VOCATIONAL SERVICES INC /

EMPLOY AMERICA
PW -RESTROOM MAINTENANCE DECEMBER 2024 1,238.40
86153 01/22/25 Printed SOUTH COUNTY VETERINARY ANML SVCS -VETERINARY SERVICES 141.00 86154 01/22/25 Printed SPECTRUMVOIP, INC. IT -PHONE SYSTEM/FCC MANDATED E911 FEE 62.35 86155 01/22/25 Printed SUN LIFE HR -MONTHLY PREMIUM FEBRUARY 2025 2,387.32 57 CHECK
NUMBER
CHECK

DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT

CHECK REGISTER REPORT
86156 01/22/25 Printed SWANSON-FAHRNEY FORD SALES INC FD -UNIT#8560 ALIGNMENT/ADJUST 1,638.16 86157 01/22/25 Printed TAG-AMS, INC. HR -DOT REQUIRED RANDOM DRUG TESTING 130.00 86158 01/22/25 Printed THE DANCING SCHOOL COMM SERV -REIMBURSEMENT FOR THE NUTTY NUTCRACKER 7,449.22 86159 01/22/25 Printed THE ELBERT GROUP INC FLEET -SYNTHETIC TRANSMISSION FLUID 739.89 86160 01/22/25 Printed TIFCO INDUSTRIES, INC. PW -RETRACTABLE RATCHES 433.47 86161 01/22/25 Printed TRU-TRAILERS FLEET -UNIT#2110 MODIFICATIONS 917.72 86162 01/22/25 Printed RUSSELL & MARIE TYGART / UNIQUELY YOURS
PD -STAFF UNIFORM LOGO 173.56
86163 01/22/25 Printed TYLER TECHNOLOGIES, INC. FIN -TYLER CONNECT 2025 CONFERENCE 1,199.00 86164 01/22/25 Printed U.S. BANK CORPORATE PMT SYSTEM FIN -CALCARD CHARGES 11/23/24-12/23/24 PARTIAL R 53,704.20 86165 01/22/25 Printed U.S. BANK EQUIPMENT FINANCE FIN -COPY MACHINE LEASES JANUARY 2025 2,402.05 86166 01/22/25 Printed VALLEY SHREDDING LLC PD -96 GALLON RECYCLE SHREDDING ON SITE 90.00 86167 01/22/25 Printed VERIZON FD -VEHICLE TRACKING DECEMBER 2024 94.75 86168 01/22/25 Printed VERIZON WIRELESS FIN -CELL PHONES & AIRCARDS 11/19/24-12/18/24 3,742.70 86169 01/22/25 Printed VINCENT COMMUNICATIONS INC FD -RADIO REPAIRS 265.19 86170 01/22/25 Printed DANIEL VIVEROS / D&G FENCE PW -RETENTION FOR BRENTLINGER FENCE REPLACEMENT 6,537.26 86171-
86175
01/22/25 Printed YAMABE & HORN ENGINEERING, INC COMM DEV -ENGINEERING SERVICES NOVEMBER 2024 PARTIAL R 165,854.14 TOTAL 2,879,885.37
Grant: G PD State Appropriation: PDSA (457) Reimbursement: R 01/09/25 CA DEPT OF HEALTH FD -PP GEMT IGT 116,920.32
01/09/25 IRG MASTER ECO DEV -CVTC DEC LEASE ADJUSTMENT R 1,576.50 01/09/25 US BANK FIN -GENERAL OBLIGATION BOND 64,106.25 01/23/25 IRG MASTER ECO DEV -CVTC FEB 2025 RENT R 13,800.65 01/23/25 IRG MASTER ECO DEV -CVTC UTILITIES 9/14/24-12/22/24 R 2,424.48 01/23/25 US BANK FIN -2024A LEASE BOND AMBERWOOD PROJECT 316,501.30 01/23/25 US BANK FIN -TABABLE PENSION OBLIGATION BOND SERIES 2022 306,525.50

WIRE/EFT
58 CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: February 3, 2025
_________________________________________________________________________________ ITEM NO: 3-1
SUBJECT: Public Hearing - Amberwood Development Agreement and Environmental Impact Report (EIR) Addendum.

BACKGROUND:

On November 2, 2015, the City certified the Final Environmental Impact Report (State Clearinghouse No. 200710000235) along with the approval of the Amberwood Specific Plan, which comprises approximately 67- acres of residential, commercial, institutional, and park space for future development. Since the initial approval, a tentative subdivision map and annexation were approved in June 2021, allowing the development of 270 single-family lots with a neighborhood park to be constructed in the first phase of the project.

DISCUSSION:

The property owner, BAK Limited, LLC, along with Lennar Homes, has proposed a Development Agreement to formalize commitments between the City and the project proponents, providing a clear framework for implementing the Amberwood Specific Plan. It ensures the development of necessary infrastructure, supports economic growth, and delivers long-term community benefits in alignment with the City’s General Plan.

Additionally, an Environmental Impact Report Addendum consistent with the provisions of the California Environmental Quality Act (CEQA) has been prepared to support the Development Agreement, as some aspects of the project, such as the use of private roads or lakes, required further clarification and subsequent refinement of associated mitigation measures, if applicable.

Development Agreement Overview
The Selma Municipal Code (SMC) governs development agreements under the authority of California Government Code Section 65864 et seq., allowing the City to enter into legally binding contracts with developers. These agreements are designed to ensure consistency with the City’s General Plan and to provide clear commitments from both the City and developers.

Development agreements specify permissible land uses, outline infrastructure and community benefits, and create long-term legal certainty for both parties.

SMC Section 11-7.10 of the Selma Zoning Code specifically regulates the implementation and enforcement of development agreements. This section establishes the procedural framework for the review, approval, and monitoring of these agreements. It includes requirements for public hearings, compliance reviews, and consistency with applicable local and state standards, ensuring the agreements promote orderly growth and align with the City’s General Plan objectives.
59 The Draft Development Agreement for the Amberwood Specific Plan establishes a framework of commitments between the City and the project proponents, Lennar Homes and other involved parties. This agreement provides clarity and stability for the development process, fostering economic growth and community enhancements. Key provisions include the development of public infrastructure, the establishment of parks and community facilities, and mechanisms to generate long-term revenue for the City. The agreement is designed to support the City’s General Plan objectives while ensuring that the project meets both current and future community needs.

The key points of the Development Agreement include:

1. Stability for Development: Establishes vested rights for the developer, reducing regulatory uncertainty and encouraging investment in Selma for a term of 25 years.

2. Infrastructure Development: Includes agreements for public infrastructure improvements benefiting the City and regional users.

3. Economic Growth: Provides jobs, increases tax revenues, and reduces economic leakage to other communities by supporting local business activity.

4. Community Enhancements:
a. Development of previously fallow agricultural land into productive residential and commercial areas.
b. Establishment of public parks, school sites, and other community facilities.

5. Public Street Maintenance: Allows local streets to be publicly maintained, reducing reliance on private homeowner associations and ensuring equitable infrastructure upkeep.

Environmental Impact Report Addendum Overview
The addendum to the Environmental Impact Report (EIR) is needed to evaluate proposed changes to the Amberwood Specific Plan, specifically regarding the designation of local streets as public instead of private, ensuring compliance with the California Environmental Quality Act (CEQA). Under CEQA Guidelines Section 15164, an addendum is appropriate when minor changes to a project do not result in new significant environmental effects or a substantial increase in the severity of previously identified impacts, eliminating the need for a subsequent or supplemental EIR (Sections 15162 and 15163). The following items were changed
The project description refinements primarily address the designation of local streets as public instead of private. This necessitated an addendum under CEQA to analyze whether changes would result in significant new environmental impacts. As per CEQA Guidelines Section 15164, the addendum is appropriate as no new significant environmental effects or substantial increases in the severity of previously identified impacts were identified.

The Environmental Impact Report (EIR) Addendum confirms that the proposed modifications to the Amberwood Specific Plan do not create new significant environmental impacts or substantially increase the severity of previously identified impacts. Key changes evaluated include:

1. The reclassification of local streets from private to public, shifting maintenance responsibilities to the City.
60 2. Updates to traffic management plans to reflect revised roadway classifications.

3. Adjustments to mitigation measures for air quality and noise impacts based on updated project design elements.

4. Continued compliance with CEQA through consistent application of previously adopted mitigation measures, ensuring alignment with the City’s General Plan and state environmental regulations.

These updates ensure the project adheres to CEQA requirements while supporting sustainable urban development and infrastructure improvements in the City of Selma.

FISCAL IMPACT:

The short- and long-term fiscal impacts to the City’s General Fund would primarily arise from non-enterprise-funded activities and revenue streams. The Development Agreement’s shortterm deferral of impact fees could temporarily delay revenue to specific funds but would not directly impact the General Fund. Long-term benefits to the General Fund include increased property tax revenues and potentially higher sales tax revenues from new residents and commercial activity. Services tied to the enterprise fund, such as water or sewer, would be financially self-sustaining, with user fees funding operations and infrastructure maintenance, thereby isolating fiscal impacts from the General Fund. _________________________________________________________________________________ RECOMMENDATION: It is recommended that the City Council adopt a resolution approving the Development Agreement and certifying the EIR Addendum in accordance with the California Environmental Quality Act.
_________________________________________________________________________________ ______/s/_______________________________ January 28, 2025 ____________ Jerome Keene Date
Deputy City Manager
________________________________________ January 28, 2025 ____________ Fernando Santillan Date
City Manager
Attachments:

1. Resolution

2. Draft Development Agreement

3. EIR Addendum
61 RESOLUTION NO. 2025 – XXR

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA

APPROVING AMBERWOOD DEVELOPMENT AGREEMENT AND CERTIFICATION

OF ENVIRONMENTAL IMPACT REPORT ADDENDUM
WHEREAS, the City approved the Amberwood Specific Plan and certified a Environmental Impact Report (EIR) on November 2, 2015; and WHEREAS, the property owner, BAK Limited, LLC, and developer, Lennar Homes, desire to enter into a Development Agreement with the City of Selma to formalize commitments between the City and the project proponents, providing a clear framework for implementing the Amberwood Specific Plan; and
WHEREAS, the Development Agreement is considered a project under the California Environmental Quality Act; and,
WHEREAS, the Development Agreement is considered a project under the California Environmental Quality Act; and,
WHEREAS, under CEQA Guidelines Section 15164, an addendum is appropriate for minor changes to a project that do not result in new significant environmental effects or a substantial increase in the severity of previously identified impacts, eliminating the need for a subsequent or supplemental EIR (Sections 15162 and 15163); and WHEREAS, the City Council held a duly notice public hearing on February 3, 2025; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

Section 1: The above recitals are true and correct, and are incorporated herein by reference.

Section 2: Findings for Development Agreement. The City Council hereby adopts the Development Agreement set forth in Exhibit A for the term identified within the agreement based on the following:
a) Public Interest: The Development Agreement is consistent with the public interest and welfare.

The Development Agreement promotes the public interest and welfare by facilitating the orderly implementation of the Amberwood Specific Plan, which provides substantial community benefits such as new housing, public infrastructure, economic development, and increased tax revenues.
b) Consistency with the General Plan: The Development Agreement is consistent with the General Plan and any applicable specific plans.

The Development Agreement is consistent with the City’s General Plan and Zoning Code, as it aligns with designated land use goals and development standards for the Amberwood Specific Plan area, supporting balanced growth and infrastructure expansion. 62 c) Compliance with Zoning Code Requirements: The Development Agreement complies with the provisions of the Zoning Code, including any conditions, restrictions, or standards applicable to the agreement.

The Development Agreement complies with California Government Code Section 65864 et seq. and Selma Zoning Code Section 11-7.10, ensuring all procedural, substantive, and public notice requirements have been met.

Section 3: Findings for Certification of EIR Addendum. The City Council hereby adopts the Development Agreement set forth in Exhibit A for the term identified within the agreement based on the following:
a) Compliance with CEQA Requirements:

The EIR Addendum complies with the California Environmental Quality Act (CEQA) as outlined in CEQA Guidelines Sections 15164, 15162, and 15163. The addendum confirms that the proposed modifications to the project will not result in new significant environmental impacts or a substantial increase in the severity of previously identified impacts, and therefore, no subsequent or supplemental EIR is required.
b) Mitigation Monitoring and Reporting Program (MMRP):

All previously adopted mitigation measures from the certified EIR remain in effect and applicable to the modified project. A mitigation monitoring and reporting program is in place to ensure that all environmental commitments are properly implemented and monitored. c) Consistency with the General Plan and Specific Plan:

The proposed changes to the Amberwood Specific Plan, including the reclassification of local streets as public instead of private, are consistent with the City’s General Plan and the previously adopted Amberwood Specific Plan. The changes do not alter the fundamental objectives or land use designations of the plan.
d) No Substantial Changes in Circumstances:

The proposed changes do not result in substantial changes in project circumstances that would trigger the need for additional environmental review. The minor adjustments evaluated in the addendum are consistent with the scale and scope of the original project as analyzed in the certified EIR.
e) Public Benefits and Environmental Protection:

The modifications evaluated in the addendum, such as updated traffic management plans and refined mitigation measures, enhance public infrastructure and ensure continued compliance with state and local environmental policies. These changes support sustainable urban development and provide significant benefits to the community.

Section 4. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances. 63 Section 5. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED and ADOPTED at a Regular Meeting of the City Council of the City of Selma on this 3rd day of February, 2025, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
__________________________
Scott Robertson, Mayor
Attest:
________________________________
Mary J. Vanegas, Deputy City Clerk
64 DEVELOPMENT AGREEMENT
By and Among

THE CITY OF SELMA,

LENNAR HOMES OF CALIFORNIA, LLC,
and

SERIMIAN PARTIES
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into this ____ day of ______________, 2024, (the "Effective Date") by and among the City of Selma, a municipal corporation (the "City"), Lennar Homes of California, LLC ("Lennar"); BAK Limited, LLC, a California limited liability company, Marlon D. Serimian, a single man, David M. Serimian, a single man, and Leslie A. Morgan, a single woman (collectively, the ("Serimian Parties"), pursuant to the authority of section 65864 et seq. of the Government Code of the State of California.

Lennar and the Serimian Parties are sometimes referred to herein, collectively, as "the Owners", and singularly as "an Owner". The Owners, together with the City, are sometimes referred to herein as the "Parties" or a "Party".

RECITALS
A. Legal Authority. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted sections 65864, et seq. of the Government Code ("Development Agreement Law") authorizing any city, county or city and county to enter into a binding development agreement with an applicant for a development project.

B. Lennar's Interest in Land. Lennar is a California limited liability company, and has entered into Purchase and Sale Agreement to acquire fee title to the real property described on attached Exhibit A-1 (the "Lennar Property") located in the City of Selma, County of Fresno.

C. Serimian's Interest in Land. Each of the four (4) Serimian Parties own an undivided twenty five percent (25%) percent interest in fee title to the real property described on attached Exhibit A-2 (the "Serimian Property"), located in the City of Selma, County of Fresno. The Lennar Property and the Serimian Property are sometimes referred to herein, collectively, as the "Subject Property".

D. Project Description. On November 2, 2015, the City approved the Amberwood Specific Plan and its related Prezoning (Resolution No. 2015-68R). The Amberwood Specific Plan Project (the "Project") is a mixed use residential and commercial development project planned for a 690.7 acre site located in the northeastern portion of the City, East of Orange Avenue, and between Manning Avenue and Floral Avenue.

E. Excluded 20 Acres. The Subject Property is included within the boundaries of the Project, and comprises all but approximately twenty (20) acres of the property encompassed within the boundaries of the Project. The remaining twenty (20) acres (the "Excluded 20 Acres") is also owned by the Serimian Parties but is excluded from the terms of this Agreement, pursuant to Government Code section 65865(b), because the Excluded 20 Acres is not presently within the boundaries of the City's sphere of influence.

F. Development Approvals. The Project, together with the following development approvals (collectively, "Development Approvals") implementing certain elements of the Project, have been previously approved by the City:

1. On November 2, 2015, the City certified the Final Environmental Impact Report (State Clearinghouse No. 200710000235) (the "EIR") for the Amberwood Specific Plan Project (Resolution No. 2015- 68R), which included project-specific mitigation measures and a Statement of Overriding Considerations. 65 2. On June 21, 2021, the City approved the Initiation of Amberwood Specific Plan Reorganization (Annexation No. 2021-0002) (Amberwood Specific Plan Phase 1) (Resolution No. 2021-26R) (also referred to as the "Floral Dockery Northeast Reorganization"), to annex 94.53 acres of the Amberwood Specific Plan Area (including all of the Lennar Property) to the City and the Selma-Kingsburg-Fowler County Sanitation district and detaching from the Fresno County Fire Protection District, the Kings River Conservation District, and the Consolidated Irrigation district, which annexation was approved by the Fresno County Local Agency Formation Commission on October 13, 2021.

3. On July 6, 2021, the City approved the adoption of a Zone Change (prezoning) to change the Official Zoning Map to prezone the Lennar Property to R-M SP-AMB, pursuant to Ordinance No. 21-2, to allow for density of up to 9 DU/AC.

4. On June 21, 2021, the City approved Vesting Tentative Subdivision Map Tract 6244, to subdivide the Lennar Property into 270 lots for a total of 5.73 DW per net acre, with lots ranging in size from 3,944 SF to 13,154 SF, which density and lot sizes align with those allowed in the Amberwood Specific Plan RM zoning designation. Vesting Tentative Subdivision Map Tract 6244 ("Tract 6244") is attached as Exhibit B.

5. On April 17, 2023, the City approved a Reimbursement Agreement to secure development and repayment commitments from the Serimian Parties for public improvements being funded by the City.

6. Concurrent with the approval of this Agreement, the City shall have evaluated and approved an Addendum to the EIR to modify the mitigation requirements concerning the requirement that all local streets be established as private streets owned by a homeowner's association, and shall instead permit the dedication of local streets as public streets, if so designated on the approved Tract 6244 map or Subsequent Maps.

G. Subsequent Development Approvals. In addition to the Development Approvals, the development of the Subject Property will require various additional future land use and construction approvals from the City to implement the Project and the current Development Approvals ("Subsequent Development Approvals"). Subsequent Development Approvals may include but are not limited to: subdivision and parcel maps (vesting or otherwise) ("Subsequent Maps"), conditional use permits, site plans or other discretionary entitlements (collectively, "Subsequent Special Permits") and building permits.

H. Voluntary Agreement. This Agreement is voluntarily entered into by the Owners in order to implement the Project and in consideration of the rights conferred and the procedures specified herein for the development of the Subject Property. This Agreement is voluntarily entered into by the City in the exercise of its legislative discretion in order to implement the Project, and in consideration of the agreements and undertakings of the Owners hereunder.

I. Project Provides Substantial Benefits. This Agreement furthers the public health, safety and general welfare, and the provisions of this Agreement are consistent with the General Plan. For the reasons recited herein, the City and Owners have determined that the Project is a development for which this Agreement is appropriate. This Agreement will eliminate uncertainty regarding the Project, the Development Approvals and Subsequent Development Approvals, thereby encouraging planning for, investment in and commitment to use and develop the Subject Property. Continued use and development of the Subject Property is anticipated to, in turn, provide the following substantial benefits and contribute to the provision of needed infrastructure for area growth, thereby achieving the goals and purposes for which the Development Agreement Law was enacted (the "Public Benefits"):

1. Provide for the development of agricultural land that has fallen out of production.

2. Provide increased tax revenues for the City.
66 3. Provide for jobs and economic development in the City.

4. Provide infrastructure improvements that can be utilized by regional users and future users.

5. To help prevent leakage of sales to other communities, and provide greater economic activity within the City.

6. Meet the goals of the General Plan and the Amberwood Specific Plan.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Owners (each herein sometimes called a "Party" and jointly the "Parties") hereby agree as follows:

ARTICLE I

GENERAL PROVISIONS
100. Property Description and Binding Covenants. Lennar and the Serimian Parties represents that they have a legal or equitable interest in the Lennar Property and Serimian Property, respectively, and that all other persons holding legal or equitable interests in the Subject Property (excepting owners or claimants in easements) are bound by this Agreement. It is intended and determined that the provisions of this Agreement shall constitute covenants which shall run with the Subject Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties. Lennar and the Serimian Parties hereby warrant that any and all parties having record title interest at the time of execution of this Agreement in the Lennar Property and Serimian Property, respectively, which may ripen into a fee, have subordinated to this Agreement and that all such instruments of subordination, if any, are attached hereto and made a part of this Agreement. To the extent there exists any area of the Subject Property have has not yet been annexed to the City, said property shall be so annexed prior to expiration of the term of this Agreement as the same may be amended and the duration extended pursuant to the terms of Section 1000 of this Agreement. 101. Vested Rights. Each of Lennar and the Serimian Parties shall have a vested right to develop the their respective interests in the Subject Property for the period this Agreement is in effect in accordance with the Development Approvals, Subsequent Development Approvals, the provisions of this Agreement and Applicable Rules (as defined in Section 103). With respect to Lennar, such vested right includes rights it currently owns in the Lennar Property and any interests that it may subsequently acquire in any portion of the Serimian Property. To the extent not otherwise provided in this Agreement, the conditions of approval and mitigation measures in the Development Approvals related to dedications and reservation of easements are intended to meet the requirements of Government Code section 65865.2 related to a development agreement providing a provision for the reservation or dedication of land for a public purpose.
102. Permitted Uses. The permitted uses and the density and intensity of use of the Subject Property; the maximum height, bulk and size of the proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project, shall be as set forth in the Development Approvals and, as and when they are issued (but not in any limitation of any right to develop as set forth in the Development Approvals), any Subsequent Development Approvals.
103. Rules, Regulations and Official Policies.
67 (a) Applicable Rules, Regulations and Official Policies. For the Term of this Agreement, the rules, regulations, ordinances and official policies governing the permitted uses of land, density, design, improvement and construction standards and specifications applicable to the development of the Subject Property shall be the "Applicable Rules" as defined in this Section. The Applicable Rules are defined as those rules, regulations, and official policies set forth in: (i) the City's current General Plan; (ii) the Development Approvals (including the Amberwood Specific Plan and Tract 6244); (iii) this Agreement (including Exhibits); and, (iv) with respect to matters not addressed by these documents, those rules regulations, official policies, standards and specifications in force on the date of this Agreement, to the extent not inconsistent with the Development Approvals and this Agreement, including, without limitation, requirements governing building height, maximum floor area, permitted and conditionally permitted uses, floor area ratios, maximum lot coverage, building setbacks and stepbacks, parking, signage, landscaping, Exactions and dedications, growth management, environmental consideration, grading, and construction. The Applicable Rules shall also include, any changes in the General Plan, City of Selma Zoning Ordinance ("Zoning Ordinance") or any future rules, ordinances, regulations or policies adopted by the City which are made applicable by the provisions of Section 103(b).

Except as otherwise provided in this Agreement, to the extent any future changes in the General Plan, Zoning Ordinance or any future rules, ordinances, regulations or policies adopted by the City purport to be applicable to the development of the Subject Property but are inconsistent with the terms and conditions of this Agreement, the terms of this Agreement shall prevail, unless the Parties mutually agree to amend or modify this Agreement pursuant to Section 1000. Pursuant to Government Code section 65866(a), this Agreement shall not prevent the City, in subsequent actions applicable to the Subject Property, from applying new rules, regulations and policies that do not conflict with those rules, regulations, and policies applicable to the Subject Property hereunder, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of these existing or new rules, regulations, and policies.

To the extent not otherwise provided in this Agreement, the requirements of the Applicable Rules shall fulfill the requirements of Government Code section 65865.2 related to the agreement specifying allowed uses, allowed density and intensity of uses and maximum height and size of proposed buildings.
(b) Changes in State or Federal Law. This Section shall not preclude the application to the development of the Subject Property of changes in City laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in state or federal laws or regulations. In the event state or federal laws or regulations enacted after the date of this Agreement, or action by any governmental jurisdiction other than the City required by state or federal laws, prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, then the Parties shall meet and confer in good faith to determine the feasibility of modifying, extending or suspending one or more provisions of this Agreement as may be necessary to comply with such state or federal laws or regulations or the regulations of such other governmental jurisdiction required by state or federal laws.

To the extent that any actions of federal or state agencies (or actions of regional and local agencies, including the City, required by federal or state laws) have the effect of preventing, delaying or modifying development of the Subject Property, the City shall not in any manner be liable for any such prevention, delay or modification of said development. The Owner is required, at its cost and without cost to or obligation on the part of the City, to participate in such regional or local programs and to be subject to such development restrictions as may be necessary or appropriate by reason of such actions of federal or state agencies required by federal or state laws (or such actions of regional and local agencies, including the City, required by federal or state laws).
104. Moratorium, Initiatives and Conflicting Enactments. To the extent allowed by applicable law (and excepting a declaration of a local emergency or state emergency as defined in Government Code section 8558), if any ordinance, resolution or other measure is enacted subsequent to the Effective Date, whether by action 68 of City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development, or a voter-approval requirement which would otherwise affect the timely development of the Project or Development Approvals on all or any part of the Subject Property ("City Law"), City agrees that such ordinance, resolution or other measure shall not apply to the Subject Property, this Agreement, the Development Approvals, or the Subsequent Development Approvals, if any, during the Term. 105. Life of Development Approvals or Subsequent Development Approvals. The Term of this Agreement, any other Development Approval or Subsequent Development Approval shall not include any period of time during which any applicable development or utility moratorium, lawsuit or the actions of other public agencies that regulate land use, delays construction of the Project, to the extent allowed by applicable law. 106. City's Reservation of Authority. The Parties further acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions contained in this Agreement are intended to reserve to the City all of its police power and/or statutory or other legal powers or responsibilities that cannot be so limited. This Agreement shall be construed to reserve to the City all such power and authority which cannot be restricted by contract, including compliance with the California Environmental Quality Act (CEQA). Nor shall this Agreement be construed to limit the authority or obligation of the City to hold necessary public hearings, to limit the discretion of the City or any of its officers or officials with regard to rules, regulations, ordinances, laws, and entitlement of use which require the exercise of discretion by the City or any of its officers or officials.
107. Term. The term of this Agreement shall commence upon the effective date of the ordinance approving this Agreement, which shall be recorded with the County Recorder and shall extend for a period of twenty five (25) years.
108. Effect of Termination. Termination of this Agreement shall not: (a) alter, impair or otherwise affect any Development Approvals or Subsequent Development Approvals for the Project issued by the City prior to the date of Termination; or, (b) prevent, impair or delay any Owner from: (i) commencing, performing or completing the construction of any buildings or improvements in the Project pursuant to the Development Approvals or Subsequent Development Approvals; or, (ii) obtaining any certificates of occupancy or similar approvals from the City for the use and occupancy of completed buildings or improvements in Project, that were authorized pursuant to Development Approvals or Subsequent Approvals for such construction issued by the City prior to the date of Termination. Nothing herein shall preclude the City, in its discretion, from taking any action authorized by City laws to prevent, stop or correct any violation of City laws occurring before, during or after construction of the buildings and improvements in the Project by an Owner. 109. Recordation of Development Agreement. Pursuant to California Government Code section 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records of the County of Fresno. 110. Assignment of Interests, Rights and Obligations. An Owner may transfer or assign all or any portion of its interests, rights or obligations under this Agreement, the Development Approvals or Subsequent Development Approvals, to third parties acquiring an interest or estate in the Project Site or any portion thereof including, without limitation, purchasers or ground lessees of lots, parcels or facilities.

ARTICLE II

GENERAL OWNER OBLIGATIONS
200. City Development Impact Fees. Except as otherwise specifically set forth in this Article II or otherwise herein, with respect to Tract 6244, Lennar shall only pay to City those legally enforceable City Development Impact Fees and Exactions (as defined below") which were in effect on the effect on the date that the application for Tract 6244 was determined by the City to be substantially complete, which are detailed on 69 attached Exhibit D-1. Further, in the event Lennar applies for multiple grading or building permits covering portions or phases of Tract 6244, Lennar shall only pay those development impact fees (or prepare such study or studies) applicable to the portion or phase of Tract 6244 covered by the issued permit. In addition, for that portion of the Subject Property that excludes Tract 6244, any legally enforceable development impact fees and exactions that are imposed as a condition of any Subsequent Development Approval, shall be limited to those legally enforceable development impact fees and exactions which are in effect as of the Effective Date, as adjusted by periodic cost of living or similar indexed increases, decreases or adjustments to such fees and exactions as are applicable and in effect at the time such fees or exactions would otherwise be payable to City, provided, however that with respect to any Subsequent Development Approval that includes a Vesting Tentative Map, such fees and exactions shall be the development impact fees and exactions which are in effect as of the date that the application for such Vesting Tentative Map was determined by the City to be substantially complete. For convenience of reference the development impact fees and exactions which are in effect as of the Effective Date are detailed on attached Exhibit D-2. Notwithstanding the foregoing, the City shall defer payment of all City Development Impact Fees imposed during the Term of this Agreement until the issuance of an occupancy permit related to development of the Subject Property. In addition, notwithstanding the foregoing:
(a) Effective upon the twentieth (20th) annual anniversary of the Effective Date (the “Fee Reopener Date”), the City Development Impact Fees payable hereunder with respect to any Subsequent Development Approval shall be based upon City’s then-current City Development Impact Fees; and (b) Lennar or any Owner may, by a written request to the City, seek to amend this Agreement to have a new policy or program adopted by the City be made applicable to a Subsequent Development Approval (including a revised City Development Impact Fee schedule), even though such program or policy would otherwise not be applicable to the Project based on the vested rights applicable to City Development Impact Fees and Exactions described above.
201. Processing Fees; Permit Fees.
(a) Building Permit. Owners shall pay to City building permit fees in accordance with the City's building permit ordinance in effect at the time the applicable building permit is granted by City. (b) Processing Fees. Owners shall pay to City the City's reasonable application processing fees for Tract 6244 and the balance of the Subject Property in accordance with the City's fee schedule in effect at the time Owner submits the applicable Project application for processing. (c) LAFCO Processing Fees. Owners shall reimburse to the City the application and related processing fees that may be imposed by the Fresno County Local Agency Formation Commission (“LAFCO”) to conduct the annexation into the City of any portion of the Subject Property or the Excluded 20 Acres owned by such Owners, in circumstances where the City elects to initiate an application with LAFCO to conduct such annexation notwithstanding the fact that the Owners did not initiate such an application for such annexation with the City. The application and related processing fees referred to herein include, but are not limited to, application, transition, state recording, and other application annexation fees required to complete such annexation. 202. Timing of Development. Owners shall reasonably diligently pursue the development of Project in such phases and sequence as Owners determine in their sole discretion. In light of the foregoing and except as set forth in this Section, the Parties agree that Owners shall be able to develop in accordance with Owners' own time schedule as such schedule may exist from time to time, and Owners shall determine which part of the Subject Property to develop in which sequence, and at Owners' chosen schedule. In particular, and not in limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465, that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the Parties' desire to avoid that result by acknowledging that Owners shall have the right to 70 develop the Project in such order and at such rate and at such times as Owners deem appropriate within the exercise of their subjective business judgment.

Nothing in this Agreement shall exempt Owners from completing work required by a subdivision agreement, road improvement agreement or similar agreement for public improvements or similar agreements in accordance with the terms thereof.

ARTICLE III

GENERAL CITY OBLIGATIONS
300. Definitions.
(a) "City Application Fees" means fees levied or assessed by the City to review and process applications for Subsequent Development Approvals.
(b) "City Development Impact Fees" means any and all fees and assessments, other than City Application Fees, charged or required by the City as a condition of, or in connection with, the Development Approvals or a Subsequent Development Approval: (a) to defray, offset or otherwise cover the cost of public services, improvements or facilities; or (b) that are imposed for a public purpose. (c) "City Permits" collectively means any and all permits or approvals that are required under the Applicable Rules in order to develop, use and operate the Project, other than: (a) Subsequent Maps; and, (b) Subsequent Special Permits that the Owner may elect to obtain from the City. City Permits specifically include, without limitation, building permits and Technical City Permits. (d) "Exaction" means any exactions or mitigation measures, other than the payment of City Development Impact Fees and City Application Fees imposed by the City as a condition of, or in connection with Development Approvals or Subsequent Development Approvals. Exactions includes, without limitation: (a) a requirement for the dedication of any portion of the Project Area to the City or any other governmental agency; (b) an obligation for the construction of any on-site or off-site improvements; (c) an obligation to provide services; or, (d) the requirement to dedicate any easements, rights or privileges with respect to the Project or any portion thereof to the City or any other governmental agency.
(e) "Permitted Rules Revisions" collectively means the following: (a) any Minor Changes to this Agreement that are proposed by an Owner and approved by the City; (b) any Subsequent Development Approvals applied for by an Owner and approved by the City; (c) any Authorized Code Revisions under Section 308 that are uniformly applied on a City-wide basis; and (d) written amendments to this Agreement mutually executed by City and an Owner pursuant to Section 1000, provided that any amendment by only one of the Owners shall pertain solely to the real property owned by such Owner at the time of such amendment. (f) "Technical City Permits" collectively means any of the following technical permits issued by the City in connection with any building or improvement in the Project: (a) demolition, excavation and grading permits; (b) foundation permits; (c) permits for the installation of underground lines and facilities for utilities, including without limitation, water, sewer, storm drain and dry utilities (electrical, gas, phone and cable); (d) any encroachment permits; and (e) any street improvement permits, including without limitation, permits for street lighting and traffic signals. "Technical City Permits" specifically excludes building permits from the City for the construction of particular buildings or improvements in the Project. 301. Final Map. Pursuant to the requirements of the "Subdivision Map Act" (Government Code section 66410 et seq.) if at the time an Owner requests the City approve and record a "Final Map" (as defined in the Subdivision Map Act) for all or some of the parcels delineated in Tract 6244, that conform to the uses and densities detailed in current Amberwood Specific Plan RM zoning designation (which is detailed on Exhibit C), if 71 Owner has not complied with the applicable conditions of approval for a Final Map, as reasonably determined by the City Engineer, Owner shall execute a Subdivision Agreement with respect to the applicable property, provided that the Subdivision Agreement shall not impose City Development Fees or Exactions beyond those provided for below.
302. Vesting of Development Impact Fees. The City shall not impose Development Impact Fees except as described in Section 200 above.
303. Exactions.
(a) Tract 6244 Exactions. All of the Exactions that Lennar shall be required to perform or cause to be performed in connection with the development, construction, use and occupancy of the Project pursuant to the requirements of the Tract 6244, during the term of the Agreement (collectively, the "Tract 6244 Exactions"), and the timing requirements for the performance of such Exactions, are set forth in the Conditions of Approval adopted by the City Council on June 21, 2021 with respect to Tract 6244. Those Conditions of Approval are incorporated herein by this reference. The Tract 6244 Map Exactions include, without limitation, all Conditions of Approval imposed by the City to mitigate adverse impacts resulting from, and reasonably related to, the development of the improvements associated with the Project. A table describing such exactions is set forth as attached Exhibit D-3.
(b) Other Exactions. No improvements or other Exactions shall be imposed by the City in connection with the development, construction, use and occupancy of the Project beyond Tract 6244 except pursuant to the application of the Applicable Rules or discretionary Subsequent Development Approvals including, but not limited to, Subsequent Maps or Special Permits (the "Required Other Exactions"). Notwithstanding any provision in this Agreement to the contrary, if any Special Permits provide for uses, densities, or development patterns not contemplated by this Agreement, which will generate the need for additional Exactions to address significant environmental impacts determined pursuant to the requirements of CEQA, such additional Exactions shall be imposed consistent with the Applicable Rules in place at the time of application. (c) Off-Site Acquisition. City acknowledges and agrees if any off-site improvements listed as a Tract 6244 Exaction or a Required Other Exaction (collectively, the "Off-Site Improvements") requires construction or installation on land in which neither the City nor an Owner has sufficient legal title or interest to allow such construction or installation to be performed, then: ) provided Lennar or the Owner has made good faith efforts to acquire the necessary Required ROW (as hereinafter defined), City shall either (a) acquire the necessary Required ROW (as hereinafter defined) in accordance with the provisions of this Subsection, at the sole cost of such Owner (and upon such acquisition, the City shall make such Required ROW available to such Owner for the construction and installation of such Off-Site Improvements; or, (b) provided that the Owner performs its obligations under this Subsection, the Owner shall not be required to construct or install such Off-Site Improvements until (i) City acquires title or interest in such Required ROW sufficient to allow such construction or installation to be performed, and, (ii) City promptly makes such Required ROW available to the Owner for the construction and improvement of such Off-Site Improvements. The City shall neither postpone nor refuse approval of a Final Map, nor of any City Permits, because Owner has failed to construct or install any or all of the Off-Site Improvements if neither Owner nor City has sufficient title or interest in the Required ROW to permit such Off-Site Improvements to be constructed or installed so long as Owner has provided the improvement security required by the Subdivision Agreement for the such Final Map or, with regard to other City permits has otherwise provided appropriate improvement security, as determined by the City Engineer, to ensure improvements are constructed once the right-of-way is acquired. The term "Required ROW" means all land located outside of the Project area that (i) is not owned by the City or either Owner as of the Adoption Date of this Agreement, and, (ii) is necessary for the construction or installation of any Off-Site Improvements pursuant to this Agreement. Required ROW may take the form of easement areas, rights-of-way and other land interests. 72 304. Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall, at no cost to City, cooperate with Owners and with Selma-KingsburgFowler County Sanitation district and California Water Service in reserving capacity for sewer, water and any other services as may be necessary to serve the Project. 305. Owners' Right to Rebuild. City agrees that Owner may renovate or rebuild the Subject Property within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, or should the buildings located within the Subject Property become functionally outdated, within Owners' sole discretion, due to changes in technology. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Development Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA.
306. Processing Subsequent Development Approvals.
(a) Review and Processing of City Permits. Except as otherwise expressly provided in this Agreement or by applicable law, all City Permits required for the construction and development of the Project and any buildings and improvements therein which comply with the requirements of the Applicable Rules: (a) shall be issued over-the-counter by the Director or the director of the other applicable City agency having responsibility for the issuance of such City Permits; (b) shall not require the approval of the Planning Commission, City Council or any other City board or commission; and (c) shall not require a public hearing. Notwithstanding the above, any approval required to be subject to a public hearing or the approval of the Planning Commission, City Council or any other City board or commission by either the City Municipal Code or applicable state or federal law, shall be required to follow the procedures set forth in that applicable law. (b) Review and Processing of City Permits for Off-Site Improvements. City Permits required for Off-Site Improvements (as hereinafter defined), including, but not limited to, construction plans for the streets, sidewalks, street lighting, median landscaping, sewer lines, water lines, reclaimed water mains and system and traffic signals, must comply with the requirements of the Applicable Rules; provided the City may impose policies, ordinances and standards with respect to such Off-Site Improvements that are in effect at the time the improvement plans applications for the City Permits required for such Off-Site Improvements are submitted to the City, if and only if, all of the following conditions are met: (i) such policies, ordinances and standards shall not impose any new City Development Impact Fees or increase the amount of any City Development Impact Fees on the Project over and above those described in Section 200; (ii) such policies, ordinances and standards shall not impose any Exaction on the Project other than those described in Section 303; and, (iii) in the reasonable determination of the City Engineer, such policies, ordinances and standards shall not substantially increase the costs to an Owner of the construction of the Off-Site Improvements or substantially increase the time required by an Owner for the construction of the Off-Site Improvements. (c) Review and Processing of Subsequent Maps. Except as otherwise expressly provided in this Agreement, for all Subsequent Maps required for the Project which comply with the Development Approvals and the requirements of the Applicable Rules, the City shall reasonably endeavor to process and schedule final approval of such applications within ninety (90) days where the CEQA compliances are based on the approved EIR or an addendum thereto.
(d) Duration of City Permits and Development Approvals and Subsequent Development Approvals. Notwithstanding any provisions in the Development Approvals, Subsequent Development Approvals, City Permits, Applicable Rules or Permitted Rules Revisions that may establish earlier expiration dates for the Development Approvals, Subsequent Development Approvals, or the City Permits, the Parties mutually acknowledge and agree, pursuant to the provisions of California Government Code sections 66452.6(a) and 65863.9, that any Subsequent Development Approvals and any City Permits shall remain valid and effective 73 throughout the longer of (i) the Term, or (ii) the duration of any vesting rights established under the terms of any Vesting Tentative Map issued pursuant to a Subsequent Development Approval. (e) Standards for Issuance of Subsequent Development Approvals. The Subsequent Development Approvals shall be deemed tools to implement those final policy decisions reflected by the Development Approvals (other than those standards pursuant to the requirements of Technical City Permits) and shall be issued by City so long as they comply with this Agreement and applicable law and are not inconsistent with the Development Approvals.
307. Minor Changes.
(a) The Parties acknowledge further planning and development of the Project may demonstrate refinements and changes are appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire that each of the Owners retain a certain degree of flexibility with respect to the details of the development of the Project and with respect to those items covered in general terms under this Agreement. Therefore, if and when an Owner finds that Minor Changes (as hereinafter defined) are necessary or appropriate, then, upon written request by an Owner, the City and such Owner shall, unless otherwise required by City laws, effectuate such changes or adjustments through Administrative Amendments described in Section 1000 below, which, after execution, shall be attached hereto as addenda and become a part hereof. (b) The term "Minor Changes" collectively means: (a) minor deviations to the Development Approvals or Subsequent Development Approvals that are permitted under the Applicable Rules and are reasonably approved by the Director or City Manager; (b) changes or modifications to the Map for Tract 6244 that are implemented by Lennar prior to recordation by Lennar of a final phased subdivision map associated with Tract 6244 in the Official Records, provided that (i) the total number of parcels established by Tract 6244 does not exceed the number included in the Development Approvals, and (ii) the changes and modifications are approved by the Director or City Manager, which approval shall not be unreasonably withheld or denied. (c) In effecting any Minor Changes, the City shall reasonably cooperate with the requesting Owner, provided the aggregate total density and intensity of the Project are not increased, the permitted uses are not modified from those in the Development Approvals or Subsequent Development Approvals, and any changes are in accordance with the Applicable Rules. Minor Changes and their implementing Administrative Amendments shall not be deemed an amendment to this Agreement under California Government Code section 65868 but are ministerial clarifications and adjustments, and unless otherwise required by law, no such administrative amendments shall require prior notice or hearing by the Planning Commission and City Council. 308. Authorized Code Revisions. This Agreement shall not prevent the City from applying to the Project the following rules, regulations and policies adopted or enacted after the Effective Date, if uniformly applied on a City-wide basis (collectively, the "Authorized Code Revisions"):
(a) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, provided that such changes in procedural regulations do not have the effect of materially interfering with the substantive benefits conferred to an Owner by this Agreement.
(b) Regulations which are not in conflict with this Agreement. (c) Regulations which are necessary to avoid substantial threats to the public health and safety, provided that, to the maximum extent possible, such regulations shall be construed and applied in a manner to preserve the substantive benefits conferred to an Owner by this Agreement. 74 (d) Mandatory regulations of the State and the United States of America applicable to the Project, provided that, to the maximum extent possible, such regulations shall be construed and applied in a manner to preserve to each Owner the substantive benefits conferred to the Owners by this Agreement. (e) Applicable Rules imposing life safety, fire protection, mechanical, electrical and/or building integrity requirements with respect to the design and construction of buildings and improvements, including the then current applicable building codes.

ARTICLE IV

DEDICATION AND DEVELOPMENT OF PARK PUBLIC IMPROVEMENTS
400. Tract 6244 Park Dedications and Improvements.
(a) Definitions.
(1) "Outlot A Park" means the approximately 86,813 square foot parcel of land that constitutes Outlot A on Tract 6244 to be dedicated by Lennar to the City for park and open space uses, and the related park improvements to be developed by Lennar on the Outlot A. (2) "Outlot A Park Specifications" means the improvements to be constructed by Lennar as part of the Outlot A Park improvements, which specifications are detailed on attached Exhibit E-1. (3) "Outlot B Park" means the approximately 5,458 square foot parcel of land that constitutes Outlot B on Tract 6244 to be dedicated by Lennar to the City for park uses and open space uses. (4) "Outlot B Park Specifications" means the improvements to be constructed by Lennar as part of the Outlot B Park improvements, which specifications are detailed on attached Exhibit E-2. (5) "Outlot D Open Space" means the approximately 5,208 square foot parcel of land that constitutes Outlot D on Tract 6244 to be dedicated by Lennar to the City for open space uses. (6) "Outlot D Open Space Specifications" means the improvements to be constructed by Lennar as part of the Outlot D Open Space improvements, which specifications are detailed on attached Exhibit E-3.
(7) The Outlot A Park, Outlot B Park, and Outlot D Open Space are sometimes referred to herein collectively as the "Tract 6244 Park and Open Space Sites". (8) The Specifications for Outlot A Park, Outlot B Park, and Outlot D Open Space are sometimes referred to herein collectively as the "Tract 6244 Park and Open Space Development Specifications".
(b) Tract 6244 Park Development and Dedication. Prior to City’s issuance of the fiftieth (50th) Certificate of Occupancy for development occurring within Tract 6244, Lennar shall submit development plans for improvements to the Tract 6244 Park and Open Space Sites to City for review and approval. Prior to the City’s issuance of the one hundredth Certificate of Occupancy for Map 6244, Lennar shall complete improvements to the Tract 6244 Park and Open Space Sites, and dedicate such parcels, and their improvements to the City. Lennar's entitlements for credits and reimbursements for such dedication and improvements is detailed in Subsection 400(c)(2) below.
(c) Park Fee Credits for Tract 6244.
75 (1) Tract 6244 Park and Open Space Sites Dedications and Improvements. In consideration of the dedication of the Tract 6244 Park and Open Space Sites, and completion of the improvements consistent with the Tract 6244 Park Development Specifications to the Tract 6244 Park and Open Space Sites, concurrent with the earlier of the City's acceptance of such dedication, or the posting of the Tract 6244 Park Development Securities described below, Lennar shall be provided a fee credit applicable to the City Development Impact Fees for Park Land and Park Improvements and for Open Space Acquisition payable with respect to Tract 6244 (the "Tract 6244 Park Fee Credit"). The Tract 6244 Park Fee Credit shall equal the fair market value of the lands dedicated for the Tract 6244 Park and Open Space Sites (based on the appraised value determined by a licensed real estate appraiser engaged by Lennar, whose engagement shall be mutually agreed upon by Lennar and the City), plus the Tract 6244 Park Improvement Costs described below. (2) Use of Tract 6244 Park Fee Credits. Lennar may apply any Tract 6244 Park Fee Credit it holds against the City Development Impact Fees for Park Land and Park Improvements and for Open Space Acquisition payable with respect to Tract 6244. To the extent such Tract 6244 Park Fee Credits exceed the City development Impact Fees for Park Land and Park Improvements and Open Space Acquisition applicable to Tract 6244, Lennar may apply such credits against such fees imposed on a further Subsequent Development Approval, and/or assign the Tract 6244 Park Fee Credits in the manner provided in Section 906, and/or obtain a reimbursement in the manner described in Section 402.
(3) Tract 6244 Park Facility Improvement Securities. "Tract 6244 Park Facility Improvement Securities" means securities that may be submitted by Lennar to the City, consistent with those specified in Selma Municipal Code Section 9-6-12.04, to secure construction of improvements to the Tract 6244 Park and Open Space Sites. The amount of the Tract 6244 Park Facility Improvement Securities shall be based on a City approved Engineer's estimate of the cost of completing the improvements to the Tract 6244 Park and Open Space Sites consistent with the Tract 6244 Park and Open Space Development Specifications. Lennar shall then be provided "Preliminary Tract 6244 Park Fee Credits" equal to the City's approved Engineer's estimates for the cost of constructing the improvements to the Tract 6244 Park and Open Space Sites, plus the fair market value of the lands dedicated for the Tract 6244 Park and Open Space Sites (based on the appraised value determined by a licensed real estate appraiser engaged by Lennar, whose engagement shall be mutually agreed upon by Lennar and the City). The Preliminary Tract 6244 Park Fee Credits shall be available for use in the same manner as any Tract 6244 Park Fee Credits may be used), subject however to the "Tract 6244 Park Fee Credit True-Up" described below.
(4) Confirming Tract 6244 Park Improvement Cost. The "Tract 6244 Park Improvement Costs" equals the costs of constructing the 6244 Park and Open Space Sites with the improvements detailed in the Tract 6244 Park Development Specifications (as modified in a mutually executed writing)). The Tract 6244 Park Improvement Costs shall be confirmed in accordance with the following procedures. Within ninety (90) days of acceptance by the City of the relevant improvements, Lennar shall submit to the City in electronic or hard copy format the permanent reproducible as-built or record plans of the accepted improvements, along with the project accounting reflecting final construction costs paid for such improvements. Such construction costs may also include reasonable engineering, architectural and design fees. (5) True Up of Preliminary Tract 6244 Park Fee Credits. If Lennar receives Preliminary Tract 6244 Park Fee Credits based upon the Engineer's estimate provided in support of the relevant improvement securities, then a "Tract 6244 Park Fee Credit True-Up" shall be conducted within thirty (30) days after Lennar has submitted the items to confirm the Tract 6244 Park Improvement Costs. The Preliminary Tract 6244 Park Fee Credits that Lennar then holds (i.e. those not previously applied as a credit against the City Development Impact Fees for Park Land and Park Improvements or Open Space Acquisition applicable to Tract 6244) shall then be converted to Tract 6244 Park Fee Credits, subject to the Tract 6244 Park Fee Credit True-Up described herein. If the actual Tract 6244 Park Improvement Costs is greater than the Engineer's estimate, the amount of Tract 6244 Park Fee Credits held by Lennar shall be increased by the difference in such costs.

Alternatively, if the actual Tract 6244 Park Improvement Costs is less than the Engineer's estimate, the amount of 76 Tract 6244 Park Fee Credits shall be reduced by the difference in such costs. If such adjustment reduces the Tract 6244 Park Fee Credits then held by Lennar to less than zero dollars, Lennar shall reimburse that amount to the City within thirty (30) days after Lennar has submitted the items confirming the Tract 6244 Park Improvement Costs.
401. Subsequent Development Approval Park Dedications and Improvements. (a) Park Fee Credits for Subsequent Development Approvals. For Exactions related to park land dedications, open space dedications, and requirements to construct park or open space amenities, imposed as a condition of any Subsequent Development Approval (including such portions of the Dual Use Basin described in Section 502(a) below that are intended to be reimbursed as supporting park and open space purposes), the Owner conducting a Subsequent Development Approval shall be provided a "Park Fee Credit" applicable towards the City's Development Impact Fees for Park Land and Park Improvements and for Open Space Acquisition. Such Park Fee Credits shall be available concurrent with the earlier of the City's acceptance of the dedication of such lands and/or improvements, or the posting of the Park Development Securities described below. (b) Use of Park Fee Credits. An Owner may apply any Park Fee Credit it holds against the City Development Impact Fees for Park Land and Park Improvements and for Open Space Acquisition payable with respect to such Subsequent Development Approval. To the extent such Park Fee Credits exceed the City Development Impact Fees for Park Land and Park Improvements and Open Space Acquisition applicable to such Subsequent Development Approval, the Owner may apply such credits against such fees imposed on a further Subsequent Development Approval, and/or assign such fee credits in the manner provided in Section 906, and/or obtain a reimbursement in the manner described in Section 402. (c) Park Facility Improvement Securities. "Park Facility Improvement Securities" means securities that may be submitted by an Owner to the City, consistent with those specified in Selma Municipal Code Section 9-6-12.04, to secure construction of park facility amenities required as a condition of any Subsequent Development Approval. The amount of the Park Facility Improvement Securities shall be based on a City approved Engineer's estimate of the cost of completing such improvements. The Owner shall then be provided "Preliminary Park Fee Credits" equal to the City's approved Engineer's estimates for the cost of constructing the park or open space amenities required as a condition of such Subsequent Development Approval, plus the fair market value of the lands required to be dedicated for park or open space uses pursuant to such conditions (based on the appraised value determined by a licensed real estate appraiser engaged by the Owner, whose engagement shall be mutually agreed upon by Owner and the City). The Preliminary Park Fee Credits shall be available for use in the same manner as any Park Fee Credits may be used, subject however to the "Park Fee Credit True-Up" described below.
(d) Confirming Park Improvement Costs. The "Park Improvement Costs" equals the costs of constructing the park and open space amenities required as a condition of a Subsequent Development Approval.

The Park Improvement Costs for each Subsequent Development Approval shall be confirmed in accordance with the following procedures. Within ninety (90) days of acceptance by the City of the relevant improvements the Owner shall submit to the City in electronic or hard copy format the permanent reproducible as-built or record plans of the accepted improvements, along with the project accounting reflecting final construction costs paid for such improvements. Such construction costs may also include reasonable engineering, architectural and design fees.
(e) True Up of Preliminary Park Fee Credits. If an Owner receives Preliminary Park Fee Credits based upon the Engineer's estimate provided in support of the relevant improvement securities, then a "Park Fee Credit True-Up" shall be conducted within thirty (30) days after the Owner has submitted the items to confirm the Park Improvement Costs. The Preliminary Park Fee Credits that the Owner then holds (i.e. those not previously applied as a credit against the City Development Impact Fees for Park Land and Park Improvements or Open Space Acquisition applicable to such Subsequent Development Approval) shall then be converted to Park 77 Fee Credits, subject to the following Park Fee Credit True-Up. If the actual Park Improvement Costs is greater than the Engineer's estimate, the amount of Park Fee Credits then held by such Owner shall be increased by the difference in such costs. Alternatively, if the actual Park Improvement Costs is less than the Engineer's estimate, the amount of Park Fee Credits shall be reduced by the difference in such costs. If such adjustment reduces the Park Fee Credits then held by such Owner to less than zero dollars, such Owner shall reimburse that amount to the City within thirty (30) days after the Owner has submitted the items confirming the Park Improvement Costs. 402. Amberwood Specific Plan Park and Open Space Impact Fee Account. To facilitate the reimbursement payments and fee credit accountings required under Sections 400 and 401, the City shall establish and maintain separate accounting funds that reflect the amount of the City Development Impact Fees for Park Land and Park Improvements and Open Space Acquisition, paid with respect to any phase of development of the Project during the Term (the "Amberwood Specific Plan Park and Open Space Impact Fee Account"). Each Owner's priority to receive payments from the Amberwood Specific Plan Park and Open Space Impact Fee Account shall be based on the date they submitted the complete materials required to confirm the relevant construction costs, and such reimbursements shall be paid within thirty (30) days of submittal of a reimbursement request to the City, provided that the amount of the reimbursement payment due within such thirty (30) day period shall not exceed the funds then available for such payment from the Amberwood Specific Plan Park and Open Space Impact Fee Accounts, with any unpaid balance subsequently paid within thirty (30) days as and when such additional funds are held by the Amberwood Specific Plan Park and Open Space Impact Fee Accounts. 403. Phasing of Dual Use Basin Park Amenities. A conceptual drawing and specifications for elements of the Dual Use Basin to be dedicated for park uses and to be developed with park amenities is detailed on attached Exhibits F-1 and F-2, respectively. To the extent that Amberwood Specific Plan Park and Open Space Impact Fee Account holds funds when there is no current pending reimbursement payments due to any Owner from such accounts, such funds shall be used to construct additional phases of park amenities within the Dual Use Basin, consistent with Exhibits F-1 and F-2, including the acquisition of lands designated for park uses within the Dual Use Basin.

ARTICLE V

DEVELOPMENT OF DUAL USE BASIN
500. Delineation of Dual Use Storm Basin and Park. Condition of Approval 11 for Tract 6244 requires that Lennar shall construct such storm drainage facilities as deemed necessary by the City Engineer to service the relevant site, and that such facilities are to be dedicated to the City. The Revised Project Description for the Project set forth in the EIR (modified on August 26, 2015) confirms that the original intention of designating two private lakes as part of the Project has been revised to be a possible future option. As a result, the Project is required to develop a 100 year storm stormwater retention basin, which shall also include certain areas and amenities dedicated to park uses. In furtherance of such requirements, the Parties have delineated on attached Exhibit F-3 the location of a ponding basin to be developed in support of the Project (the "Dual Use Basin"). 501. Tract 6244 Ponding Basin Specifications. The Parties intend that development of the Dual Use Basin, and the dedication of the lands required for such development, shall be phased over time. The Parties further intend that the park lands and improvements to be developed as part of the Dual Use Basin shall also be phased over time. For the dedications and improvements required for the Tract 6244 phase, the storm drain facilities specifications and related land dedications required by its Condition of Approval 11 are detailed on attached Exhibit F-4. Such requirements have been reviewed and approved by the City Engineer in accordance with the requirements of Condition of Approval 11. No park land dedications or park amenities for the Dual Use Basin are required for development of Tract 6244.
502. Further Phases for Storm Drainage Services. The Parties acknowledge and agree that subsequent phases of the Dual Use Basin required to serve the storm drainage requirements for Subsequent Development Approvals shall be determined by the City Engineer consistent with the standards applied under 78 Condition of Approval 11 for Tract 6244. The Parties further intend that the phasing plans for the Dual Use Basin associated with its storm water retention purposes shall be generally consistent with the conceptual drawing detailed on attached Exhibit F-5. To the extent feasible, additional Dual Use Basin lands and drainage improvement Exactions imposed on each Subsequent Development Approval shall not materially exceed the capacities required to serve such Subsequent Development Approval. The current intended future phasings of the development of the Dual Use Basin (for both its storm drainage purposes and its park amenity purposes), are depicted on Exhibit F-1.
(a) Allocation of Dual Use Basin Land Acquisition and Improvement Costs Between Park Improvement Costs and Storm Drainage Improvement Costs. With respect to the acquisition and development of the Dual Use Basin: (i) the land area and the improvement costs associated with parking areas and amenities intended to not be subject to any storm water inundation shall be allocated as Park Land and Park Improvements with respect to applicable Park Fee Credits; (ii) the land area and the costs of grading and excavation of such land areas, that are intended to solely serve storm drainage facility purposes, and all fencing that shall surround such land area to prevent public access to such areas of intended storm drainage inundation) shall be allocated as Storm Drainage Facilities with respect to applicable Drainage Fee Credits; and (iii) with respect to the land area that is intended to be subject to periodic storm water indication, and which are intended to be improved with park amenities; (1) the costs of the land acquisition shall be allocated 75% as Storm Drainage Facilities and 25% as Park Land and Park Improvements with respect to the entitlement for applicable fee credits, (2) the costs of the grading of the entirety of such land area shall be allocated as Storm Drainage Facilities with respect to applicable Drainage Fee Credit, and (3) the entirety of the costs of the improvements for park amenities shall be allocated as Park Land and Park Improvements with respect to applicable Park Fee Credits. (b) Dual Use Basin Fee Credits and Reimbursements. Lennar, as the developer of Tract 6244, and each Owner conducting a Subsequent Development Approval, shall be provided a credit against the imposition of City Development Impact Fees for Storm Drainage Facilities ("Drainage Fee Credits") equal to the fair market value of all land dedications, plus the costs incurred by such party in developing storm drainage facility improvements required for the Dual Use Basin and all master drainage facilities installed by such party, including reasonable engineering, architectural and design fees (and otherwise using such costing factors as is generally applied by the City for such facilities) (the "Master Drainage Improvement Requirements”). Such Drainage Fee Credits shall be available concurrent with the earlier of the City's acceptance of the dedication of such lands and/or improvements, or the posting of the Drainage Improvement Securities described below. (c) Use of Drainage Fee Credits. The Owner may apply the Drainage Fee Credits against the Storm Drainage Facility impact fees applicable to Subsequent Development Approvals. If the Drainage Fee Credits exceed the Storm Drainage Facility impacts fees applicable to that Subsequent Development Approval, the Owner may apply such credits against such fees imposed on a further Subsequent Development Approval, and/or assign such fee credits in the manner provided in Section 906, and/or obtain a reimbursement in an amount equal to such Drainage Fee Credits, as and when funds are paid into the Amberwood Specific Plan Drainage Impact Fee Account described below.
(d) Drainage Improvement Securities. If the conditions of approval of a Subsequent Development Approval allow the Owner to defer any elements of the Master Drainage Improvement Requirements for a period that extends beyond the acceptance of the on-site subdivision improvements required for such development, the Owner may elect to post Drainage Facility Improvement Securities to obtain Drainage Fee Credits that can be applied against the Storm Drainage Facility impact fees applicable that Subsequent Development Approval. "Drainage Facility Improvement Securities" means securities that may be submitted by an Owner to the City, consistent with those specified in Selma Municipal Code Section 9-6-12.04, to secure completion of the relevant Master Drainage Improvement Requirements. The amount of the Drainage Improvement Securities shall be based on a City approved Engineer's estimate of the cost of completing the Master Drainage Improvement Requirements (excluding the costs of land dedications). The Owner shall then be provided "Preliminary Drainage Fee Credits" equal to the City's approved Engineer's estimates for the cost of 79 constructing the Master Drainage Improvement Requirements, plus the fair market value of the portion of the Dual Use Basin required to be dedicated for purposes other than park or open space uses (which value shall be based on the appraised value determined by a licensed real estate appraiser engaged by the Owner, whose engagement shall be mutually agreed upon by Owner and the City). The Preliminary Drainage Fee Credits shall be available for use in the same manner as any Drainage Fee Credits may be used, subject however to the "Drainage Fee Credit TrueUp" described below. (e) Confirming Master Drainage Improvement Costs. The "Master Drainage Improvement Costs" equals the costs of constructing the Master Drainage Improvement Requirements. The Master Drainage Improvement Costs for each Subsequent Development Approval shall be confirmed in accordance with the following procedures. Within ninety (90) days of acceptance by the City of the relevant improvements the Owner shall submit to the City in electronic or hard copy format the permanent reproducible as-built or record plans of the accepted improvements, along with the project accounting reflecting final construction costs paid for such improvements. Such construction costs may also include reasonable engineering, architectural and design fees. (f) True Up of Preliminary Drainage Fee Credits. If an Owner receives Preliminary Drainage Fee Credits based upon the Engineer's estimate provided in support of the relevant improvement securities, then a "Drainage Fee Credit True-Up" shall be conducted within thirty (30) days after the Owner has submitted the items to confirm the Master Drainage Improvement Costs. The Preliminary Drainage Fee Credits that the Owner then holds (i.e. those not previously applied as a credit against the City Development Impact Fees for Storm Drainage Facilities applicable to such Subsequent Development Approval) shall then be converted to Drainage Fee Credits, subject to the following Drainage Fee Credit True-Up. If the actual Master Drainage Improvement Costs is greater than the Engineer's estimate, the amount of Drainage Fee Credits then held by such Owner shall be increased by the difference in such costs. Alternatively, if the actual Master Drainage Improvement Costs is less than the Engineer's estimate, the amount of Drainage Fee Credits shall be reduced by the difference in such costs. If such adjustment reduces the Drainage Fee Credits then held by such Owner to less than zero dollars, such Owner shall reimburse that amount to the City within thirty (30) days after the Owner has submitted the items confirming the Master Drainage Improvement Costs.
503. Amberwood Specific Plan Drainage Impact Fee Account. To facilitate the reimbursement payments and fee credit accountings required under Section 502, the City shall establish and maintain separate accounting funds that reflect the amount of the City Development Impact Fees for Storm Drainage Facilities paid with respect to any development of the Project during the Term (the "Amberwood Specific Plan Drainage Impact Fee Account"). Each Owner's priority to receive payments from the Amberwood Specific Plan Drainage Impact Fee Account shall be based on the date they submitted the complete materials required to confirm the relevant construction costs, and such reimbursements shall be paid within thirty (30) days of submittal of a reimbursement request to the City, provided that the amount of the reimbursement payment due within such thirty (30) day period shall not exceed the funds then available for such payment from the Amberwood Specific Plan Drainage Impact Fee Account, with any unpaid balance subsequently paid within thirty (30) days as and when such additional funds are held by the Amberwood Drainage Impact Fee Account.

ARTICLE VI

TRAFFIC IMPACT MITIGATIONS
600. EIR Traffic Impact Mitigation Standards.
(a) In General. The Final EIR for the Project, under the heading "Issued Related to Traffic", and "Fresno County Level of Service Standards" confirms that additional traffic studies and analysis will be required by the City for each phase of the Amberwood Specific Plan Project, or when subsequent Maps are filed for approval by an Owner. More specifically, the Final EIR confirms that the Conditions of Approval for each Final Map will contain conditions and mitigation measures necessary to mitigate the traffic impacts associated with each individual Final Map. The Final EIR confirms that an Owner is to be required to pay the costs for 80 Project related traffic improvements on a "Fair Share" basis where the City Engineer determines that a phase of the Project is “Significantly Impacting” a relevant intersection. For convenience of reference, attached as Exhibit G-1 is a Table of Intersections, Roadway Segments, and Bridges Requiring Future Traffic Impact Study that is set forth in the Final EIR, which facilities are to be evaluated in the conditions of approval issued for a Subsequent Development Approval.
(b) County Traffic Facilities. Also attached as Exhibit G-2 is a listing of potentially impacted intersections that were, at the time of the EIR's adoption, located within the County, and which were outside the City's sphere of influence. For such facilities, the intention is to maintain a Level of Service C at intersections that do not currently have traffic signals for traffic control. The Final EIR confirms that the Owner is also to be required to pay to City (for future distribution to the County) the costs for Project related traffic improvements on a "Fair Share" basis for the costs of traffic signal installation at those presently uncontrolled intersections. The impacts and relevant Fair Share contribution for the Fresno County intersections are to be determined by an independent traffic study undertaken by the Fresno County Public Works and Planning Department, with consultations and input from the Selma City Engineer. All traffic impact analysis and studies shall be signed off on by a Traffic Engineer registered in the State of California. The Fair Share contribution payments are to be collected at the time of building permit issuance by the Selma Building Department, and the City of Selma is to maintain the collected funds in a dedicated separate account, and provide such funds to Fresno County at the time the County intersection improvements are being made.
601. Fair Share Payments for Tract 6244 for City and County Traffic Facilities. In implementation of the requirements described in Subparagraphs 600 (a) and (b) above, the Conditions of Approval for Tract 6244 include, as item 30, the requirement that Lennar work with the City Engineer to identify the scope of off-site improvements required for Tract 6244. The mitigations outlined in the Traffic Impact Study prepared by RD Engineering dated May 2020 is intended to serve as the basis for such requirements. Based on the consultations required by in Subparagraphs 600 (a) and (b) above, Lennar's requirements for the fair share contribution requirements for such facilities are detailed on Exhibit G-3. A pro-rata portion of the total amount of such fair share contribution requirements (pro-rated based on the total number of dwelling units within Tract 6244) shall be paid upon the issuance of a certificate of occupancy with respect to each dwelling unit within Tract 6244. In addition, Lennar will be provided a credit against the payment of the City's Development Impact Fee for Circulation System for all of the Fair Share payments imposed on Lennar for Tract 6244. 602. Fair Share Payments for Traffic Facilities For Subsequent Development Approvals. With respect to all Subsequent Development Approvals, the City will determine, impose and collect the Fair Share contribution payments required by the provisions of the Project's Final EIR described in Subsections 600 (a) and (b), consistent with the standards applied in conducting the analysis that established the payments due under Sections 601. The Owners shall be entitled to a fee credit against the payment of the City's Development Impact Fee for Circulation System for all Fair Share payments collected pursuant to Section 600. 603. Fair Share Calculation Principles. For purposes of this Agreement, the Fair Share calculations shall be imposed for any intersection where the relevant Subsequent Development Approval is reasonably determined by the City Engineer (or by the traffic engineer engaged by the County pursuant to Section 600(b)), to create a "significant impact" to the intersection. In each such instance, the Fair Share payment shall be based upon the traffic generation projected to be contributed by the relevant Subsequent Development Approval to the relevant intersection facility during the peak hour of traffic at such facility, divided by the forecasted traffic volume at such intersection at the relevant "Horizon Year". The "Horizon Year" shall mean and refer to the Fresno Council of Government's regional travel forecasting model for 2035, or such later Horizon Year as is then in current use by the Fresno Council of Governments for such modeling purposes. 81 ARTICLE VII

MORTGAGE PROTECTION & ESTOPPEL CERTIFICATES
700. Mortgagee Protection. This Agreement shall be superior and senior to any mortgage, deed of trust, sale and leaseback arrangement, assignment of leases and rents, synthetic lease, other lease financing, or other transaction in which the Subject Property or a portion thereof, or any interest therein, is pledged as security ("Mortgage"). Within sixty (60) days of the recordation of this Agreement, Owners will cause each party holding a Mortgage to subordinate such interest to this Agreement. 701. Estoppel Certificates. Any Owner may, at any time, and from time to time, deliver written notice to the City requesting that the City certify in writing that, to the actual knowledge of the certifying party: (1) this Agreement is in full force and effect and a binding obligation of the Parties, (2) this Agreement has not been amended or modified either orally or in writing (or else identifying any such amendments or modifications), and (3) the requesting Owner is not in default in the performance of its obligations under this Agreement (or else describing the nature and amount of any such defaults). The City shall execute and return such certificate within 30 days following the receipt thereof. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.

ARTICLE VIII

REIMBURSEMENT FOR, AND FINANCING OF, CERTAIN IMPROVEMENTS 800. Site Improvements. Except as otherwise provided in this section, each Owner shall bear all costs to design and construct the improvements required by the Development Approvals applicable to the development of their respective portion of the Subject Property (the "Site Improvements"), and shall fund and complete construction of such Site Improvements in accordance with their respective Development Approvals. The City and Owners intend that the design and construction of the Site Improvements be, at each Owner's respective option: (a) at such Owners direct expense; or, (b) if appropriate, as to particular Site Improvements designated by an Owner from time to time, financed by one or more financing mechanisms (a "Financing Mechanism") which will encompass some or all of such Owner's respective Property and, to the extent other property owners are interested or benefit, such other property. The City agrees, at each Owner's separate request, to cause one or more Financing Mechanisms to be created to finance the design and construction of Site Improvements designated by such Owner (which particular Site Improvements, as a result of receiving such financing, shall become public facilities) in accordance with the procedures governing creation of such entities. Upon the election by an Owner to request a Financing Mechanism, such Owner agrees to cooperate with and use its best efforts to assist the City in the formation of the Financing Mechanism(s) and in each Financing Mechanism's performance of its responsibilities on behalf of the City. Site Improvements include, but are not limited to, improvements to highways, streets and related infrastructure to be improved in accordance with the Development Approvals.

Once the public facilities whose design and construction was, pursuant to this section, financed with one or more Financing Mechanisms are constructed, the City shall, subject to the City Council's approval, which shall not to be unreasonably withheld or delayed, accept on its own behalf or on behalf of the applicable Financing Mechanism dedication of such public facilities unless an applicable special district (a "District") agrees to do so.

The City or a District shall on its own behalf or on behalf of the applicable Financing Mechanism accept responsibility for their subsequent maintenance, repair and improvement.

The City agrees that Owners shall not bear any other costs of operation and maintenance of these public facilities following City’s or a District’s acceptance of such facilities, although an Owner may offer to contract to operate or maintain the same.

If Owner elects to finance these expenses using one or more Financing Mechanisms, then the City agrees to accept, on its own behalf or on behalf of the applicable Financing Mechanism(s), dedication of such Site 82 Improvements (which particular Site Improvements thereby become public facilities) and responsibility for their subsequent maintenance in accordance with the terms this Section.

If an Owner elects to request a Financing Mechanism, upon written request of the City, such Owner will advance amounts necessary to pay all costs and expenses of the City to evaluate and structure any Financing Mechanism, to the end that the City will not be obligated to pay any costs related to the formation or implementation of any Financing Mechanism from its own general funds. City staff will provide the Owner with a preliminary budget for such costs, and will advise Owner from time to time as to any necessary modifications to that budget or any other source of City revenue.

Any public financing shall be secured by assessments or special taxes or fees levied within the respective District, proceeds of the bonds issued that are placed in a bond fund, reserve fund or other such fund for the financing and investment earnings thereon. The City's general fund shall not be pledged to the repayment of any such public financing.

The payment of actual initial and annual administrative costs of the City to be incurred in connection with any Financing Mechanism shall be adequately assured, through the inclusion in any assessment or special tax methodology of appropriate provision for such costs as reasonably estimated by the City, to ensure that the City's general fund shall not be called upon to provide for initial or any annual administrative costs related to any Financing Mechanism.

Design of the On-Site Public Improvements. All Site Improvements that are intended to be dedicated to public use (the “On-Site Public Improvements”) shall be designed and constructed in accordance with the City's current standards for public improvements on the Subject Property, as may be modified by the Subsequent Development Approvals, provided that such Subsequent Development Approvals shall not impose design standards for such the On-Site Public Improvements that vary from those that are generally applicable to such improvements at the time the improvement plan applications for the City Permits required for the On-Site Public Improvements are submitted to the City. In addition, any updated design standards adopted pursuant to the Subsequent Development Approvals shall: (i) not impose any new City Development Impact Fees or increase the amount of any City Development Impact Fees on the Project over and above those described in Section 200; (ii) not impose any Exaction on the Project other than those described in Section 303; and, (iii) in the reasonable determination of the City Engineer, not substantially increase the costs to an Owner of the construction of the On-Site Public Improvements or substantially increase the time required by an Owner for the construction of the On-Site Improvements.

ARTICLE IX

TRANSFERS
900. Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth below:
(a) "Affiliate" means any Person directly or indirectly Controlling, Controlled by or under Common Control with an Owner.
(b) "Control" means the ownership (direct or indirect) by one Person of an interest in the profits and capital and the right to manage and control the day to day affairs of another Person. The term "Control" includes any grammatical variation thereof, including "Controlled" and "Controlling". (c) "Common Control" means that two Persons are both controlled by the same other Person. (d) "Person" means an individual, partnership, firm, association, corporation, trust, governmental agency, administrative tribunal or other form of business or legal entity. 83 (e) "Transfer" means the sale, assignment, or other transfer by an Owner under this Agreement, or any right, duty or obligation of Owner under this Agreement, including by foreclosure, trustee sale, or deed in lieu of foreclosure, under a Mortgage, but excluding: (a) a dedication of any portion of the Amberwood Specific Plan area to the City or another governmental agency; (b) a Mortgage; (c) any Collateral Assignment of this Agreement to a Mortgagee; (d) ground leases, leases, subleases, licenses and operating agreements entered into by an Owner with tenants or occupants of the Project for occupancy of space in any buildings or improvements (together with any appurtenant tenant rights and controls customarily included in such leases or subleases) in the Project, and any assignment or transfer of any such ground lease, lease, sublease, license or operating agreement by any party thereto; (e) any sale of a building pad and surrounding area in the Project area to a future retail (or its affiliated entity) for the intended purpose of the development and occupancy of a building or improvement thereon; (f) and, except to the extent that any property owners association has incurred obligations, the purchaser of any lot that is both (i) not subject to further subdivision (other than a lot subject to a condominium map), and (ii) subject to the jurisdiction of the California Department of Real Estate, shall take title to such lot free and clear of any obligations arising under this Agreement, without the execution or recordation of any further document, when title to the lot transfers to such purchaser (f) "Transferee" means the Person to whom a Transfer is provided. 901. Conditions Precedent to Owner Right to Transfer. Except as otherwise provided in this ARTICLE, the Owners shall only have the right to effect a Transfer subject to and upon fulfillment of the following conditions precedent:
(a) No event of default by such Owner shall be outstanding and uncured as of the effective date of the proposed Transfer, unless the City has received adequate assurances satisfactory to the City that such event of default shall be cured in a timely manner either by Owner or the Transferee under the Transfer. (b) Prior to the effective date of the proposed Transfer, Owner or the proposed Transferee has delivered to the City an executed and acknowledged assignment and assumption agreement (the "Assumption Agreement") in recordable form. Such Assumption Agreement shall include provisions regarding: (a) the rights and interest proposed to be Transferred to the proposed Transferee (including, the extent, of any rights to the use Park Fee Credits or Drainage Basin Fee Credits assigned to such Transferee, if any); (b) the obligations of Owner under this Agreement that the proposed Transferee will assume; and (c) the proposed Transferee's acknowledgment that such Transferee has reviewed and agrees to be bound by this Agreement. The Assumption Agreement shall also include the name, form of entity, and address of the proposed Transferee, and shall provide that the Transferee assumes the obligations of Owner to be assumed by the Transferee in connection with the proposed Transfer. The Assumption Agreement shall be recorded in the Official Records concurrently with the consummation of the Transfer.
(c) Prior to the effective date of the proposed Transfer, City consents in writing to the Transfer. City's consent shall not be unreasonably withheld. Factors the City may consider in determining whether to consent to the transfer include the financial capacity of the proposed Transferee to comply with all of the terms of the Agreement and the history, if any, of compliance of Transferee, its principals, officers or owners with the provisions of federal or state law, the Selma Municipal Code or agreements with the City relating to development projects within the City of Selma.
902. Transfer to Affiliate. Notwithstanding the provisions of Section 901, an Owner shall have the right to Transfer all of its rights, duties and obligations under this Agreement to an Affiliate of Owner. Such Affiliate shall become a Transferee upon: (a) the acquisition by such Affiliate of the affected interest of Owner under this Agreement; (b) delivery to the City of an Assumption Agreement executed by the Affiliate pursuant to which the Affiliate assumes, from and after the date such Affiliate so acquires its interest, the applicable rights, duties and obligations of Owner under this Agreement and (c) delivery to the City of documents and other evidence establishing, to the reasonable satisfaction of the City, the Affiliate's financial capacity to meet all of its 84 duties and obligations under this Agreement. Notwithstanding the forgoing, the City hereby consents to any Transfer to an Affiliate of Lennar in accordance with this Section, and no further consent of the City shall be required for any Transfer by Lennar to an Affiliate.
903. Transfers to Lennar. Notwithstanding the provisions of Section 901, the Serimian Parties shall have the right to Transfer the rights, duties and obligations under this Agreement pertaining to the development of any of the Project to Lennar, and Lennar shall become a Transferee with respect to such additional properties, upon: (a) the acquisition by Lennar of any legal or equitable interests in such additional properties, (b) delivery to the City of an Assumption Agreement executed by Lennar pursuant to which Lennar assumes, from and after the date that Lennar so acquires its additional interest, the applicable rights, duties and obligations of the Serimian Parties with respect to such property under this Agreement. 904. Mortgagee as Transferee. No Mortgage (including the execution and delivery thereof to the Mortgagee) shall constitute a Transfer. A Mortgagee shall be a Transferee only upon: (a) the acquisition by such Mortgagee of the affected interest of Owner encumbered by such Mortgagee's Mortgage; and (b) delivery to the City of an Assumption Agreement executed by the Mortgagee pursuant to which the Mortgagee assumes assuming, from and after the date such Mortgagee so acquires its interest, the applicable rights, duties and obligations of Owner under this Agreement. No further consent of the City shall be required for any such Transfer to a Mortgagee.
905. Effect of Transfer. A Transferee shall become a Party to this Agreement only with respect to the interest transferred to it under the Transfer and then only to the extent set forth in the Assumption Agreement delivered under this Article. When and if Owner Transfers all of its rights, duties and obligations under this Agreement in accordance with this Article, Owner shall be released from any and all obligations accruing after the date of the Transfer under this Agreement. If Owner effectuates a Transfer as to only some but not all of its rights, duties and obligations under this Agreement, Owner shall be released only from its obligations accruing after the date of the Transfer which the Transferee assumes in the Assumption Agreement. 906. Transfer Solely of Fee Credits. Notwithstanding the foregoing, without requiring the assignment and assumption of any other rights or interests under this Agreement, any Owner may assign any Park Fee Credits (including Tract 6244 Park Fee Credits), and all Drainage Basin Credits, that it holds to any other person who is conducting a development within the boundaries of the Project pursuant to any Subsequent Development Approval. Any such assignment shall be made pursuant to a written document (the “Notice of Fee Credit Assignment”) signed by both the Assignor and Assignee, and delivered to the City, which confirms the total amount of Park Fee Credits (or Tract 6244 Park Fee Credits) that are the subject of such assignment, and whether the assignee's rights to receive reimbursement payments with respect to such assigned Park Fee Credits shall be senior to, or junior to, the rights and interests of the assignor to any Park Fee Credits it continues to retain. Such assignment shall not take effect until sixty (60) days after the Notice of Fee Credit Assignment is provided to the City to provide it the opportunity to update its records with respect to the ownership and payment of such assigned fee credits.

ARTICLE X

MISCELLANEOUS PROVISIONS
1000. Amendment of Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties hereto or their successors in interest, as follows:
(a) Administrative Agreement Amendments. Any amendment to this Agreement which does not substantially affect: (i) the Term of this Agreement; (ii) permitted uses of the Subject Property; (iii) provisions for the reservation or dedication of land; (iv) conditions, terms, restrictions or requirements for subsequent discretionary actions; (v) the density or intensity of use of the Subject Property or the maximum height or size of proposed buildings; or, (vi) monetary contributions by an Owner, and shall not, except to the extent otherwise 85 required by law, require notice or public hearing before the Parties may execute an amendment hereto. Such amendment may be approved by the Planning Director or City Manager, who shall make the determination in the context of the overall Project.
(b) Amendment Exceptions. No amendment of a Development Approval or Subsequent Development Approval shall require an amendment to this Agreement. Instead, any such amendment automatically shall be deemed to be incorporated into the Project and vested under this Agreement. (c) Effect of Subsequent Annexation of Subject Property. With respect to any of the Subject Property that is not within the boundaries of the City as of the Effective Date, upon its subsequent annexation, that portion of the Subject Property (the "Newly Annexed Property") shall be made subject to all terms and conditions of this Agreement pursuant to an Administrative Amendment process (or a formal Amendment to this Agreement if requested by the owner of such property). Notwithstanding the general requirement that the Term of this Agreement may not be modified by an Administrative Amendment, the Term of this Agreement shall be extended for a term of fifteen (15) years following the date that any Newly Annexed Property is made subject to the terms of this Agreement, except that such extension of the Term shall apply solely to the use and development of the Newly Annexed Property. Notwithstanding the foregoing, with respect to Newly Annexed Property that is annexed prior to the Fee Reopener Date described in Section 200(b), the Reopener Date applicable to such Newly Annexed Property shall be based on the sixteenth (16th) annual anniversary of the date that such Newly Annexed Property is made subject to the terms of this Agreement. 1001. The Parties acknowledge and agree that all references in the Amberwood Specific Plan to the “Master Developer” shall mean and refer to the Serimian Parties, except that in those circumstances where the Amberwood Specific Plan refers to the “Master Developer and/or property owner” or a similar joint reference, such term shall refer to the then current owner of the property that is the subject of the relevant standard, rights or obligations referenced in the Amberwood Specific Plan.
1002. Cooperation in Event of Legal Challenge. In the event of an administrative, legal or equitable action or other proceeding instituted by any person not a Party to this Agreement challenging the validity of this Agreement or any Development Approval or Subsequent Development Approval, the Parties shall cooperate in defending such action or proceeding. The Parties shall use best efforts to select mutually agreeable legal counsel to defend such action, and Owner shall pay compensation for such legal counsel. Should the Parties agree that City contract with legal counsel to defend the action, City may require Owner to deposit funds with City that City will utilize to pay legal fees and costs; Owners will be required to deposit additional funds with City if funds previously deposited by Owners will be exhausted before the legal action is resolved. 1003. Defaults. In the event City or either Owner defaults under the terms of this Agreement, City or the affected Owner shall have all rights and remedies provided under law. 1004. Periodic Review. At least every twelve (12) months during the term of this Agreement, City will, in accordance with its Municipal Code, review the extent of good faith substantial compliance by the Owner with the terms and conditions of this Agreement.

Failure of the City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement; nor shall the Owner have or assert any defense to such enforcement by reason of any such failure to conduct an annual review. 1005. Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Subject Property is a separately undertaken private development and that the contractual relationship created hereunder are between the City and each relevant Owner, with the duties and responsibilities of the Owner based solely on their respective development of their property that is the subject of this Agreement. Each Owner is an independent contractor and is not an agent of the City. None of the terms or 86 provisions of this Agreement shall be deemed to create a partnership or joint venture between the City and either Owner or to provide third party beneficiary rights to any person or entity not a Party hereto. The only relationship between the City and the Owners is that of a governmental entity regulating the development of private property and the owner of such private property.
1006. Waiver of Provisions. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. No wavier of any right or remedy with respect to any occurrence or event shall be deemed a waiver of any other occurrence or event.
1007. Time of Essence. Time is of the essence of each provision of this Agreement of which time is an element.
1008. California Law. This Agreement shall be construed and enforced in accordance with California Law.
1009. Attorneys' Fees. In any legal action or other proceeding brought by any Party to enforce or interpret a provision of this Agreement, the prevailing party is entitled to reasonable attorney's fees and any related costs incurred in that proceeding in addition to any other relief to which it is entitled. 1010. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties.
1011. Covenants Running With the Land. All of the provisions contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring all or a portion of the Project, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law including, without limitation, California Civil Code section 1468.
1012. Notices. All formal notices required by this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, to the principal offices of the City and the Owners with copies sent as set forth below. The addresses of the Parties as of the date hereof are as set forth below. Such written notices, demands, correspondence and communication may be directed in the same manner to such other persons and addresses as a Party may from time to time designate in writing. Each Owner shall give written notice to the City, within ten (10) days after the close of escrow, of any sale or transfer of any portion of the Subject Property and any assignment or partial assignment of this Agreement, specifying the name or names of the transferee, the transferee's mailing address, the legal description of the land sold or transferred, and the name and address of any person or entity to whom any notice relating to this Agreement shall be given with respect to such transferred portion of the Subject Property.

Notices required to be given to the City shall be addressed as follows:

Attention City Mayor
1710 Tucker Street
Selma, California 93662
Notice required to be given to Lennar shall be addressed as follows:

If to Lennar: Ms. Rhonda Hill
87 Senior Vice President of Land Operations
Lennar Homes of California, LLC
8080 N. Palm Ave., Suite 110
Fresno, CA 93711
If to the Serimian Parties: Daniel L. Serimian
Manager, BAK Limited, LLC
2497 Country Club Lane
Selma, CA 93662
And to: Bruce Brown, Esq.

Wild, Carter and Tipton
246 W. Shaw Avenue
Fresno, CA 93704
And to: Marlon Serimian
__________________
__________________
And to: David M. Serimian
10463 S. Del Rey Avenue
Selma, CA 93662
__________________
And to: Leslie A Morgan
__________________
__________________
1013. Entire Agreement, Counterparts and Exhibits. This Agreement is executed in two (2) duplicate counterparts, each of which is deemed to be an original. [signature page following]
88 25
IN WITNESS WHEREOF, the City and each of the Owners have executed this Agreement as of the date first set forth above.

City
City of Selma,
a municipal corporation
By: _________________
Fernando Santillan
City Manager
Attest:

By: _______________________
Mary J. Vanegas, Deputy City Clerk
Approved as to form:

By: ______________________
Neal Costanzo,
City Attorney
Lennar:

Lennar Homes of California, LLC,
a California limited liability company
By: ________________________
Printed Name: _______________
Title: ______________________
Serimian Parties
BAK Limited, LLC, a California limited liability
company
By: _________________________________
Printed Name: ________________________
Title: Manager
____________________________________
Marlon D. Serimian, a single man
____________________________________
David M. Serimian, a single man
____________________________________
Leslie A. Morgan, a single woman
89 List of Exhibits
Exhibit A-1, Legal description of Lennar Property
Exhibit A-2, Legal description of Serimian Property
Exhibit B, Copy of Map of Tract 6244
Exhibit C, Schedule of Uses and Densities Permitted by Amberwood Specific Plan RM Zoning Exhibit D-1 - Table of Development Impact Fees Applicable to Tract 6244 Exhibit D -2 Table of Development Impact Fees Applicable to Subsequent Development ApplicationsTract 6244
Exhibit D-3, Table of Tract 6244 Exactions
Exhibit E-1, Outlot A Park Specifications
Exhibit E-2, Outlot B Park Specifications
Exhibit E-3, Outlot D Open Space Specifications
Exhibit F-1, Conceptual Drawing of Dual Use Basin Park Amenities Phasing Exhibit F-2, Conceptual Specifications of Dual Use Basin Park Amenities Phasing Exhibit F-3, Delineation of Dual Use Basin Location
Exhibit F-4, Storm Drainage Facility Requirements for Tract 6244 Exhibit F-5, Conceptual Drawing of Dual Use Basin Phasing of Drainage Facilities Exhibit G-1, Table of City of Selma Intersections, Roadway Segments, and Bridges Requiring Future Traffic Impact Study and Fair Share Payments
Exhibit G-2, Table of County of Fresno Uncontrolled Intersections Outside City Sphere of Influence Requiring Future Traffic Impact Study and Fair Share Payments Exhibit G-3, Table of Fair Share Payments for Tract 6244 for Traffic Facilities 90 EXHIBIT A-1
91 92
Sheet 1 of 2

LEGAL DESCRIPTION
ADJUSTED PARCEL A:

THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 15 SOUTH, RANGE 22 EAST,

MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT

THEREOF

TOGETHER WITH

THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; AND THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; AND THE WEST HALF OF

THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 15 SOUTH, RANGE 22 EAST,

MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT

THEREOF

EXCEPTING THEREFROM

THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST

QUARTER OF THE SOUTHEAST QUARTER AND THE WEST HALF OF THE EAST

HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32 DECRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE EAST

HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE SOUTH 0°18’29” WEST, 532.15 FEET TO

THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 355.50 FEET AND TO WHICH SAID BEGINNING, A RADIAL LINE BEARS NORTH 68°28’29” EAST; THENCE NORTHWESTERLY 135.14 FEET ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 21°46’49”; THENCE NORTH 43°18’20” WEST, 372.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 474.50 FEET; THENCE NORTHWESTERLY, 179.83 FEET ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 21°42’51” TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTIOIN 32; THENCE SOUTH 89°36’19” EAST ALONG SAID NORTH LINE, 426.06 FEET TO THE POINT OF BEGINNING.
93 Sheet 1 of 1

LEGAL DESCRIPTION
APN: 358-100-06 (Portion)

THAT PORTION OF THE EAST HALF OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE EAST

HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE SOUTH 0°18’29” WEST, 532.15 FEET

ALONG THE WEST LINE OF SAID EAST HALF OF THE EAST HALF OF THE WEST

HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER TO THE

BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 355.50 FEET AND TO WHICH SAID BEGINNING, A RADIAL LINE BEARS NORTH 68°28’29” EAST AND TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHEASTERLY, 135.47 FEET ALONG SAID NONTANGENT CURVE THROUGH A CENTRAL ANGLE OF 21°50’00” TO A POINT ON A LINE PARALEL WITH AND LYING 25.50 FEET EAST OF SAID WEST LINE; THENCE SOUTH 0°18’29” WEST ALONG SAID PARALLEL LINE, 432.23 FEET; THENCE NORTH 89°36’30” WEST, 25.50 FEET TO SAID WEST LINE; THENCE ALONG SAID WEST LINE, NORTH 0°18’29” EAST, 564.41 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING AN AREA OF 13,286 SQUARE FEET, MORE OR LESS
94 Sheet 1 of 1

LEGAL DESCRIPTION
APN: 358-100-07 (Portion)
THE WEST 307 FEET OF THE SOUTH 225 FEET OF THE FOLLOWING DESCRIBED PROPERTY:

THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER

AND THE EAST HALF OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 32, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE

UNITED STATES GOVERNMENT TOWNSHIP PLAT APPROVED BY THE SURVEYOR GENERAL ON DECEMBER 24, 1854.

EXCEPTING THEREFROM THE WEST 25.50 FEET THEREOF
95 EXHIBIT A-2
96 97
98 99
100
101
102
103

EXHIBIT B
104
SITE PROJECT 2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727 TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM VICINITY MAP: RECORDER'S CERTIFICATE: NOTARY ACKNOWLEDGMENTS: RECORD TITLE INTEREST STATEMENT: THIS PROPERTY IS SUBJECT TO THE FOLLOWING: LEGAL DESCRIPTION: CITY CLERK'S STATEMENT: PLANNING COMMISSION CERTIFICATE: CITY SURVEYOR'S STATEMENT: CITY ENGINEER'S STATEMENT: SURVEYOR'S STATEMENT: BASIS OF BEARINGS: SOILS REPORT STATEMENT:
105
D

BOUNDARY ANALYSIS
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM
BASIS OF BEARINGS:

LEGEND:

ORANGE AVENUE

EAST FLORAL AVENUE SOUTH DEL REY AVENUE

EAST HUNTSMAN AVENUE ALIGNMENT SOUTH DOCKERY AVENUE SELMA BRANCH CANAL 106
184
4,528 S.F.
185
4,528 S.F.
186
4,528 S.F.
187
4,529 S.F.
188
4,529 S.F.
1 4,480 S.F.
2 4,000 S.F.
3 4,000 S.F.
4 4,000 S.F.
189
4,529 S.F.
190
4,529 S.F.
191
4,529 S.F.
192
4,529 S.F.
193
4,529 S.F.
194
5,130 S.F. 195
10,125 S.F.
199
5,029 S.F.
201
5,882 S.F.
211
4,455 S.F.
210
4,455 S.F.
209
4,455 S.F.
208
4,455 S.F.
207
4,455 S.F.
206
4,455 S.F.
205
4,455 S.F.
204
4,455 S.F.
203
5,229 S.F.
222
4,050 S.F.
223
4,050 S.F.
224
4,050 S.F.
225
4,050 S.F.
226
4,050 S.F.
227
4,050 S.F.
228
4,050 S.F.
229
4,050 S.F.
230
4,050 S.F.
231
232
4,909 S.F.
4,480 S.F.
233
4,080 S.F.
234
4,080 S.F.
236
4,080 S.F.
248
4,080 S.F.
249
4,479 S.F.
250
3,360 S.F.
251
3,080 S.F.
252
3,080 S.F.
253
3,080 S.F.
254
3,080 S.F.
255
3,080 S.F.
256
3,080 S.F.
257
3,080 S.F.
258 265
266
3,080 S.F.
267
3,080 S.F.
268
3,080 S.F.
269
3,080 S.F.
270
3,080 S.F.
271
3,080 S.F.
272
3,080 S.F.
273
3,359 S.F.
274
3,360 S.F.
275
3,080 S.F.
276
3,080 S.F.
277
3,080 S.F.
278
3,080 S.F.
279
3,080 S.F.
280
3,080 S.F.
281
3,080 S.F.
246
4,080 S.F.
245
4,080 S.F.
244
4,080 S.F.
247
4,080 S.F.
237
4,080 S.F.
200
4,952 S.F.
196
198
9,263 S.F.
5,276 S.F.
197
11,304 S.F.
38 4,080 S.F.
202
11,340 S.F.

OUTLOT C
4,121 S.F.

OUTLOT D
5,208 S.F.
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM

MANGO AVENUE

CITRUS AVENUE TANGELO AVENUE CHERRY AVENUE MULBERRY AVENUE NOTES:

ORANGE AVENUE DOCKERY AVENUE
LEGEND: SEE SHEET 5
SEE SHEET 4

MAPLE STREET
107
5 4,000 S.F.
6 4,000 S.F.
7 4,000 S.F.
8 4,000 S.F.
9 4,000 S.F.
10 4,000 S.F.
11 4,000 S.F.
12 4,000 S.F.
13 5,900 S.F.
14 11,133 S.F. 15
6,801 S.F. 26
6,170 S.F.
27 6,120 S.F.
28 5,400 S.F.
29 5,400 S.F.
30 5,500 S.F.
31 5,500 S.F.
32 5,500 S.F.
33 5,500 S.F.
34 5,500 S.F.
35 5,500 S.F.
36 5,400 S.F.
37 5,400 S.F.
38 6,119 S.F.
39 5,920 S.F. 40
4,583 S.F.
41 4,583 S.F.
42 4,583 S.F.
43 4,583 S.F.
44 4,583 S.F.
45 4,587 S.F.
46 4,583 S.F.
47 4,583 S.F.
48 4,583 S.F.
49 4,583 S.F.
50 4,583 S.F.
51 4,583 S.F.
52 5,920 S.F.
239
4,080 S.F.
240
4,479 S.F.
241
4,480 S.F.
3,080 S.F.
258
3,080 S.F.
259
3,080 S.F.
260
3,080 S.F.
261
3,359 S.F.
262
3,360 S.F.
263
3,080 S.F.
264
3,080 S.F.
265
3,080 S.F.
3,080 S.F.
281
3,080 S.F.
282
3,080 S.F.
283
3,080 S.F.
284
3,080 S.F.
285
3,359 S.F.
286
3,360 S.F.
287
3,080 S.F.
288
3,080 S.F.
289
3,080 S.F.
290
3,080 S.F.
16 5,500 S.F.
17 5,500 S.F.
18 5,500 S.F.
19 5,500 S.F.
20 5,400 S.F.
21 5,400 S.F.
22 5,400 S.F.
23 5,400 S.F.
24 5,400 S.F.
25 5,400 S.F.
4,080 S.F.
243
4,080 S.F.
242
4,080 S.F.
4,080 S.F.
238
4,080 S.F.
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM TANGELO AVENUE CHERRY AVENUE MULBERRY AVENUE PECAN AVENUE

POMEGRANATE AVENUE

PEAR AVENUE DOCKERY AVENUE
SEE SHEET 3 SEE SHEET 6NOTES:

LEGEND:

FLORAL AVENUE
108
175
4,527 S.F.
176
4,527 S.F.
177
4,527 S.F.
178
4,528 S.F.
179
4,528 S.F.
180
4,528 S.F.
181
4,528 S.F.
182
4,528 S.F.
183
4,528 S.F.
184
4,528 S.F.
185
4,528 S.F.
124
5,144 S.F.
125
4,400 S.F.
128
4,400 S.F.
127
4,400 S.F.
126
4,400 S.F.
141
4,532 S.F.
138
4,635 S.F.
142
5,298 S.F.
140
4,533 S.F. 136
6,017 S.F.
143
5,120 S.F.
144
4,400 S.F.
145
4,399 S.F.
146
4,500 S.F.
147
4,500 S.F.
135
5,876 S.F.
137
4,991 S.F.
139
4,635 S.F.
148
5,006 S.F.
149
7,250 S.F.
158
4,200 S.F.
159
4,200 S.F.
160
4,200 S.F.
170
8,886 S.F.
171
4,696 S.F.
172
4,527 S.F.
173
4,527 S.F.
174
4,527 S.F.
213
4,455 S.F.
212
4,455 S.F.
211
4,455 S.F.
210
4,455 S.F.
217
5,912 S.F.
218
4,500 S.F.
219
4,320 S.F.
220
4,050 S.F.
221
4,050 S.F.
222
4,050 S.F.
223
4,050 S.F.
274
3,360 S.F.
275
3,080 S.F.
276
3,080 S.F.
277
3,080 S.F.
278
3,080 S.F.
279
3,080 S.F.
280
3,080 S.F.
281
3,080 S.F.
282
3,080 S.F.
289
3,080 S.F.
290
3,080 S.F.
291
3,080 S.F.
292
3,080 S.F.
293
3,080 S.F.
294
3,080 S.F.
295
3,080 S.F.
296
3,080 S.F.
297
3,359 S.F.

OUTLOT A
86,813 S.F.
166
4,904 S.F.
167
5,673 S.F.
168
5,463 S.F.
214
4,455 S.F.
215
4,455 S.F. 216
5,501 S.F.
161
6,423 S.F.
157
4,720 S.F.
150
6,871 S.F.
129
4,400 S.F.
130
4,477 S.F.
131
4,884 S.F.
155
4,321 S.F.
154
4,322 S.F.
153
4,321 S.F.
152
4,321 S.F.
151
4,321 S.F.
156
6,111 S.F.
169
6,278 S.F.
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM PECAN AVENUE SPRUCE AVENUE SEE SHEET 3 SEE SHEET 6 MULBERRY AVENUE

MANGO AVENUE

PECAN AVENUE

CITRUS AVENUE

PERSIMMON AVENUE

APRICOT AVENUE

JUNIPER AVENUE
NOTES: SEE SHEET 7
LEGEND:
109
26 6,170 S.F.
27 6,120 S.F.
28 5,400 S.F.
51 4,583 S.F.
52 5,920 S.F. 53
5,920 S.F. 54
4,650 S.F.
55 4,650 S.F.
56 4,650 S.F.
57 4,650 S.F.
58 4,650 S.F.
59 4,650 S.F.
60 4,700 S.F.
61 4,650 S.F.
62 4,650 S.F.
63 4,650 S.F.
64 4,650 S.F.
65 4,650 S.F.
66 4,650 S.F.
67 5,920 S.F.
68 6,120 S.F.
69 5,400 S.F.
70 5,400 S.F.
71 5,500 S.F.
72 5,500 S.F.
73 5,500 S.F.
74 5,500 S.F.
75 5,500 S.F.
76 5,500 S.F.
77 5,500 S.F.
78 5,400 S.F.
79 5,400 S.F.
80 6,119 S.F.
81 6,171 S.F.
82 5,400 S.F.
83 5,400 S.F.
84 5,400 S.F.
85 5,400 S.F.
86 5,400 S.F.
87 5,400 S.F.
88 5,500 S.F.
89 5,500 S.F.
90 5,500 S.F.
91 5,500 S.F.
92 5,500 S.F.
93 5,500 S.F.
109
5,047 S.F.
110
5,219 S.F.
111
6,148 S.F.
113
4,500 S.F.
114
4,700 S.F.
115
4,700 S.F.
116
4,700 S.F.
117
4,700 S.F.
118
4,700 S.F.
119
4,700 S.F.
120
4,700 S.F.
121
4,700 S.F.
122
4,500 S.F.
123
5,319 S.F.
124
5,144 S.F.
125
4,400 S.F.
128
4,400 S.F.
127
4,400 S.F.
126
4,400 S.F.

OUTLOT A
86,813 S.F.
5,400 S.F.
112
5,320 S.F.
129
4,400 S.F.
130
4,477 S.F.
131
4,884 S.F.
132
5,718 S.F.
133
8,981 S.F.
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM

POMEGRANATE AVENUE
PEAR AVENUE SEE SHEET 8
SEE SHEET 5 SEE SHEET 4 PECAN AVENUE

PERSIMMON AVENUE SPRUCE AVENUE PECAN AVENUE

FLORAL AVENUE
NOTES:

LEGEND:
110
107
5,370 S.F.
108
5,728 S.F.
109
5,047 S.F.
110
5,219 S.F.
111
6,148 S.F.
136
6,017 S.F.
135
5,876 S.F.
137
4,991 S.F.
148
5,006 S.F.
149
7,250 S.F.
162
5,720 S.F.
163
4,900 S.F.
164
4,900 S.F.
165
5,000 S.F.
102
4,722 S.F.
103
4,720 S.F.
166
4,904 S.F.
167
5,673 S.F.
168
5,463 S.F.
134
5,143 S.F.
106
6,185 S.F.
105
5,579 S.F.
104
5,778 S.F.
129
4,400 S.F.
130
4,477 S.F.
131
4,884 S.F.
132
5,718 S.F.
133
8,981 S.F.

JUNIPER AVENUE

APRICOT AVENUE
169
6,278 S.F.
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM SEE SHEET 5
SEE SHEET 8

PERSIMMON AVENUE
106
6,185 S.F.
107
5,370 S.F.
106
6,185 S.F.
107
5,370 S.F.

DETAIL "A"
SCALE: 1" = 10'
DETAIL "B"
SCALE: 1" = 10'
NOTES:

LEGEND:
111
66 4,650 S.F.
67 5,920 S.F.
68 6,120 S.F. 5,400 S.F.
92 5,500 S.F.
93 5,500 S.F.
95 8,769 S.F.
94 9,365 S.F.
96 5,550 S.F.
97 5,546 S.F.
98 5,542 S.F.
99 5,545 S.F.
100
5,534 S.F.
101
5,530 S.F.
109
5,047 S.F.
110
5,219 S.F.
111
6,148 S.F.
113
4,500 S.F.

OUTLOT B
5,458 S.F.
102
4,722 S.F.
103
4,720 S.F.
112
5,320 S.F.
104
5,778 S.F. JUNIPER AVENUE
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM APRICOT AVENUE SEE SHEET 6 SEE SHEET 7
1 4,480 S.F.

DETAIL "C"
SCALE: 1" = 10'
DETAIL "D"
SCALE: 1" = 10'
194
5,130 S.F.
193
4,529 S.F.

DETAIL "E"
SCALE: 1" = 10'
171
4,696 S.F.
170
8,886 S.F.

FLORAL AVENUE
NOTES:

LEGEND:
112
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM
113

EXHIBIT C
114
115
EXHIBIT D-1
116
ENR Construction Index, Monthly

YEAR JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANN Increase
Annual
2003 6,580.54 6,640.06 6,627.39 6,635.49 6,641.98 6,693.94 6,695.57 6,732.81 6,741.03 6,770.96 6,794.25 6,781.86 6,694.64 2004 6,824.90 6,861.10 6,956.53 7,016.91 7,064.14 7,109.40 7,125.96 7,187.62 7,298.25 7,313.88 7,311.63 7,308.30 7,114.89 6.28% 2005 7,297.24 7,297.58 7,308.75 7,355.38 7,398.03 7,414.97 7,421.57 7,478.15 7,518.28 7,562.50 7,631.58 7,646.87 7,445.98 4.65% 2006 7,660.29 7,688.90 7,691.72 7,694.40 7,690.72 7,699.59 7,700.00 7,722.66 7,763.15 7,882.53 7,910.81 7,887.62 7,749.37 4.07% 2007 7,879.58 7,879.54 7,856.27 7,862.58 7,942.00 7,983.58 7,959.17 8,007.48 8,049.65 8,045.14 8,091.81 8,089.45 7,970.52 2.85% 2008 8,090.06 8,094.28 8,109.00 8,126.30 8,140.61 8,184.94 8,293.05 8,361.74 8,556.72 8,623.22 8,602.45 8,551.32 8,311.14 4.27% 2009 8,549.06 8,532.73 8,534.05 8,528.39 8,573.87 8,578.28 8,566.14 8,563.80 8,585.71 8,596.31 8,591.79 8,641.45 8,570.13 3.12% 2010 8,660.08 8,671.00 8,671.07 8,676.68 8,761.47 8,804.79 8,864.72 8,837.37 8,857.70 8,920.54 8,950.64 8,952.40 8,800.66 2.69% 2011 8,938.30 8,998.02 9,010.80 9,027.23 9,034.67 9,052.64 9,080.15 9,088.24 9,115.95 9,146.95 9,173.21 9,171.73 9,096.82 3.37% 2012 9,171.73 9,198.29 9,267.57 9,272.95 9,289.65 9,290.00 9,323.58 9,350.99 9,341.03 9,375.52 9,398.41 9,412.25 9,307.66 2.32% 2013 9,437.27 9,453.02 9,455.98 9,483.70 9,515.86 9,542.33 9,551.78 9,545.33 9,551.58 9,688.86 9,666.46 9,667.77 9,546.66 2.57% 2014 9,664.45 9,681.11 9,701.96 9,749.51 9,795.92 9,800.38 9,834.63 9,845.59 9,870.12 9,886.06 9,912.01 9,936.44 9,806.52 2.72% 2015 9,971.96 9,961.75 9,972.38 9,992.34 9,979.00 10,036.38 10,037.40 10,038.79 10,065.09 10,128.32 10,092.38 10,135.00 10,034.23 2.32% 2016 10,132.55 10,181.92 10,242.09 10,279.94 10,315.44 10,337.05 10,379.26 10,385.65 10,403.43 10,434.56 10,442.61 10,442.61 10,331.43 2.96% 2017 10,542.01 10,558.63 10,667.39 10,678.15 10,692.17 10,702.81 10,789.41 10,826.31 10,822.92 10,817.11 10,870.06 10,873.46 10,736.70 3.92% 2018 10,878.01 10,889.17 10,958.79 10,971.07 11,012.77 11,068.57 11,116.42 11,124.49 11,170.28 11,183.28 11,183.78 11,185.51 11,061.85 3.03% 2019 11,206.00 11,213.00 11,228.00 11,228.00 11,230.00 11,268.00 11,293.00 11,311.00 11,311.00 11,326.00 11,381.00 11,381.00 11,281.00 1.98% 2020 11,392.00 11,396.00 11,397.00 11,412.00 11,418.00 11,436.00 11,439.00 11,455.00 11,499.00 11,539.00 11,579.00 11,626.00 11,465.67 1.64% 2021 11,627.00 11,698.00 11,749.00 11,849.00 11,989.00 12,112.00 12,237.00 12,463.00 12,464.00 12,464.00 12,467.00 12,481.00 12,133.00 5.82% https://www.enr.com/economics/historical_indices/construction_cost_index_history As of Jan. 2018, Use ENR Construction Cost index
http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/econ/prices/ Reference:
117
2021 Increase 2022
Low Density Detached Dwellings $ 503.90 5.82% $ 533.22 Per Dwelling Unit Medium Density Detached Dwellings $ 503.90 5.82% $ 533.22 Per Dwelling Unit Attached Dwellings $ 1,421.67 5.82% $ 1,504.41 Per Dwelling Unit Mobile Home Dwellings $ 144.97 5.82% $ 153.41 Per Dwelling Unit Commercial Lodging Units $ 482.85 5.82% $ 510.95 Per Dwelling Unit Retail/Service/Office Uses $ 0.43 5.82% $ 0.46 Per Square Foot Regional Commercial Uses $ 0.43 5.82% $ 0.46 Per Square Foot Industrial/Manufacturing Uses $ 0.004 5.82% $ 0.004 Per Square Foot Zone District Fee

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR LAW ENFORCEMENT FACILITIES, VEHICLES, AND EQUIPMENT INFLATION RATE USED FOR 2022 AT 5.82%
The Development Impact Fee for Law Enforcement Facilities, Vehicles and Equipment for the City of Selma is hereby revised as follows:

Resolution No. 2015-22R Schedule Year 2022
118
2021 Increase 2022
Low Density Detached Dwellings $ 501.56 5.82% $ 530.75 Per Dwelling Unit Medium Density Detached Dwellings $ 501.56 5.82% $ 530.75 Per Dwelling Unit Attached Dwellings $ 1,737.33 5.82% $ 1,838.44 Per Dwelling Unit Mobile Home Dwellings $ 4,363.21 5.82% $ 4,617.15 Per Dwelling Unit Commercial Lodging Units $ 1,066.25 5.82% $ 1,128.31 Per Dwelling Unit Retail/Service/Office Uses $ 0.08 5.82% $ 0.08 Per Square Foot Regional Commercial Uses $ 0.08 5.82% $ 0.08 Per Square Foot Industrial/Manufacturing Uses $ 0.01 5.82% $ 0.01 Per Square Foot Zone District Fee

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR FIRE PROTECTION FACILITIES, VEHICLES, AND EQUIPMENT INFLATION RATE USED FOR 2022 AT 5.82%
The Development Impact Fee for Fire Supression Facilities, Vehicles and Equipment for the City of Selma is hereby revised as follows:

Resolution No. 2015-22R Schedule Year 2022
119
2021 Increase 2022
Low Density Detached Dwellings $ 1,789.95 5.82% $ 1,894.13 Per Dwelling Unit Medium Density Detached Dwellings $ 1,789.95 5.82% $ 1,894.13 Per Dwelling Unit Attached Dwellings $ 1,194.86 5.82% $ 1,264.40 Per Dwelling Unit Mobile Home Dwellings $ 650.04 5.82% $ 687.87 Per Dwelling Unit Commercial Lodging Units $ 534.29 5.82% $ 565.39 Per Dwelling Unit Retail/Service/Office Uses $ 3,073.65 5.82% $ 3,252.54 Per 1,000 Square Foot Regional Commercial Uses $ 4,070.93 5.82% $ 4,307.86 Per 1,000 Square Foot Industrial/Manufacturing Uses $ 2,470.38 5.82% $ 2,614.16 Per 1,000 Square Foot

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR CIRCULATION SYSTEM (STREETS, SIGNALS AND BRIDGES)
FOR RESIDENTIAL/BUSINESS TYPE SQ. FT.

INFLATION RATE USED FOR 2022 AT 5.82%
The Development Impact Fee for Circulation (Streets, Signals and Bridges) System for the City of Selma is hereby revised as follows:

Zone District Fee
Resolution No. 2015-22R Schedule Year 2022
120
Increase
Land Use Trip-Ends
Adjusted
Distance
Average Trip-end
to Trip Trip-Miles
Additional
Trip Mile
Cost Per
Trip-Ends
Adjusted
Distance
Average Trip-end
to Trip Trip-Miles
Additional
Trip Mile
Cost Per
General Light Industrial
Industrial

7.43 10.84 0.60 33.49 53.31 1482.10 KSF 5.82% 7.86 11.47 0.63 35.44 56.41 1568.36 KSF Heavy Industrial 7.68 10.84 0.60 34.57 53.31 1530.08 KSF 5.82% 8.13 11.47 0.63 36.58 56.41 1619.13 KSF Manufacturing 3.29 10.84 0.60 14.82 53.31 655.75 KSF 5.82% 3.48 11.47 0.63 15.68 56.41 693.91 KSF Warehouse 5.29 10.84 0.60 23.85 53.31 1055.60 KSF 5.82% 5.60 11.47 0.63 25.24 56.41 1117.04 KSF Office Park
Commercial

10.94 10.60 0.60 48.18 53.31 2132.52 KSF 5.82% 11.58 11.22 0.63 50.98 56.41 2256.63 KSF Research Park 8.65 10.60 0.60 38.06 53.31 1684.69 KSF 5.82% 9.15 11.22 0.63 40.28 56.41 1782.74 KSF Business Park 13.60 10.60 0.60 59.87 53.31 2649.65 KSF 5.82% 14.39 11.22 0.63 63.35 56.41 2803.86 KSF Automobile Parts Sales
Retail/Service

34.68 5.18 0.60 74.56 53.31 3300.07 KSF 5.82% 36.70 5.48 0.63 78.90 56.41 3492.13 KSF Bldg. Materials/Lumber Store 35.35 5.18 0.60 76.01 53.31 3364.05 KSF 5.82% 37.41 5.48 0.63 80.43 56.41 3559.84 KSF Church 8.40 5.18 0.60 18.07 53.31 799.69 KSF 5.82% 8.89 5.48 0.63 19.12 56.41 846.23 KSF Convenience Market 52.48 5.18 0.60 112.87 53.31 4995.42 KSF 5.82% 55.53 5.48 0.63 119.44 56.41 5286.15 KSF Convenience Market 24 hour 577.81 5.18 0.60 1242.24 53.31 54981.63 KSF 5.82% 611.44 5.48 0.63 1314.54 56.41 58181.56 KSF Discount Center 75.80 5.18 0.60 162.97 53.31 7213.24 KSF 5.82% 80.21 5.48 0.63 172.45 56.41 7633.05 KSF Discount Club 32.73 5.18 0.60 70.35 53.31 3113.47 KSF 5.82% 34.63 5.48 0.63 74.44 56.41 3294.67 KSF Factory Outlet 32.08 5.18 0.60 69.02 53.31 3054.83 KSF 5.82% 33.95 5.48 0.63 73.04 56.41 3232.62 KSF Garden Center 28.25 5.18 0.60 60.71 53.31 2686.97 KSF 5.82% 29.89 5.48 0.63 64.24 56.41 2843.35 KSF General Office Building 8.62 5.18 0.60 18.55 53.31 821.01 KSF 5.82% 9.12 5.48 0.63 19.63 56.41 868.79 KSF Hardware/Paint Store 40.16 5.18 0.60 86.37 53.31 3822.53 KSF 5.82% 42.50 5.48 0.63 91.40 56.41 4045.00 KSF High-Turnover Restaurant 11.46 5.18 0.60 24.57 53.31 1087.58 KSF 5.82% 12.13 5.48 0.63 26.00 56.41 1150.88 KSF Hospital 18.09 5.18 0.60 38.91 53.31 1722.01 KSF 5.82% 19.14 5.48 0.63 41.17 56.41 1822.23 KSF Medical-Dental Office 30.87 5.18 0.60 135.87 53.31 6013.70 KSF 5.82% 32.67 5.48 0.63 143.78 56.41 6363.70 KSF Movie Theater 3.41 5.18 0.60 7.35 53.31 325.21 KSF 5.82% 3.61 5.48 0.63 7.78 56.41 344.14 KSF New Car Sales 18.67 5.18 0.60 40.11 53.31 1775.32 KSF 5.82% 19.76 5.48 0.63 42.44 56.41 1878.64 KSF Shopping Center 33.62 5.18 0.60 72.27 53.31 3198.78 KSF 5.82% 35.58 5.48 0.63 76.48 56.41 3384.95 KSF Supermarket 80.05 5.18 0.60 172.13 53.31 7618.41 KSF 5.82% 84.71 5.48 0.63 182.15 56.41 8061.80 KSF Tire Store 13.92 5.18 0.60 29.99 53.31 1327.49 KSF 5.82% 14.73 5.48 0.63 31.74 56.41 1404.75 KSF Walk-in Bank 14.49 5.18 0.60 31.20 53.31 1380.80 KSF 5.82% 15.33 5.48 0.63 33.02 56.41 1461.16 KSF Cemetary
Other (not available "per KSF")

3.70 5.18 0.60 7.95 53.31 351.87 KSF 5.82% 3.92 5.48 0.63 8.41 56.41 372.35 KSF Service Station/Market (avg) 92.80 5.18 0.60 199.47 53.31 8828.63 KSF 5.82% 98.20 5.48 0.63 211.08 56.41 9342.46 KSF Serivce Station/Car Wash 85.61 5.18 0.60 184.05 53.31 8146.22 KSF 5.82% 90.59 5.48 0.63 194.76 56.41 8620.33 KSF ADT Cost Per
Room, KSF or Unit

SCHEDULE OF DEVELOPMENT IMPACT FEES

ADT Cost Per 1,000 Sqft,
KSF or Dwelling Unit
2021 2022
Resolution No. 2015-22R Schedule Year 2022
121
2021 Increase 2022
Low Density Detached Dwellings $ 5,667.96 5.82% $ 5,997.84 Per Dwelling Unit Medium Density Detached Dwellings $ 3,433.75 5.82% $ 3,633.59 Per Dwelling Unit Attached Dwellings $ 1,594.70 5.82% $ 1,687.51 Per Dwelling Unit Mobile Home Dwellings $ 2,125.49 5.82% $ 2,249.19 Per Dwelling Unit Commercial Lodging Units $ 979.74 5.82% $ 1,036.76 Per Dwelling Unit Retail/Service/Office Uses $ 1.13 5.82% $ 1.19 Per Square Foot Regional Commercial Uses $ 0.74 5.82% $ 0.79 Per Square Foot Industrial/Manufacturing Uses $ 0.58 5.82% $ 0.61 Per Square Foot Zone District

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR STORM DRAINAGE FACILITIES
To provide for appropriate flood control and Storm Drainage Collection System Facilities for the community due to the impact of new development.

INFLATION RATE USED FOR 2022 AT 5.82%
Fee
Resolution No. 2015-22R Schedule Year 2022
122
2021 Increase 2022
Low Density Detached Dwellings $ 727.20 5.82% $ 769.52 Per Dwelling Unit Medium Density Detached Dwellings $ 727.20 5.82% $ 769.52 Per Dwelling Unit Attached Dwellings $ 690.96 5.82% $ 731.17 Per Dwelling Unit Mobile Home Dwellings $ 348.40 5.82% $ 368.68 Per Dwelling Unit Commercial Lodging Units $ 299.30 5.82% $ 316.72 Per Dwelling Unit Retail/Service/Office Uses $ 0.09 5.82% $ 0.09 Per Square Foot Regional Commercial Uses $ 0.09 5.82% $ 0.09 Per Square Foot Industrial/Manufacturing Uses $ 0.09 5.82% $ 0.09 Per Square Foot Zone District

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR SANITARY SEWER COLLECTION SYSTEM
To provide for appropriate Wastewater Collection Facilities and facilitate connection to existing sewer system for new development in the community.

INFLATION RATE USED FOR 2022 AT 5.82%
Fee
Resolution No. 2015-22R Schedule Year 2022
123
2021 Increase 2022
Low Density Detached Dwellings $ 553.00 5.82% $ 585.18 Per Dwelling Unit Medium Density Detached Dwellings $ 553.00 5.82% $ 585.18 Per Dwelling Unit Attached Dwellings $ 553.00 5.82% $ 585.18 Per Dwelling Unit Mobile Home Dwellings $ 553.00 5.82% $ 585.18 Per Dwelling Unit Commercial Lodging Units $ 137.96 5.82% $ 145.99 Per Dwelling Unit Retail/Service/Office Uses $ 0.10 5.82% $ 0.10 Per Square Foot Regional Commercial Uses $ 0.10 5.82% $ 0.10 Per Square Foot Industrial/Manufacturing Uses $ 0.10 5.82% $ 0.10 Per Square Foot

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR GENERAL FACILITIES, VEHICLES AND EQUIPMENT
To provide funds to mitigate the impact of new development in the community on the General Facilities, Vehicles and Equipment (i.e.., public works, administration) used to provide those services.

INFLATION RATE USED FOR 2022 AT 5.82%
Zone District Fee
Resolution No. 2015-22R Schedule Year 2022
124
2021 Increase 2022
Low Density Detached Dwellings $ 1,981.68 5.82% $ 2,097.01 Per Dwelling Unit Medium Density Detached Dwellings $ 1,981.68 5.82% $ 2,097.01 Per Dwelling Unit Attached Dwellings $ 1,884.64 5.82% $ 1,994.33 Per Dwelling Unit Mobile Home Dwellings $ 951.68 5.82% $ 1,007.07 Per Dwelling Unit Commercial Lodging Units No Fee 5.82% No Fee Per Dwelling Unit Retail/Service/Office Uses No Fee 5.82% No Fee Per Square Foot Regional Commercial Uses No Fee 5.82% No Fee Per Square Foot Industrial/Manufacturing Uses No Fee 5.82% No Fee Per Square Foot Zone District Fee

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR PUBLIC MEETING FACILITIES
The Development Impact Fee for Public Use Facilities for the City of Selma is hereby revised as follows:

INFLATION RATE USED FOR 2022 AT 5.82%
Resolution No. 2015-22R Schedule Year 2022
125
2021 Increase 2022
Low Density Detached Dwellings $ 6,773.97 5.82% $ 7,168.22 Per Dwelling Unit Medium Density Detached Dwellings $ 6,770.46 5.82% $ 7,164.50 Per Dwelling Unit Attached Dwellings $ 6,439.59 5.82% $ 6,814.37 Per Dwelling Unit Mobile Home Dwellings $ 3,249.03 5.82% $ 3,438.12 Per Dwelling Unit Commercial Lodging Units No Fee 5.82% No Fee Per Dwelling Unit Retail/Service/Office Uses No Fee 5.82% No Fee Per Square Foot Regional Commercial Uses No Fee 5.82% No Fee Per Square Foot Industrial/Manufacturing Uses No Fee 5.82% No Fee Per Square Foot Zone District

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR PARK LAND AND PARK IMPROVEMENTS
INFLATION RATE USED FOR 2022 AT 5.82%
The Development Impact Fee for Park Land Acquisition and Park Facilities Improvements for the City of Selma is hereby revised as follows:

Fee
Resolution No. 2015-22R Schedule Year 2022
126
2021 Increase 2022
Low Density Detached Dwellings $ 197.58 5.82% $ 209.08 Per Dwelling Unit Medium Density Detached Dwellings $ 197.58 5.82% $ 209.08 Per Dwelling Unit Attached Dwellings $ 188.23 5.82% $ 199.18 Per Dwelling Unit Mobile Home Dwellings $ 94.70 5.82% $ 100.21 Per Dwelling Unit Commercial Lodging Units $ 21.04 5.82% $ 22.26 Per Dwelling Unit Retail/Service/Office Uses $ 0.02 5.82% $ 0.02 Per Square Foot Regional Commercial Uses $ 0.02 5.82% $ 0.02 Per Square Foot Industrial/Manufacturing Uses $ 0.01 5.82% $ 0.01 Per Square Foot

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR OPEN SPACE ACQUISITION
INFLATION RATE USED FOR 2022 AT 5.82%
The Development Impact Fee for Open Space Land Acquisition for the City of Selma is hereby revised as follows:

Zone District Fee
Resolution No. 2015-22R Schedule Year 2022
127
EXHIBIT D-2*
*As of the intended Effective Date, the City of Selma Impact Fees remain as they are stated on Exhibit D-1. The schedule of those fees are included here as convenience of reference and as a place holder in the event such fees are revised before the Effective Date.
128
ENR Construction Index, Monthly

YEAR JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANN Increase
Annual
2003 6,580.54 6,640.06 6,627.39 6,635.49 6,641.98 6,693.94 6,695.57 6,732.81 6,741.03 6,770.96 6,794.25 6,781.86 6,694.64 2004 6,824.90 6,861.10 6,956.53 7,016.91 7,064.14 7,109.40 7,125.96 7,187.62 7,298.25 7,313.88 7,311.63 7,308.30 7,114.89 6.28% 2005 7,297.24 7,297.58 7,308.75 7,355.38 7,398.03 7,414.97 7,421.57 7,478.15 7,518.28 7,562.50 7,631.58 7,646.87 7,445.98 4.65% 2006 7,660.29 7,688.90 7,691.72 7,694.40 7,690.72 7,699.59 7,700.00 7,722.66 7,763.15 7,882.53 7,910.81 7,887.62 7,749.37 4.07% 2007 7,879.58 7,879.54 7,856.27 7,862.58 7,942.00 7,983.58 7,959.17 8,007.48 8,049.65 8,045.14 8,091.81 8,089.45 7,970.52 2.85% 2008 8,090.06 8,094.28 8,109.00 8,126.30 8,140.61 8,184.94 8,293.05 8,361.74 8,556.72 8,623.22 8,602.45 8,551.32 8,311.14 4.27% 2009 8,549.06 8,532.73 8,534.05 8,528.39 8,573.87 8,578.28 8,566.14 8,563.80 8,585.71 8,596.31 8,591.79 8,641.45 8,570.13 3.12% 2010 8,660.08 8,671.00 8,671.07 8,676.68 8,761.47 8,804.79 8,864.72 8,837.37 8,857.70 8,920.54 8,950.64 8,952.40 8,800.66 2.69% 2011 8,938.30 8,998.02 9,010.80 9,027.23 9,034.67 9,052.64 9,080.15 9,088.24 9,115.95 9,146.95 9,173.21 9,171.73 9,096.82 3.37% 2012 9,171.73 9,198.29 9,267.57 9,272.95 9,289.65 9,290.00 9,323.58 9,350.99 9,341.03 9,375.52 9,398.41 9,412.25 9,307.66 2.32% 2013 9,437.27 9,453.02 9,455.98 9,483.70 9,515.86 9,542.33 9,551.78 9,545.33 9,551.58 9,688.86 9,666.46 9,667.77 9,546.66 2.57% 2014 9,664.45 9,681.11 9,701.96 9,749.51 9,795.92 9,800.38 9,834.63 9,845.59 9,870.12 9,886.06 9,912.01 9,936.44 9,806.52 2.72% 2015 9,971.96 9,961.75 9,972.38 9,992.34 9,979.00 10,036.38 10,037.40 10,038.79 10,065.09 10,128.32 10,092.38 10,135.00 10,034.23 2.32% 2016 10,132.55 10,181.92 10,242.09 10,279.94 10,315.44 10,337.05 10,379.26 10,385.65 10,403.43 10,434.56 10,442.61 10,442.61 10,331.43 2.96% 2017 10,542.01 10,558.63 10,667.39 10,678.15 10,692.17 10,702.81 10,789.41 10,826.31 10,822.92 10,817.11 10,870.06 10,873.46 10,736.70 3.92% 2018 10,878.01 10,889.17 10,958.79 10,971.07 11,012.77 11,068.57 11,116.42 11,124.49 11,170.28 11,183.28 11,183.78 11,185.51 11,061.85 3.03% 2019 11,206.00 11,213.00 11,228.00 11,228.00 11,230.00 11,268.00 11,293.00 11,311.00 11,311.00 11,326.00 11,381.00 11,381.00 11,281.00 1.98% 2020 11,392.00 11,396.00 11,397.00 11,412.00 11,418.00 11,436.00 11,439.00 11,455.00 11,499.00 11,539.00 11,579.00 11,626.00 11,465.67 1.64% 2021 11,627.00 11,698.00 11,749.00 11,849.00 11,989.00 12,112.00 12,237.00 12,463.00 12,464.00 12,464.00 12,467.00 12,481.00 12,133.00 5.82% https://www.enr.com/economics/historical_indices/construction_cost_index_history As of Jan. 2018, Use ENR Construction Cost index
http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/econ/prices/ Reference:
129
2022
Low Density Detached Dwellings 533.22 Per Dwelling Unit Medium Density Detached Dwellings 533.22 Per Dwelling Unit Attached Dwellings 1,504.41 Per Dwelling Unit
Mobile Home Dwellings 153.41 Per Dwelling Unit
Commercial Lodging Units 510.95 Per Dwelling Unit
Retail/Service/Office Uses 0.46 Per Square Foot
Regional Commercial Uses 0.46 Per Square Foot
Industrial/Manufacturing Uses 0.004 Per Square Foot
Zone District

SCHEDULE OF DEVELOPMENT IMPACT FEES

Resolution No. 2015-22R Schedule Year 2022
130
2022
Low Density Detached Dwellings $ 530.75 Per Dwelling Unit Medium Density Detached Dwellings $ 530.75 Per Dwelling Unit Attached Dwellings $ 1,838.44 Per Dwelling Unit
Mobile Home Dwellings $ 4,617.15 Per Dwelling Unit
Commercial Lodging Units $ 1,128.31 Per Dwelling Unit
Retail/Service/Office Uses $ 0.08 Per Square Foot
Regional Commercial Uses $ 0.08 Per Square Foot
Industrial/Manufacturing Uses $ 0.01 Per Square Foot
Zone District

SCHEDULE OF DEVELOPMENT IMPACT FEES

Resolution No. 2015-22R Schedule Year 2022
131
2022
Low Density Detached Dwellings $ 1,894.13 Per Dwelling Unit Medium Density Detached Dwellings $ 1,894.13 Per Dwelling Unit Attached Dwellings $ 1,264.40 Per Dwelling Unit
Mobile Home Dwellings $ 687.87 Per Dwelling Unit
Commercial Lodging Units $ 565.39 Per Dwelling Unit
Retail/Service/Office Uses $ 3,252.54 Per 1,000 Square Foot Regional Commercial Uses $ 4,307.86 Per 1,000 Square Foot Industrial/Manufacturing Uses $ 2,614.16 Per 1,000 Square Foot

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR CIRCULATION SYSTEM (STREETS, SIGNALS AND BRIDGES)
FOR RESIDENTIAL/BUSINESS TYPE SQ. FT.

INFLATION RATE USED FOR 2022 AT 5.82%
The Development Impact Fee for Circulation (Streets, Signals and Bridges) System for the City of Selma is hereby revised as follows:

Zone District
Resolution No. 2015-22R Schedule Year 2022
132
Land Use Trip-Ends
Adjusted
Distance
Average Trip-end
to Trip Trip-Miles
Additional
Trip Mile
Cost Per
General Light Industrial
Industrial

7.86 11.47 0.63 35.44 56.41 1568.36 KSF
Heavy Industrial 8.13 11.47 0.63 36.58 56.41 1619.13 KSF Manufacturing 3.48 11.47 0.63 15.68 56.41 693.91 KSF
Warehouse 5.60 11.47 0.63 25.24 56.41 1117.04 KSF
Office Park
Commercial

11.58 11.22 0.63 50.98 56.41 2256.63 KSF
Research Park 9.15 11.22 0.63 40.28 56.41 1782.74 KSF
Business Park 14.39 11.22 0.63 63.35 56.41 2803.86 KSF
Automobile Parts Sales
Retail/Service

36.70 5.48 0.63 78.90 56.41 3492.13 KSF
Bldg. Materials/Lumber Store 37.41 5.48 0.63 80.43 56.41 3559.84 KSF Church 8.89 5.48 0.63 19.12 56.41 846.23 KSF
Convenience Market 55.53 5.48 0.63 119.44 56.41 5286.15 KSF Convenience Market 24 hour 611.44 5.48 0.63 1314.54 56.41 58181.56 KSF Discount Center 80.21 5.48 0.63 172.45 56.41 7633.05 KSF Discount Club 34.63 5.48 0.63 74.44 56.41 3294.67 KSF
Factory Outlet 33.95 5.48 0.63 73.04 56.41 3232.62 KSF
Garden Center 29.89 5.48 0.63 64.24 56.41 2843.35 KSF
General Office Building 9.12 5.48 0.63 19.63 56.41 868.79 KSF Hardware/Paint Store 42.50 5.48 0.63 91.40 56.41 4045.00 KSF High-Turnover Restaurant 12.13 5.48 0.63 26.00 56.41 1150.88 KSF Hospital 19.14 5.48 0.63 41.17 56.41 1822.23 KSF
Medical-Dental Office 32.67 5.48 0.63 143.78 56.41 6363.70 KSF Movie Theater 3.61 5.48 0.63 7.78 56.41 344.14 KSF
New Car Sales 19.76 5.48 0.63 42.44 56.41 1878.64 KSF
Shopping Center 35.58 5.48 0.63 76.48 56.41 3384.95 KSF Supermarket 84.71 5.48 0.63 182.15 56.41 8061.80 KSF
Tire Store 14.73 5.48 0.63 31.74 56.41 1404.75 KSF
Walk-in Bank 15.33 5.48 0.63 33.02 56.41 1461.16 KSF
Cemetary
Other (not available "per KSF")

3.92 5.48 0.63 8.41 56.41 372.35 KSF
Service Station/Market (avg) 98.20 5.48 0.63 211.08 56.41 9342.46 KSF Serivce Station/Car Wash 90.59 5.48 0.63 194.76 56.41 8620.33 KSF ADT Cost Per
Room, KSF or Unit

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR CIRCULATION SYSTEM (STREETS, SIGNALS AND BRIDGES) FOR COMMERCIAL USE INFLATION RATE USED FOR 2022 AT 5.82%
To provide funds to mitigate the impact of new development in the community on the streets and traffic signals used to provide those services. 2022
Resolution No. 2015-22R Schedule Year 2022
133
2022
Low Density Detached Dwellings $ 5,997.84 Per Dwelling Unit Medium Density Detached Dwellings $ 3,633.59 Per Dwelling Unit Attached Dwellings $ 1,687.51 Per Dwelling Unit
Mobile Home Dwellings $ 2,249.19 Per Dwelling Unit
Commercial Lodging Units $ 1,036.76 Per Dwelling Unit
Retail/Service/Office Uses $ 1.19 Per Square Foot
Regional Commercial Uses $ 0.79 Per Square Foot
Industrial/Manufacturing Uses $ 0.61 Per Square Foot
Zone District

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR STORM DRAINAGE FACILITIES
To provide for appropriate flood control and Storm Drainage Collection System Facilities for the community due to the impact of new development.

INFLATION RATE USED FOR 2022 AT 5.82%
Resolution No. 2015-22R Schedule Year 2022
134
2022
Low Density Detached Dwellings $ 769.52 Per Dwelling Unit Medium Density Detached Dwellings $ 769.52 Per Dwelling Unit Attached Dwellings $ 731.17 Per Dwelling Unit
Mobile Home Dwellings $ 368.68 Per Dwelling Unit
Commercial Lodging Units $ 316.72 Per Dwelling Unit
Retail/Service/Office Uses $ 0.09 Per Square Foot
Regional Commercial Uses $ 0.09 Per Square Foot
Industrial/Manufacturing Uses $ 0.09 Per Square Foot
Zone District

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR SANITARY SEWER COLLECTION SYSTEM
To provide for appropriate Wastewater Collection Facilities and facilitate connection to existing sewer system for new development in the community.

INFLATION RATE USED FOR 2022 AT 5.82%
Resolution No. 2015-22R Schedule Year 2022
135
2022
Low Density Detached Dwellings $ 585.18 Per Dwelling Unit Medium Density Detached Dwellings $ 585.18 Per Dwelling Unit Attached Dwellings $ 585.18 Per Dwelling Unit
Mobile Home Dwellings $ 585.18 Per Dwelling Unit
Commercial Lodging Units $ 145.99 Per Dwelling Unit
Retail/Service/Office Uses $ 0.10 Per Square Foot
Regional Commercial Uses $ 0.10 Per Square Foot
Industrial/Manufacturing Uses $ 0.10 Per Square Foot

SCHEDULE OF DEVELOPMENT IMPACT FEES

INFLATION RATE USED FOR 2022 AT 5.82%
Zone District
Resolution No. 2015-22R Schedule Year 2022
136
2022
Low Density Detached Dwellings $ 2,097.01 Per Dwelling Unit Medium Density Detached Dwellings $ 2,097.01 Per Dwelling Unit Attached Dwellings $ 1,994.33 Per Dwelling Unit
Mobile Home Dwellings $ 1,007.07 Per Dwelling Unit
Commercial Lodging Units No Fee Per Dwelling Unit
Retail/Service/Office Uses No Fee Per Square Foot
Regional Commercial Uses No Fee Per Square Foot
Industrial/Manufacturing Uses No Fee Per Square Foot
Zone District

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR PUBLIC MEETING FACILITIES
The Development Impact Fee for Public Use Facilities for the City of Selma is hereby revised as follows:

INFLATION RATE USED FOR 2022 AT 5.82%
Resolution No. 2015-22R Schedule Year 2022
137
2022
Low Density Detached Dwellings $ 7,168.22 Per Dwelling Unit Medium Density Detached Dwellings $ 7,164.50 Per Dwelling Unit Attached Dwellings $ 6,814.37 Per Dwelling Unit
Mobile Home Dwellings $ 3,438.12 Per Dwelling Unit
Commercial Lodging Units No Fee Per Dwelling Unit
Retail/Service/Office Uses No Fee Per Square Foot
Regional Commercial Uses No Fee Per Square Foot
Industrial/Manufacturing Uses No Fee Per Square Foot
Zone District

SCHEDULE OF DEVELOPMENT IMPACT FEES

Resolution No. 2015-22R Schedule Year 2022
138
2022
Low Density Detached Dwellings $ 209.08 Per Dwelling Unit Medium Density Detached Dwellings $ 209.08 Per Dwelling Unit Attached Dwellings $ 199.18 Per Dwelling Unit
Mobile Home Dwellings $ 100.21 Per Dwelling Unit
Commercial Lodging Units $ 22.26 Per Dwelling Unit
Retail/Service/Office Uses $ 0.02 Per Square Foot
Regional Commercial Uses $ 0.02 Per Square Foot
Industrial/Manufacturing Uses $ 0.01 Per Square Foot

SCHEDULE OF DEVELOPMENT IMPACT FEES

FOR OPEN SPACE ACQUISITION
INFLATION RATE USED FOR 2022 AT 5.82%
The Development Impact Fee for Open Space Land Acquisition for the City of Selma is hereby revised as follows:

Zone District
Resolution No. 2015-22R Schedule Year 2022
139
EXHIBIT E-1

OUTLOT A PARK SPECIFICATIONS
(1) Shade Structure (24’ x24’) by POLIGON with solar panels for interior lighting with timer
(2) CMU Wall (6’x8’x16’) at Shade Structure by BASALITE (1) Play Structure (8’) by ROSS RECREATION EQUIPMENT
(1) Play Structure (5-12 yrs old) by ROSS RECREATION EQUIPMENT (1) Swing (5-12 yrs old) by ROSS RECREATION EQUIPMENT
(1) Spinner and Seesaw (5-12 yrs old) by ROSS RECREATION EQUIPMENT (4) Fitness Equipment (13+ yrs old) by ROSS RECREATION EQUIPMENT (4) BBQ Grills (18” x 24”) by PILOT ROCK
(5) Picnic Tables (8’) by DUMOR
(3) Picnic Tables - ADA Accessible (8’) by DUMOR
(11) Trash Receptacles (32 Gallon) by TEXACRAFT
(2) Drinking Fountains - ADA Accessible (27”) by MOST DEPENDABLE FOUNTAIN (6) Urban Form Bike Racks (35”HX x10.5”LX x 3”D) by WISHBONE SITE

FURNISHINGS
(13) Benches with Back (6’) by WISHBONE SITE FURNISHINGS (6) Adirondack Chairs by LOLL DESIGNS
(2) Hot Coal Bin (23” x 23” x 32” Tall) by PILOT ROCK
(3) Dog Waste Station (72”H x 13”W x 15”D) by MUTT MITT (4) Park Lights (12’ Pole) by HI-LITE MFG
(2) Adjustable Basketball Goal (120” HT) by FIRST TEAM
Basketball Court Servicing (4,200 sqft) by SPORTMASTER SPORT SURFACES Basketball Court Striping (2’ Wide) by SPORTSMASTER
(1) Masonry Serving Counter (6’x8’x16’) by BASALITE
140
EXHIBIT E-2

OUTLOT B PARK SPECIFICATIONS
(1) Perimeter Masonry Wall (6’x8’x16’) approximately 240’ linear feet (6) Masonry Wall Pilasters (8’) CMU Solid Filled Reinf. Cells w/Pre-Cast Stone Cap (1) Monument Sign (8’x8’x16’) CMU Solid Fill All Cells @ Floral Ave and Juniper St.

Concrete Mow Curb (6”) approximately 40’ linear feet
Pedestrian Concrete (+-2,400 sqft) Natural Color with Broom Finish Planting Area of +-2,440 sqft
141
EXHIBIT E-3

OUTLOT D OPEN SPACE SPECIFICATIONS
(1) Perimeter Masonry Wall (6’x8’x16’) +-88 linear feet (2) Masonry Wall Pilasters (8’) CMU Solid Filled Reinf. Cells w/Pre-Cast Stone Cap (1) Monument Sign (8’x8’x16’) CMU Solid Fill All Cells @ Orange Ave and Oak St.

Crushed Stone (3/8”) +-2,000 sqft
Planting Area of +-3,208 sqft
142
EXHIBIT F-1
143

AMBER AVENUE FLORAL AVENUE HIGH WATER LEVEL

HIGH WATER LEVEL

PARK/DUAL USE AREA
LOW FLOW AREA SHEET DESCRIPTION PROJECT TITLE Date: Ch. By: Dr. By: Y&H No. of Sheet No. Sheets Plot By: Daniel Brans Plot Date: 12/6/2024 File Location: F:\2021\21-132\Sent\Client\2024-12-04_Amberwood Exhibits\24-240_Basin Exhibit F-1.dwg 2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727 TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM Project No. CITY OF SELMA REVISIONS APPROVED DATE AJS 1 2 AMBERWOOD SPECIFIC PLAN BASIN MASTER PLAN 24-240 NR 12/5/2024 24-240 AMBERWOOD DUAL USE BASIN MASTER PLAN 144
EXHIBIT F-2
Conceptual Specifications of Dual Use Basin Park Amenities Phasing  Permanent Park Area:
- Shade Structure
- Play Structure
- Picnic Tables
- BBQ Grills
- Trash Receptacles
- Benches
- Dog waste Station
- Park lights
 Dual Use Park / Basin Area:
- (2) Soccer fields with goals and nets.
145
EXHIBIT F-3
146
© 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 TMAP MOBILITY Earthstar Geographics SIO

AMBER AVENUE

FLORAL AVENUE

HIGH WATER LEVEL

S DEL REY AVENUE

DOCKERY AVENUE

ORANGE AVENUE
147
EXHIBIT F-4
148
Storm Drain Facility Quantities
Pipe Diameter Sum of Length (Scaled)(ft)
18" 4284.88
24" 1062.42
30" 947.22
48" 3626.53
60" 10
Total 9931.05
Total Wedge Curb Inlets 26
Manhole Diameter Number of Manholes
48" Manhole 21
60" Manhole 1
72" Manhole 7
84" Manholes 7
Other Facilities
Plug 1
Outfall 1
Basin Volume 170.5 AF
Pipe Diameter Sum of Length (Scaled)(ft)
48" 3223.3
60" 200.2
Total 3423.5
Total Wedge Curb Inlets 7
Total 48" Manholes 2
Other Facilities
Outfall 1
Design Quantities
T6244
Master Planned
Exhibit F-4
149
EXHIBIT F-5
150
151
EXHIBIT G-1
152
153
EXHIBIT G-2
154
155

ADDENDUM

TO THE ENVIRONMENTAL IMPACT REPORT

CITY OF SELMA
The Amberwood Specific Plan
Approved EIR (SCH #2007051003)
Development Agreement

JANUARY 2025
156

ADDENDUM
to the
Environmental Impact Report
for the Amberwood Specific Plan

Approved Final EIR (SCH #2007051003)
Development Agreement
City of Selma
1710 Tucker Street
Selma, CA 93662

January 2025
157

Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page i
Table of Contents
Introduction & Overview .................................................................................................... 1-1

1.1 - Introduction..................................................................................................................................................1-1

1.1.1 - Approved Project.....................................................................................................................1-1

1.2 - Project Overview........................................................................................................................................1-3

1.2.1 - Proposed Modified Project..................................................................................................1-3

1.3 - Contact Information..................................................................................................................................1-3

1.4 - Addendum Organization.........................................................................................................................1-4

1.5 - Addendum Scope of Environmental Review..................................................................................1-4

1.6 - Basis for an EIR Addendum ...................................................................................................................1-5

1.7 - Evaluation of Alternatives ......................................................................................................................1-6

1.8 - Adoption and Availability of an Addendum....................................................................................1-7

1.9 - Regulation Incorporated by Reference.............................................................................................1-7 Proposed Modified Project Description........................................................................ 2-1

2.1 - Introduction and Background ..............................................................................................................2-1

2.1.1 - Proposed Modified Project Location ...............................................................................2-1

2.1.2 - Existing Land Uses...................................................................................................................2-1

2.1.3 - Existing Land Use Designations.........................................................................................2-1

2.2 - Proposed Modified Project Characteristics ....................................................................................2-5

2.3 - Entitlements Required.............................................................................................................................2-5 Environmental Analysis ...................................................................................................... 3-1

3.1 - Aesthetics.......................................................................................................................................................3-1

3.1.1 - Setting ...........................................................................................................................................3-1

3.1.2 - Impact Analysis.........................................................................................................................3-1

3.2 - Agriculture ....................................................................................................................................................3-5

3.2.1 - Setting ...........................................................................................................................................3-5

3.2.2 - Impact Analysis.........................................................................................................................3-5

3.3 - Air Quality...................................................................................................................................................3-10

3.3.1 - Setting ........................................................................................................................................3-10

3.3.2 - Impact Analysis......................................................................................................................3-10

3.4 - Biological Resources ..............................................................................................................................3-18

3.4.1 - Setting ........................................................................................................................................3-18

3.4.2 - Impact Analysis......................................................................................................................3-18

3.5 - Cultural Resources..................................................................................................................................3-23

3.5.1 - Setting ........................................................................................................................................3-23

3.5.2 - Impact Analysis......................................................................................................................3-23

3.6 - Geology and Soils.....................................................................................................................................3-26

3.6.1 - Setting ........................................................................................................................................3-26 158

Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page ii

3.6.2 - Impact Analysis......................................................................................................................3-26

3.7 - Hydrology and Water Quality ............................................................................................................3-31

3.7.1 - Setting ........................................................................................................................................3-31

3.7.2 - Impact Analysis......................................................................................................................3-31

3.8 - Land Use and Planning..........................................................................................................................3-39

3.8.1 - Setting ........................................................................................................................................3-39

3.8.2 - Impact Analysis......................................................................................................................3-39

3.9 - Noise .............................................................................................................................................................3-43

3.9.1 - Setting ........................................................................................................................................3-43

3.9.2 - Impact Analysis......................................................................................................................3-43

3.10 - Population and Housing ....................................................................................................................3-49

3.10.1 - Setting .....................................................................................................................................3-49

3.10.2 - Impact Analysis...................................................................................................................3-49

3.11 - Public Services .......................................................................................................................................3-52

3.11.1 - Setting .....................................................................................................................................3-52

3.11.2 - Impact Analysis...................................................................................................................3-52

3.12 - Transportation and Traffic...............................................................................................................3-57

3.12.1 - Setting .....................................................................................................................................3-57

3.12.2 - Impact Analysis...................................................................................................................3-57

3.13 - Utilities......................................................................................................................................................3-66

3.13.1 - Setting .....................................................................................................................................3-66

3.13.2 - Impact Analysis...................................................................................................................3-66 Irreversible Changes and Unavoidable Impacts ........................................................ 4-1

4.1 - Significant Environmental Impacts which Cannot be Avoided..............................................4-1

4.2 - Significant Irreversible Environmental Changes..........................................................................4-3 Growth-Inducing Project Impacts ................................................................................... 5-1 List of Preparers..................................................................................................................... 6-1 List of Figures
Figure 1-1 Amberwood Specific Plan ..........................................................................................................1-2 Figure 2-1 Regional Location ..........................................................................................................................2-2 Figure 2-2 Local Vicinity ...................................................................................................................................2-3 Figure 2-3 Amberwood Land Use Plan .......................................................................................................2-4 List of Tables
Table 3-1 Intersections, Roadway Segments, and Bridges Requiring Future Traffic Impact Study .......................................................................................................................................................................3-60

159

Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page iii
Appendices:

Appendix A- Amberwood Specific Plan Environmental Impact Report Appendix B- Amberwood Specific Plan Mitigation Monitoring Program 160
Introduction & Overview

Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 1-1

INTRODUCTION & OVERVIEW

1.1 - Introduction

1.1.1 - APPROVED PROJECT
As Lead Agency, the City of Selma (City) prepared an Environmental Impact Report (EIR) for the Amberwood Specific Plan (referred to herein as the “approved project”), which evaluated a mixed-use residential and commercial development project for a 690.7-acre project site located in the northeastern portion of the Selma Sphere of influence, east of Orange Avenue, and between Manning Avenue and Floral Avenue (Figure 1-1). The original EIR (SCH#2007051003) and Final EIR prepared by Michael Gaston and Associates were certified by the City Council on November 2, 2015, which are included in Appendix A of this document. The adopted Mitigation Monitoring and Reporting Program is included in Appendix B.

The approved project consists of the following:
• A 7.5-acre neighborhood commercial site.
• A 10.8-acre elementary school.
• A 3-acre site for a new public safety facility (police or fire). • 54.3 acres of public park areas.
• 15.2 acres for private park areas.
• 122.9 acres for low-density residential uses.
• 258.3 areas for medium low-density residential uses.
• 108.1 acres for medium-density residential uses.
• 80.4 acres for public and private streets.

A total of 2,558 detached dwelling units were planned for the project, along with 131,200 square feet of neighborhood commercial uses. The new elementary school will accommodate up to approximately 700 students. A new community center building will be located within the linear park area. The detached dwelling units will be constructed on 12 individual lot types, which will range in minimum lot sizes from 3,480 square feet to 8,450 square feet.

Both single-story and two-story homes are anticipated. No rental apartment units will be constructed within Amberwood. A primary feature of the Amberwood project will be a large linear park to be located within the central portion of the project area. The linear park will include a meandering creek for aesthetics, aquifer recharge, and storm drainage purposes.

Assuming a population density of approximately 3.5 persons per household, the Amberwood project could contain a population of approximately 8,953 persons at full buildout.

The approved project included local private streets to be owned and maintained by the Amberwood Homeowners Association. Arterial streets and collector streets would be dedicated to the City, who would be responsible for maintenance of these streets. Individual neighborhoods within Amberwood may be gated for security purposes at the discretion of the developer.
161
Introduction & Overview

Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 1-2
Figure 1-1
Amberwood Specific Plan
162
Introduction & Overview

Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 1-3
The Amberwood Specific Plan (Specific Plan) contains detailed design guidelines and development regulations. The design guidelines will pertain to the following items:
• Walls and Fences
• Neighborhood Entryways
• Street and Park Furniture
• Street Signs and Boat Docks
• Monuments and Signage
• Street Lighting and Utilities
• Pedestrian Walks and Bike Paths
• Parks and Open Space
• Landscaping
The development regulations will control items such as building height, setbacks, lot coverage, and off-street parking requirements. Activities to be allowed on the private lakes, which are an alternative to the project, will include boating (non-powered boats only such as sailboats and rowboats), and fishing. Swimming will not be allowed. It is anticipated that the lakes will be stocked with an appropriate species of fish. Allowable activities on the private lakes will be controlled and enforced by the Amberwood Homeowners Association.

1.2 - Project Overview

1.2.1 - PROPOSED MODIFIED PROJECT
The proposed changes to the approved project are referred to herein as the “proposed modified project” “modified project” or “proposed project modifications.” The modified project entitlements include the consideration of a Development Agreement between the developer/proponent and the City. As proposed, the modified project would also revise a mitigation measure that intended that all local streets within Amberwood shall be private streets and be maintained by the Amberwood Homeowners’ Association The updated mitigation measure allows for local streets to be public streets, with their road maintenance expenses addressed through an assessment or financing district, such as a Community Facilities District (CFD) or Landscaping, Lighting, and Maintenance District (LLMD). No other changes or revisions to the Amberwood Specific Plan are proposed.

1.3 - Contact Information
The Lead Agency contact is:

City of Selma
Jerome Keene, Deputy City Manager
1710 Tucker Street
Selma, California 93662
Phone: (559) 891-2200
[email protected]
163
Introduction & Overview

Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 1-4
The Project Proponent contact is:

Lennar Homes of California
Walter Diamond
8080 N. Palm Avenue
Fresno, California 93711
Phone: (559) 488-9548

1.4 - Addendum Organization
This document is organized as follows pursuant to the requirements of the CEQA Guidelines:
• Chapter 1, Introduction and Overview, describes the background of the proposed modified project; explains the rationale for preparing an Addendum to the EIR as the appropriate form of environmental review pursuant to CEQA; and explains the purpose, scope, and content of the Addendum.
• Chapter 2, Proposed Modified Project Description, describes the location and details of the proposed modified project.
• Chapter 3, Environmental Analysis, evaluates whether the proposed modifications to the approved project would result in new or substantially more severe significant environmental impacts compared with the impacts disclosed in the certified EIR. • Chapter 4, Irreversible Changes and Unavoidable Impacts, describes the unavoidable impacts of the proposed modified project.
• Chapter 5, Growth-Inducing Project Impacts, describes the growth inducement impacts of the proposed modified project.
• Chapter 6, References, lists the documents and individuals consulted during the preparation of the Addendum.

1.5 - Addendum Scope of Environmental Review
This Addendum evaluates whether the proposed modifications to the approved project (resulting in the modified proposed project) would result in new or substantially more severe significant environmental impacts compared to the impacts disclosed in the certified EIR.

The certified EIR assessed the environmental impacts of the Amberwood Specific Plan, a mixed-use residential and commercial development project for a 690.7-acre project site located in the northeastern portion of the Selma Sphere of influence, east of Orange Avenue, and between Manning Avenue and Floral Avenue.

As discussed in the certified EIR, the approved project was determined to have “no impact” with regard to two environmental resource topic areas:
• Hazards and Hazardous Materials
• Mineral Resources
164
Introduction & Overview

Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 1-5
Since the proposed modified project would have the same type of development located within the vicinity of the original project site, the impacts of the proposed modified project would also have no impact with regard to these impact thresholds. These impact thresholds will not be discussed in the Addendum EIR.

The certified EIR established that, with mitigation incorporated, the approved project would result in less than significant impacts related to the following environmental impact areas:
• Geology and Soils
• Land Use and Planning
• Noise
The certified EIR established that the approved project would result in significant and unavoidable impacts with regard to the following environmental impact areas:
• Permanent loss of prime agricultural land from conversion to urban uses. • Increased traffic and the reduction in levels of service (LOS) at key intersections. • Increased air pollution and degraded air quality, primarily from motor vehicles. • Cumulative unavoidable significant impacts to groundwater overdraft. • Increases in ambient noise levels in the project area and off-site, primarily from increased motor vehicle traffic.
• Hydrology impacts from stormwater runoff, and pumping of groundwater for potable drinking water and landscaping irrigation uses.
• Unavoidable impacts to the Selma Unified School District, and the need for a new elementary school.
• Significant and unavoidable additional demands for electricity and natural gas utilities.
• Significant and unavoidable increases in the population of the City of Selma from the construction and occupancy of an additional 2,558 dwelling units. • Significant and unavoidable impacts to public safety services (Police and Fire) from increased calls for service.
• Significant and unavoidable increases in solid waste generation.

This Addendum will address changes resulting from implementation of the proposed modified project on each of the environmental resource areas previously analyzed in the certified EIR, as well as changes in the circumstances under which the project, as modified, will be undertaken. It will examine whether there is any new information of substantial importance not known with the exercise of reasonable diligence when the EIR was certified that concerns the items detailed in CEQA Guidelines Section 15162(a)(3), detailed below.

1.6 - Basis for an EIR Addendum
An agency may prepare an addendum to a certified EIR pursuant to CEQA Guidelines Section 15164 that states, in pertinent part, that “if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent 165
Introduction & Overview

Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 1-6
EIR have occurred.” Section 15162 states that a subsequent EIR is required if any of the following conditions exist:
(1) Substantial changes are proposed in the project, which will require major revisions of the previous EIR … due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken, which will require major revisions of the previous EIR … due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete… shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR.
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR.
(C) Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.
(D) Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Based on the evaluation provided in this Addendum, no new significant impacts would occur as a result of the proposed modified project, nor would there be any substantial increase in the severity of any previously identified significant environmental impact. In addition, no new information of substantial importance shows that mitigation measures or alternatives that were previously found not to be feasible or that are considerably different from those analyzed in the certified EIR would substantially reduce one or more significant effects on the environment alternative. Therefore, none of the conditions described in Section 15162 of the CEQA Guidelines has occurred. For this reason, an addendum is an appropriate document to comply with CEQA requirements for the proposed modified project.

1.7 - Evaluation of Alternatives
CEQA requires a comparative evaluation of a proposed project and alternatives to the proposed project, including the “No Project” alternative. The certified EIR addressed a 166
Introduction & Overview

Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 1-7
reasonable range of alternatives for the approved project. There is no new information indicating that an alternative that was previously rejected as infeasible is, in fact, feasible or that a considerably different alternative than those previously studied would substantially reduce one or more significant effects on the environment.

1.8 - Adoption and Availability of an Addendum
In accordance with CEQA Guidelines Section 15164(c), an addendum to an EIR need not be circulated for public review but can be included in or attached to the certified EIR. The decision-making body shall consider the Addendum with the certified EIR prior to making a decision on the project per CEQA Guidelines Section 15164(d). Although not required, this Addendum is available for public review at the City of Selma Planning Department, 1710 Tucker Street, Selma, California 93662.

1.9 - Regulation Incorporated by Reference
The following regulations are incorporated into this Addendum by reference. Other applicable federal, State, and regional regulations are referenced throughout this document:
• City of Selma General Plan
• City of Selma General Plan Environmental Impact Report • City of Selma Development Standards
• Amberwood Specific Plan
• City of Selma Zoning Ordinance
• City of Selma Addendum to the Adopted General Plan EIR Housing Element • California Building Code - Title 24 regulations
167
Proposed Modified Project Description

Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 2-1

PROPOSED MODIFIED PROJECT DESCRIPTION

2.1 - Introduction and Background
This chapter of the Addendum describes the modifications to the approved project that have been proposed by the project proponent.

2.1.1 - PROPOSED MODIFIED PROJECT LOCATION
The regional setting for the proposed modified project would be unchanged from the approved project. Fresno County is located in the approximate center of the State of California. Fresno County is bordered by San Benito, Merced, Madera, Mono, Inyo, Tulare, Kings, and Monterey Counties (Figure 2-1). The City and the modified project site are situated in the central San Joaquin Valley, at an elevation of approximately 310 feet above sea level. The project site topography slopes gradually from north to south with the elevation being approximately 320 feet in the northern portion of the site and falling to approximately 310 feet at the southern end of the site.

The proposed modified project site is partially located within the existing city limits of the City of Selma and within unincorporated Fresno County. The City is located in Fresno County, approximately 17 miles south of Fresno, three miles north of Kingsburg, and four miles south of Fowler (Figure 2-2).

2.1.2 - EXISTING LAND USES
Similar to the approved project, the proposed modified project site has been historically used for agriculture. Currently, it contains orchards, row crops, and undeveloped land.

The land uses surrounding the approved and modified project site consist of agricultural and residential development. Additionally, immediately to the east of the project site, there is Rudd Avenue, followed by a vacant lot and a single-family residential development further east.

2.1.3 - EXISTING LAND USE DESIGNATIONS
The approved project site has existing land use designations that include Low Density, Medium Density, Medium High Density, Community Commercial, Elementary School, Community Center, Lake Parks/Open Space, and Commercial Residential Mixed-Use Overlay (Figure 2-3).
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Figure 2-1
Regional Location
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Figure 2-2
Local Vicinity
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Figure 2-3
Amberwood Land Use Plan
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2.2 - Proposed Modified Project Characteristics
The proposed modified project would result in the approval of a Development Agreement between the City of Selma, Lennar Homes of California, LLC, and BAK Limited, LLC. As part of the Development Agreement, some local streets will be established as public and dedicated to the City for maintenance purposes.

The construction activities for the proposed modified project would be similar to the activities described in the certified Final EIR. Similar to the approved project, the modified project would require minimized grading due to the relative level of gently sloping topography on the project site. The amount and duration of construction activities for the proposed modified project would be similar to those analyzed for the approved project in the certified Final EIR. The operation and maintenance activities of the proposed modified project would be similar to the activities analyzed for the approved project in the certified Final EIR.

2.3 - Entitlements Required
The discretionary approvals required for the implementation of the proposed modified project include:
• Approval of a Development Agreement
• Adoption of the revised Mitigation Monitoring and Reporting Program • Adoption of the Addendum to the certified Amberwood Specific Plan EIR 172
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ENVIRONMENTAL ANALYSIS
This Addendum evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts compared to the impacts disclosed in the certified EIR. The environmental analysis provided in this section describes the information that was considered in evaluating the questions contained in the California Environmental Quality Act (CEQA) Appendix G Guidelines Checklist. Since certification of the Final EIR for the approved project, the CEQA Appendix G Guidelines have been revised to include an analysis of energy, greenhouse gas emissions, tribal cultural resources, and wildfire. These new resource sections have been incorporated into this Addendum, consistent with the CEQA Appendix G Guidelines Checklist. The information used in this evaluation includes the certified EIR, the proposed modified project description, technical studies, literature reviews, and field reconnaissance.

The proposed modified project would incorporate and implement all mitigation measures identified in the certified EIR, as noted below. Specific mitigation measures relevant to a particular impact of the proposed modified project are cited in the same manner as in the EIR, and the associated Mitigation Measure Monitoring Program (MMRP) adopted in conjunction with the Amberwood Specific Plan approvals. The Amberwood EIR and MMRP can be found herein as Appendix A and Appendix B, respectively.

3.1 - Aesthetics
This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR.

3.1.1 - SETTING
The visual setting of the proposed modified project and its surrounding area is similar to that of the approved project site. The project site has been historically used for agriculture. Lands in the vicinity of the proposed modified project area are generally similar to those described in the certified EIR, consisting of agriculture and residential development. There are no sensitive receptors or aesthetic resources, such as scenic vistas, scenic highways, trails, or parkland, in the area immediately surrounding the project site.

3.1.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts to aesthetics not previously identified in the certified EIR for the approved project. As discussed in Chapter 1, Section 1.5 Addendum Scope of Environmental Review of this Addendum, the approved project was determined to have no impact with regard to the impact thresholds listed below for the environmental topic aesthetics. Since the proposed modified project would have the same type of single-family residential development located within the vicinity of the original project site, the impacts of the proposed modified project would also have no impact with regard to the following 173
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impact thresholds as stated in the CEQA Checklist. Therefore, the following is not further analyzed for the proposed modified project in this Addendum:
• Would the project have a substantial adverse effect on a scenic vista? • Would the project substantially damage scenic resources in a State scenic highway? • Would the project substantially degrade the existing visual character or quality of the project site or its surroundings?
The following Mitigation was adopted for the approved project:
• Prepare a lighting intensity diagram and lighting improvement plans for City approval.
• Limit illumination in commercial parking lots to a uniform of 1.0 foot-candle. • Require the developer to adhere to the design guidelines as contained in the Amberwood Specific Plan.
• Require outside highly directional lighting fixtures and proper shielding on all outdoor lighting to minimize the transmission of light off-site.

The following provides an analysis of the potential impacts to aesthetics that were identified in the certified EIR as potentially significant impacts. The analysis below addresses the questions as stated in the CEQA Checklist.

Project Impact
Would the project:
• Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
The certified EIR determined that the development of the 2,558 homes and commercial uses could create a substantial source of new light and glare due to street lighting, parking lot lighting, and normal lighting associated with residential dwellings. Mitigation was approved for the original project, as noted above. With these mitigation measures, new environmental effects were deemed to be less than significant.

The proposed modified project would be located within the original footprint of the approved project and, therefore, would be subject to the approved Mitigation Measures Aesthetics 1-4.

There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a 174
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substantial increase in the severity of impacts related to the above-described agricultural and forest resource impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such aesthetics and visual resources impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a less than significant impact.

Cumulative Impact
The Amberwood Specific Plan was developed during the same time period as the updated 2035 General Plan. Therefore, the Amberwood Specific Plan Land Uses and development densities were included in the updated 2035 General Plan Land Use Element, and they were also evaluated and analyzed in the 2035 General Plan Program EIR. The cumulative impacts from the development of the approved Project were therefore considered in the Cumulative Environmental Impact Analysis for the 2035 Updated General Plan. The certified project EIR used the certified 2035 General Plan Program EIR as a tiering environmental document with regard to the evaluation of cumulative impacts. The General Plan Projection Method was used for the Cumulative Impacts Analysis contained within the project’s certified EIR, and the certified 2035 General Plan Program EIR is, therefore, the major reference document for the information contained herein.

The proposed project modifications would not generate substantially more adverse cumulative impacts to aesthetics and visual resources than those disclosed in the certified EIR and would be mitigated to the maximum extent practicable by the incorporation of all feasible and applicable mitigation measures.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.
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LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a less than significant cumulative impact.
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3.2 - Agriculture
This section evaluates whether the impacts of the proposed modified project to agricultural and forest resources require a subsequent EIR pursuant to CEQA Guidelines Section 15162.

This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR.

3.2.1 - SETTING
The agricultural setting of the proposed modified project and its surrounding area is similar to that of the approved project site. The project site has been historically used for agriculture.

Lands in the vicinity of the proposed modified project area are generally similar to those described in the certified EIR, consisting of agriculture and residential development. The project site does not contain any forestry resources, and there are no forestry resources in the surrounding area; therefore, only agricultural resources are addressed in this analysis.

The project site has been historically used for agriculture. The visual setting of the proposed modified project and its surrounding area is substantially the same as that of the approved project site. Lands in the vicinity of the proposed modified project area are generally the same as those described in the certified EIR. The land uses surrounding the project site consist of agricultural and residential.

The approved project site was designated as Prime by the California Department of Conservation. Additionally, the approved project site was not within the Williamson Act contracting program at the time of EIR certification and is not currently under a Williamson Act contract.

3.2.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts to agricultural resources not previously identified in the certified EIR for the approved project.

The following Mitigation was adopted for the approved project:
• The City shall require adequate buffers between the project site and adjacent agricultural lands. In addition, adequate setbacks and a seven-foot-high perimeter masonry wall shall be provided.
• The City shall use urban development boundaries and growth phasing policies to delay the conversion of agricultural lands to urban uses in areas adjacent to the project site.
• The City shall encourage the developer to actively farm land within the project site until phasing and housing market conditions determine that agricultural land should be converted to urban uses.
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• Land located within the project site but outside of the sphere of influence shall remain zoned County AE-20 until such time as the City SOI is revised by LAFCO, and the land is pre-zoned and annexed into the City.
• The City shall require the developer to record right-to-farm covenants in order to place future owners on notice regarding the potential environmental impacts of adjacent area farming operations and as a notice of the right of area farmers to continue their farm operations.

The following provides an analysis of the potential impacts to agricultural resources that were identified in the certified EIR as potentially significant impacts. The analysis below addresses the questions as stated in the CEQA Checklist.

Project Impact
Would the project:
• 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? The 690-acre approved project site was designated as Prime Farmland under the Farmland Mapping and Monitoring Program (FMMP). The proposed modified project would not result in any additional conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance and would not change the finding in the certified EIR of significant and unavoidable.

The proposed modified project would be located within the original footprint of the approved project and, therefore, would be subject to the approved Mitigation Measures Agricultural Resources 1-5.

There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described agricultural and forest resource impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such agricultural and forest resource impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR. 178
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MITIGATION MEASURES
No new mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a significant and unavoidable impact.
• Would the project conflict with the existing zoning for agricultural use or an existing Williamson Act contract?
The approved project site was not within the Williamson Act contracting program at the time of EIR certification and is not currently under a Williamson Act contract. However, the approved project was zoned by Fresno County for agricultural use (County AE-20 zoning) and was considered a significant and unavoidable impact.

The proposed modified project would be located within the original footprint of the approved project and, therefore, would not further conflict with existing zoning for agricultural use beyond what was previously analyzed.

There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described agricultural and forest resource impact evaluation standards. No new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such agricultural and forest resource impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR. The proposed modified project would not increase the severity of a significant impact, as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a significant and unavoidable impact.
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• Would the project result in change in the existing environment that, due to the project site location or nature, could result in conversion of farmland to non-agricultural use? Based on the potential for conversion of other farmlands to urban uses, the certified EIR concluded that the impact is significant and unavoidable.

The proposed modified project would be located within the original footprint of the approved project and, therefore, would not increase the amount of farmland conversion beyond what was previously analyzed.

There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described agricultural and forest resource impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such agricultural and forest resource impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a significant and unavoidable impact.

Cumulative Impact
The certified EIR determined the approved project’s cumulative impacts would remain significant and unavoidable. The proposed modified project would implement the mitigation measures above and would not result in a change to the conclusions regarding agriculture in the certified EIR.

The proposed project modifications would not generate substantially more adverse cumulative impacts to agricultural resources than those disclosed in the certified EIR and would be mitigated to the maximum extent practicable by the incorporation of all feasible and applicable mitigation measures.
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MITIGATION MEASURES
No new mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a significant and unavoidable cumulative impact.
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3.3 - Air Quality
This section evaluates whether the impacts of the proposed modified project to air quality resources require a subsequent EIR pursuant to CEQA Guidelines Section 15162. This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR.

3.3.1 - SETTING
The air quality setting of the proposed modified project and its surrounding area are the same as that of the approved project site. The project site is located within the Fresno County portion of the San Joaquin Valley Air Basin (SJVAB or Basin). Fresno County is included among the eight counties that comprise the San Joaquin Valley Air Pollution Control District (SJVAPCD). The SJVAPCD acts as the regulatory agency for air pollution control in the Basin and is the local agency empowered to regulate air pollutant emissions for the project site and surrounding area.

3.3.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts related to air quality not previously identified in the certified EIR for the approved project. As discussed in Chapter 1, Section 1.5 Addendum Scope of Environmental Review of this Addendum, in the certified EIR, the approved project was determined to have no impact with regard to the impact thresholds listed below for the environmental topic of air quality. Since the proposed modified project would have the same type of development located within the approved project site, the impacts of the proposed modified project would also have no impact with regard to the following impact thresholds as stated in the CEQA Checklist. Therefore, the following is not further analyzed for the proposed modified project in this Addendum:
• Would the project expose sensitive receptors to substantial pollutant concentrations? • Would the project create objectionable odors that affect a substantial number of people?
The following Mitigation Measures were adopted for the approved project:

1. Prior to receiving an occupancy permit, each non-residential facility in the project shall install bicycle parking facilities within 50 feet of the main entrances. A minimum of one bicycle parking space for each 20 vehicle spaces shall be installed.

2. Prior to occupancy, shower, and locker facilities shall be installed in commercial buildings to encourage employees to bike and/or walk to work. One shower and three lockers for each of the 25 employees are considered adequate.

3. The project developer shall install display cases or kiosks displaying transportation information in prominent areas accessible to employees, residents, and visitors. 182
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Display locations include parking lots and garages, the elementary school, the commercial shopping center, and the community center.

4. Automated lights and thermal controls shall be installed in all non-residential facilities.

5. Daylight systems shall be installed in all non-residential buildings, including skylights, light shelves, and interior transom windows.

6. The project architect shall design, and the builder shall install roofing technologies such as high albedo and low emissive roofs, EPA "Energy Star" approved roofing materials, and "Green Roof" and LEED technology systems.

7. Parking lots shall be designed to include clearly marked and shaded walkways between public transit facilities, adjacent sidewalks, and commercial building entrances.

8. "Cool Paving" shall be installed to the maximum extent feasible.

9. Proposed commercial land uses that have the potential to emit Toxic Air Emissions shall be located as far away as feasibly possible from existing and proposed sensitive receptors (homes, schools, churches) in accordance with the ARB Air Quality and Land Use Planning Handbook. Specifically, the architect shall design an adequate buffer between any dry-cleaning operation and any sensitive receptors, and between any gasoline dispensing facility and any sensitive receptors.

10. Prior to the development of the on-site wastewater treatment plant, the developer shall consult with the SJVAPCD small business assistance office to determine air permit issues and to develop an Odor Mitigation Plan, if one is required. The following items shall be addressed in the Odor Mitigation Plan.
i) The WWTP must be appropriately sized and engineered to serve the proposed volume of wastewater generated by the project.
ii) The WWTP facilities must incorporate odor control measures in order to minimize potential odor impacts to surrounding residences. iii) The WWTP shallbe constructed on a selected site that minimizes potential exposure of sensitive receptors to odors.

11. The project shall reuse and recycle construction and demolition waste, including, but not limited to soils, vegetation, concrete, lumber, asphalt, metal, and cardboard.

12. The project shall provide interior and exterior storage areas for recyclables, and adequate recycling containers located in areas accessible to the public. 183
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The following provides an analysis of the potential impacts to Air Quality that were identified in the certified EIR as potentially significant impacts. The analysis below addresses the questions as stated in the CEQA Checklist.

Project Impact
Would the project:
• Would the project conflict with or obstruct the implementation of the applicable air quality plan?
The certified EIR included mitigation measures for PM10 and PM2.5 and required the project to comply with all the applicable rules and regulations of the San Joaquin Valley Air Pollution Control District (APCD) for implementation of all adopted air quality plans. Based on the mitigation, the certified EIR concluded that the impact is less than significant with mitigation.

The proposed modified project would be located within the original footprint of the approved project and would be required to comply with the same APCD rules as the approved project and, therefore, would be subject to the approved Mitigation Measures Air Quality 1-12.

There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described air quality impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such air quality impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a less than significant with mitigation impact.
• Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation?
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The certified EIR concluded that the approved project could contribute substantially to ozone concentrations and carbon monoxide concentrations in the project area due to the significant level of new vehicle traffic generated with the full buildout of the project.

Based on the mitigation, the certified EIR concluded that even with mitigation, the impact is significant and unavoidable.

The proposed modified project would be located within the original footprint of the approved project and would also contribute substantially to ozone and carbon monoxide concentrations. However, it should be noted that Title 13, California Code of Regulations, Section 2449 et seq., imposes construction equipment idling restrictions. Compliance with Title 13 would help to reduce emissions of criteria pollutants, as well as reduce unnecessary fuel consumption during the construction of the modified project.

There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a significant and unavoidable with mitigation impact.
• Result in a cumulatively considerable net increase of any criteria pollutant for which the region is non-attainment under an applicable federal or State ambient air quality standard?
The certified EIR concluded that the approved project could contribute to significant increases in ozone levels and carbon monoxide levels in the region due to the significant increase in project-related traffic. The certified EIR concluded that even with mitigation, the impact is significant and unavoidable.
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The proposed modified project would be located within the original footprint of the approved project and would also contribute to ozone and carbon monoxide concentrations.

However, as previously noted, Title 13 imposes construction equipment idling restrictions that would reduce emissions of criteria pollutants and Greenhouse Gases (GHG) emissions during construction of the modified project. With recent changes in California building code Title 24, all new residential construction will include a PV solar electrical system that will provide an emissions-free source of electricity, thus offsetting GHG emissions that would be generated from facilities producing electricity from nonrenewable resources (e.g., coal or natural gas). This use of a renewable electrical energy system would actually decrease the GHG impacts of the proposed modified project.

There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

MITIGATION MEASURES
No new mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a significant and unavoidable with mitigation impact.
• Will the project generate Greenhouse Gas Emissions, either directly or indirectly, that may have a significant impact on the environment?
The certified EIR concluded that the approved project would develop new commercial, residential, institutional (school), and recreational uses on a currently undeveloped site, and therefore the project would result in a net increase in GHG emissions above existing levels.

However, the modified project incorporates a number of current design features that would minimize GHG emissions. Compliance with Title 13 would help to reduce GHG emissions during project construction. Compliance with Title 24 and the use of a PV solar electrical system will provide an emissions-free source of electricity, thus offsetting GHG emissions that would be generated from facilities producing electricity from nonrenewable resources. 186
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With implementation of the pertinent State and local regulations and codes, the proposed modified project would result in the more efficient consumption of transportation fuels and reduce the generation of criteria pollutants and GHG emissions. The impacts of the modified project would be reduced to less than significant levels. Additionally, the project provides local retail and grocery shopping opportunities to the workers and residents in the project vicinity. The proposed modified project also incorporates energy efficiency through water efficiency (low flow faucets and toilets, drip irrigation, the use of native, drought-tolerant landscaping) and waste recycling.

With implementation of project design features and pertinent regulations, GHG emissions are reduced by 29.6 percent. These reductions comply with the APCD threshold of a 29 percent reduction in emissions. Impacts would be less than significant based on this criterion, and no mitigation measures are therefore required.

There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described air quality and GHG impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such air quality and GHG impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE
The proposed modifications to the project do not change the finding in the certified EIR of less than significant.
• Will the project conflict with any applicable plan, policy, or regulation of any agency adopted for the purpose of reducing the Emissions of Greenhouse Gases? As previously noted, Title 13 imposes construction equipment idling restrictions that would reduce emissions of criteria pollutants and GHG during construction. In addition, the project is being designed to minimize energy use, further minimizing direct and indirect GHG emissions from project operations with the use of PV solar energy in each residence. The proposed modified project would not significantly hinder or delay the ability of the State of California to meet the reduction targets contained in AB 32, or conflict with implementation 187
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of the ARB Scoping Plan, because the proposed project would generate less than significant levels of Greenhouse Gases, and the project would therefore be consistent with the goals of the ARB Scoping Plan through implementation of the design measures that reduce energy consumption, water consumption, and that encourage alternative forms of transportation.

There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described agricultural and forest resource impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such agricultural and forest resource impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of less than significant with mitigation.

Cumulative Impact
The certified EIR discussed that Cumulative Air Quality Impacts were considered in terms of the various land uses proposed under the 2035 General Plan Update (which includes Amberwood), and the traffic projections generated by the traffic model. Because of the significant air quality issues within the San Joaquin Valley Air Basin, including Ozone, ROG, and particulate matter, implementation of the 2035 General Plan, including the construction of the approved Project, will result in a significant, unavoidable, and cumulatively considerable air quality impact to the Selma area and the Fresno County region.

The proposed modified project would implement mitigation measures and would not result in a change to the conclusions regarding cumulative air quality impacts in the certified EIR.

The proposed project modifications would not generate substantially more adverse cumulative impacts to air quality than those disclosed in the certified EIR and would be mitigated to the maximum extent practicable by the incorporation of all feasible and applicable mitigation measures.
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MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modified project does not change the finding in the certified EIR of significant and unavoidable cumulative impact.
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3.4 - Biological Resources
This section evaluates whether the impacts of the proposed modified project on biological resources require a subsequent EIR pursuant to CEQA Guidelines Section 15162. This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR.

3.4.1 - SETTING
The certified EIR discussed regulation that is normally applicable to biological resources, followed by a description of the physical setting of both the site and surrounding lands. The EIR included a comprehensive analysis of special-status and sensitive species, local habitats and vegetation communities, and jurisdictional waters over the approved project site.

Portions of the modified project site are currently under cultivation, and the remaining area is undeveloped, disturbed land. Lands in the vicinity of the proposed modified project area are generally the same as those described in the certified EIR. The land uses surrounding the project site consist of agricultural and residential.

3.4.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts to biological resources not previously identified in the certified EIR for the approved project. As discussed in Chapter 1, Section 1.5 Addendum Scope of Environmental Review of this Addendum, the certified EIR of the approved project was determined to have no impact with regard to the impact thresholds listed below for the environmental topic of biological resources. Since the proposed modified project would have the same type of development located within the approved project site, the proposed modified project would also have no impact with regard to the following impact thresholds, as stated in the CEQA Checklist. Therefore, the following is not further analyzed for the proposed modified project in this Addendum:
• Would the project result in a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS?
• Would the project result in a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act? • Would the project interfere substantially with the movement of resident or migratory fish or wildlife species or with an established resident or migratory wildlife corridors or impede the use of wildlife nursery sites?
• Would the project conflict with provisions of an adopted habitat conservation plan, natural community conservation plan, or approved plan local, regional, or State habitat conservation plan?
The following Mitigation Measures were adopted for the approved project:
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1. The City shall require and enforce special mitigation measures for special status species as follows: i) For the burrowing owl, all protocol requirements of the CDFG shall be followed before any construction begins on-site and during all construction.

Prior to the start of any construction, including clearing and grading, a preconstruction biological field survey shall be completed by a qualified biologist to identify any active nests or burrows. The biological field survey shall be conducted during both the breeding season and non-breeding season within 30 days of the onset of any ground disturbance.

Should burrowing owls occur on-site, the ultimate final mitigation protocol shall be approved by the CDFG.

2. For Swainson's hawk, any construction disturbances during the breeding season could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbances that result in nest abandonment and/or loss of reproductive effort are considered a "taking" by the CDFG. In order to mitigate any potential impacts to the Swainson's hawk or other birds of prey, a qualified biologist shall conduct a field survey of the project site prior to the start of any construction activities, including clearing and grading of the site. The biologist shall note the location of any active nests on site, and a construction buffer shall be provided according to CDFG guidelines to prevent disturbances to or destruction of any observed nests or nestlings.

3. For the San Joaquin kit fox, no mitigation is required for this species due to the lack of any on-site and lack of suitable on-site prey base. No kit foxes or kit fox dens were observed on the project site during the biological field survey.

4. For the Pallid bat, prior to the demolition and removal of any structures on the project site, a qualified biologist shall conduct a field survey of such structures to note the location of any active Pallid bat roosting areas. If active roosting areas are noted, demolition activities shall not begin until alternate roosting are identified and provided in accordance with CDFG guidelines. The mitigation protocol shall be approved by the CDFG.

The following provides an analysis of the potential impacts to biological resources that were identified in the certified EIR to the certified EIR as potentially significant impacts with mitigation measures incorporated that would be reduced to a less than significant impact.

The analysis below addresses the questions as stated in the CEQA Checklist.

Project Impact
Would the project:
• Have a substantial adverse effect, either directly or through habitat modifications, on species identified as a candidate, sensitive, or special status species in local or 191
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regional plans, policies, or regulations, by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
The certified EIR concluded the approved project could potentially disrupt or destroy nests of the burrowing owl, and potentially affect the foraging habitat of other raptors (Swainson's hawk, Cooper's hawk, etc.) during the construction process. In addition, it concluded that it is highly unlikely that any San Joaquin kit fox will be found on the site due to the ongoing agricultural operations, which have effectively removed any suitable biotic habitat for the kit fox from the site. Based on the mitigation imposed by the certified EIR, it was concluded the impact is less than significant with mitigation implemented.

The proposed modified project would be located within the original footprint of the approved project and could also potentially affect the foraging habitat of raptors during the construction process. The proposed modified project would be subject to the approved Mitigation Measures Biological Resources 1-4.

There is no new information or substantial changes with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described biological resource impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such biological resource impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new impacts not already analyzed in the certified EIR, and the modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of less than significant with mitigation.
• The project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.

The certified EIR concluded the only local policy or ordinance applicable is the City Tree Ordinance, calling for the conservation of mature and healthy trees whenever feasible and for the protection of trees within the vicinity of structures slated for removal. Mature and healthy trees located on-site should be conserved and protected to the maximum extent practicable according to the City Ordinance. The certified EIR concluded that even with mitigation, the impact is significant and unavoidable.
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The proposed modified project would be located within the original footprint of the approved project and could also remove mature and healthy trees during the construction process.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of significant and unavoidable.

Cumulative Impact
The Amberwood Specific Plan was developed during the same time period as the updated 2035 General Plan. Therefore, the Amberwood Specific Plan Land Uses and development densities were included in the updated 2035 General Plan Land Use Element, and they were also evaluated and analyzed in the 2035 General Plan Program EIR. The cumulative impacts from the development of the approved Project were therefore considered in the Cumulative Environmental Impact Analysis for the 2035 Updated General Plan. The certified EIR used the certified 2035 General Plan Program EIR as a tiering environmental document with regard to the evaluation of cumulative impacts. The General Plan Projection Method was used for the Cumulative Impacts Analysis contained within the certified EIR, and the certified 2035 General Plan Program EIR is, therefore, the major reference document for the information contained herein.

Regarding the above-described biological resource impact evaluation standards, there are no changes proposed by the proposed modified project that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described biological resource impact evaluation standards. No new information of substantial importance, which 193
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was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such biological resource impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the findings in the certified EIR of a less than significant cumulative impact.
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3.5 - Cultural Resources
This section evaluates whether the impacts of the proposed modified project to cultural resources require a subsequent EIR pursuant to CEQA Guidelines Section 15162. This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR.

3.5.1 - SETTING
The cultural resources setting of the proposed modified project and its surrounding area is the same as that of the approved project site. Project setting information for the proposed modified project, including information on the area’s history, ethnography, and regulatory environment, is similar to that of the approved project, as both projects are located within the same geographic area. This information is provided in the certified EIR.

3.5.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts to cultural resources not previously identified in the certified EIR for the approved project. As discussed in Chapter 1, Section 1.5 Addendum Scope of Environmental Review in this Addendum, in the certified EIR the approved project was determined to have no impact with regard to the impact thresholds listed below for the environmental topic of cultural resources. Since the proposed modified project would have the same type of residential development located within the vicinity of the original project site, the impacts of the proposed modified project would also have no impact with regard to the following impact thresholds as stated in the CEQA Checklist.

Therefore, the following is not further analyzed for the proposed modified project in this Addendum:
• Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
• Would the project disturb any human remains, including those interred outside of formal cemeteries?
The following Mitigation Measure was adopted for the approved project:

5. If during any construction activities on the project site, including excavating and grading, any archaeological resources or suspected human remains are discovered, all work shall cease immediately until the resource and/or remains are evaluated by a qualified archaeologist. If the remains appear to be human, the County Coroner shall be contacted immediately. In addition, if the remains appear to be Native American, then the Native American Heritage Commission shall be contacted as well. In addition, the lake excavation areas shall be closely monitored for possible uncovered artifacts and/or human remains during all construction phase activities. 195
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The following provides an analysis of the potential impacts to biological resources that were identified in the certified EIR to the certified EIR as potentially significant impacts with mitigation measures incorporated that would be reduced to a less than significant impact.

The analysis below addresses the questions as stated in the CEQA Checklist.

Project Impact
Would the project:
• Would the project cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines Section 15064.5? • Would the project cause a substantial adverse change in the significance of an archeological resource pursuant to CEQA Guidelines Section 15064.5? The analysis in the certified EIR concluded during construction of the project, and specifically during the deep excavations required for the private lakes, existing subsurface historical artifacts or archeological resources may be discovered.

The proposed modified project would be located within the original footprint of the approved project and could also impact existing subsurface historical artifacts or archaeological resources.

There is no new information or substantial changes with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described biological resource impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such cultural resource impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new impacts not already analyzed in the certified EIR, and the modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of less than significant.
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Cumulative Impact
The Amberwood Specific Plan was developed during the same time period as the updated 2035 General Plan. Therefore, the Amberwood Specific Plan Land Uses, and development densities were included in the updated 2035 General Plan Land Use Element, and they were also evaluated and analyzed in the 2035 General Plan Program EIR. The cumulative impacts from development of the approved Project were therefore considered in the Cumulative Environmental Impact Analysis for the 2035 Updated General Plan. The certified project EIR used the certified 2035 General Plan Program EIR as a tiering environmental document with regards to the evaluation of cumulative impacts. The General Plan Projection Method was used for the Cumulative Impacts Analysis contained within the certified project’s EIR, and the certified 2035 General Plan Program EIR is therefore the major reference document for information contained herein.

The proposed project modifications would not generate substantially more adverse cumulative impacts to cultural resources than those disclosed in the certified EIR and would be mitigated to the maximum extent practicable by the incorporation of all feasible and applicable mitigation measures.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a less than significant cumulative impact.
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3.6 - Geology and Soils
This section evaluates whether the impacts for the proposed modified project on geology and soils require a subsequent EIR pursuant to CEQA Guidelines Section 15162. This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR.

3.6.1 - SETTING
The certified EIR analyzed the regulation that is normally applicable to geological and soil resources, as well as a description of the physical setting of both the approved site and surrounding lands. The proposed modified project shares a common physical setting of both the proposed modified project site and surrounding lands. An analysis was then provided to determine whether the impact(s) would be less than significant, significant without mitigation, or significant and unavoidable. The below analysis confirms that there are no changes in these circumstances affecting the modified project.

3.6.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts related to geology and soils not previously identified in the certified EIR for the approved project. As discussed in Chapter 1, Section 1.5 Addendum Scope of Environmental Review in this Addendum, in the certified EIR, the approved project was determined to have no impact with regard to the impact thresholds listed below for the environmental topic geology and soils. Since the proposed modified project would have the same type of residential development located within the vicinity of the approved project site, the impacts of the proposed modified project would also have no impact with regard to the following impact thresholds as stated in the CEQA Checklist.

Therefore, the following is not further analyzed for the proposed modified project in this Addendum:
• Would the project 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 as issued by the State Geologist for the project area or based on other substantial evidence of a known fault?
iv) Landslides?
• Would the project be located on expansive soils, thereby creating substantial risks to life or property?
• Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
The following Mitigation Measure was adopted for the approved project:
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• In order to prevent soil erosion by wind, the project site shall be watered down regularly during construction activities in accordance with the Dust Control Plan approved by the SJVAPCD.
• A Stormwater Pollution Prevention Plan shall be prepared and be submitted to the Regional Water Quality Control Board. The subject SWPPP shall include plans and provisions to minimize soil erosion during normal rainfall and also during major storm events.
• A grading and drainage plan for the project site shall be prepared by a qualified civil engineer. The subject plan shall include plans and provisions to minimize soil erosion and minimize transmission of sediment off-site during major storm events.

The following provides an analysis of the potential impacts to geology and soils that were identified in the certified EIR as significant impacts and, with mitigation measures incorporated, would be reduced to less than significant. The analysis below addresses the questions as stated in the CEQA Checklist.

Project Impact
Would the project:
• Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:
ii) Strong Seismic Ground Shaking?
The certified EIR concluded that the approved project site is located greater than 40 miles from the Great Valley Fault System and greater than 50 miles from the Foothills Fault System.

During moderate to severe earthquakes, some ground shaking at the project site will likely occur. However, the intensity of shaking would likely be moderate not strong given the distance to active faults in the region.

There are no changes proposed by the proposed modified project that involve new significant environmental effects or a substantial increase in the severity of previously identified effects. In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described geology and soils impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such geology and soils impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR. 199
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• Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:
iii) Seismic-related ground failure, including liquefaction? The certified EIR concluded that based on the soil types, depth to groundwater at the site, and the expected levels of seismic shaking (moderate), the potential for liquefaction at the project site would be considered low.

6. Would development of the project result in substantial soil erosion or the loss of topsoil?
The certified EIR concluded that the approved project involves the development of homes, commercial businesses, and other public facility uses (school, community center, etc.). These structures and the associated impervious surfaces created (streets, parking lots, driveways, etc.) will prevent the erosion of topsoil. The approved project would also include extensive landscaped park areas and landscaped open space areas, which will also prevent soil erosion.

However, during the construction of the project, soil erosion could occur due to wind and rain. Mitigation measures to control dust and wind-caused soil erosion, such as daily watering of the construction sites, will be required and will minimize soil erosion from wind.

A grading and drainage plan will be prepared by a registered civil engineer. This plan will include provisions to minimize soil erosion due to stormwater flows.

There are no changes proposed by the proposed modified project that involve new significant environmental effects or a substantial increase in the severity of previously identified effects. In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described geology and soils impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such geology and soils impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new impacts not already 200
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analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

7. Would the project 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? The certified EIR concluded that there is a potential, albeit low, that some areas of the project site could be unstable in the upper two to four feet due to buried debris or undocumented fill material. A geotechnical report and subsurface soil investigation will be completed prior to the start of construction to document any subsurface soil conditions that are problematic for the projected uses. Mitigation measures will be developed to minimize these impacts.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of less than significant.

Cumulative Impact
The Amberwood Specific Plan was developed during the same time period as the updated 2035 General Plan. Therefore, the Amberwood Specific Plan Land Uses and development densities were included in the updated 2035 General Plan Land Use Element, and they were also evaluated and analyzed in the 2035 General Plan Program EIR. The cumulative impacts from development of the approved Project were therefore considered in the Cumulative Environmental Impact Analysis for the 2035 Updated General Plan. The certified project EIR used the certified 2035 General Plan Program EIR as a tiering environmental document with regard to the evaluation of cumulative impacts. The General Plan Projection Method was 201
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used for the Cumulative Impacts Analysis contained within the certified project’s EIR, and the certified 2035 General Plan Program EIR is, therefore, the major reference document for the information contained herein.

With respect to the above-described geology and soils impact evaluation standards, there are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described geology and soils impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such geology and soils impact evaluation, has been identified. Therefore, with respect to this criterion, the modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a cumulatively significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a less than significant cumulative impact.

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3.7 - Hydrology and Water Quality
This section evaluates whether the impacts of the proposed modified project on hydrology and water quality require a subsequent EIR pursuant to CEQA Guidelines Section 15162. This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR.

3.7.1 - SETTING
The certified EIR discussed the existing conditions related to hydrology and water quality in the study area and described the environmental setting for hydrology and water quality for the approved project. It also assessed the regulatory setting at the federal, State, and local levels. With respect to hydrology and water quality, the proposed modified project would not result in any changes to the regulatory setting at the federal, State, and local levels considered in the certified EIR.

3.7.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts related to hydrology and water quality not previously identified in the certified EIR for the approved project. As discussed in Chapter 1, Section 1.5 Addendum Scope of Environmental Review of this Addendum, in the certified EIR, the approved project was determined to have no impact with regard to the impact thresholds listed below for the environmental topic hydrology and water quality. Since the proposed modified project would result in similar development, the impacts of the proposed modified project would also have no impact with regard to the following impact thresholds stated in the CEQA Checklist.
• Would the project otherwise substantially degrade water quality? • Would the project place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary Map, Federal Flood Insurance Rate Map, or other Flood Hazard Delineation Map?
• Would the project place within a 100-year flood hazard area structures which would impede or redirect flood flows?
• Would the project expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as the result of the failure of a levee or dam?
• Would the project expose people or structures to a significant risk of loss, injury, or death by inundation due to seiche, tsunami, or mudflow? The following Mitigation Measures were adopted for the approved project:

1. The Amberwood project design may include two private lakes containing approximately 30.2 acres of surface area. The private lakes shall be unlined, and shall be designed to maximize underground aquifer recharge volumes. 203
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2. The CID open canal located along the eastern side of Orange Avenue shall be placed underground by the developer with an appropriately sized and designed system between the north side of Lincoln Middle School and Dinuba Avenue.

3. The on-site wastewater treatment plant, if that option is selected and approved by the City, shall be designed to provide a tertiary treatment process and high-quality treated wastewater, which meets Title 22 water quality standards, and which will drain into the private lake areas. The treated wastewater shall recharge the underground aquifer and provide recycled water for landscape irrigation of the public and private park areas, thereby conserving water.

4. The on-site WWTP, if that option is selected and approved by the City, may be dedicated to the City by the developer. The City shall obtain a discharge permit from the Regional Water Quality Control Board.

5. Before being deposited into the two private lake areas, project-related stormwater shall be treated and be filtered as required by the Regional Water Quality Control Board to prevent contamination of the underground aquifer drinking water supply.

6. The City of Selma, as a condition of approval for the project, shall require the Amberwood Homeowners Association to implement strict water conservation measures, which shall limit the amount of water used on a monthly basis by each individual dwelling unit to an average of approximately 12,000 gallons per household per month on an annual basis. This shall be accomplished by requiring all homes to have water meters, and by requiring the Amberwood Homeowners Association to implement and enforce strict rules for outdoor watering of landscape areas The subject rules shall strictly limit the time of day for landscape watering to early morning and evening hours only, and shall also limit the duration of time when automatic sprinkler systems are activated to no more than 30 minutes per day in the summer months and 15 minutes per day in the winter months. The limit shall be 20 minutes per day in the fall and spring months.

7. The Amberwood Homeowners Association shall establish a rule that requires that water softeners that rely on salt not be allowed within the Amberwood project area.

The final version of the certified EIR concluded that the approved project would not utilize an on-site wastewater treatment plant. Instead, the intended method of disposing of on-site wastewater disposal and treatment was determined in the Final EIR to be the construction of a gravity flow sewer main that would be connected to the Selma-Kingsburg-Fowler (SKF) County Sanitation District’s wastewater treatment facility. However, the two private lakes were still considered in the certified EIR to be a possible future option, but also otherwise intended a 100-year storm stormwater retention basin. The development of a dual-use ponding basin for stormwater retention is addressed in the Development Agreement. 204
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The following provides an analysis of the potential impacts related to hydrology and water quality that were identified in the certified EIR as potentially significant impacts and, with mitigation measures incorporated, would be reduced to less than significant. The analysis below addresses the questions as stated in the CEQA Checklist.

Project Impact
Would the project:
• Would the project violate any water quality standards or waste discharge requirements?
The proposed modified project no longer proposes a homeowner’s association for all elements of the development. The mitigation measures have been modified to reflect this change. Restrictions on water usage and water softeners will still be required.

The minor revisions, as shown in underline/strikeout to the mitigation measures below, do not reflect new information or substantial changes with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described hydrology and water quality impact evaluation standards. There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects. In addition, no substantial changes have occurred with respect to the circumstances under which the modified project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described hydrology and water quality impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such hydrology and water quality impact evaluation, has been identified. Therefore, with respect to this criterion, the modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
• The City of Selma, as a condition of approval for the project, shall require the Amberwood Homeowners Association to implement strict water conservation measures, which shall limit the amount of water used on a monthly basis by each individual dwelling unit to an average of approximately 12,000 gallons per household per month on an annual basis. This shall be accomplished by requiring all homes to have water meters, and by requiring the Amberwood Homeowners Association to implement and enforce strict rules for restrictions for outdoor watering of landscape areas. The subject rules shall strictly limit the time of day for landscape watering to early morning and evening hours only, and shall also limit the duration of time when automatic sprinkler systems are activated to no more than 30 minutes per day in the 205
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summer months and 15 minutes per day in the winter months. The limit shall be 20 minutes per day in the fall and spring months.
• The Amberwood Homeowners Association shall establish a rule that requires that No water softeners that rely on salt shall not be allowed within the Amberwood project area.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of less than significant.
• Would the project substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned land uses for which permits have been granted)? The certified EIR concluded that the approved project, when fully developed with 2,558 housing units, a new school, and new commercial uses, could potentially affect the groundwater table level in the project area. However, although the project will use a substantial amount of groundwater, the project will recharge the existing aquifer through the treated wastewater to be disposed of in the two private lakes, which would be unlined.

As noted in the impact question above, the proposed modified project will not develop the two private lakes, but the Development Agreement will include a dual-use ponding basin for stormwater retention. However, the SKF wastewater treatment facility will still treat wastewater to meet Title 22 requirements. The dual-use ponding basin satisfies the Final EIR’s 100-year stormwater retention basin requirement.

The proposed modified project also incorporates water efficiency through the use of lowflow faucets and toilets, drip irrigation, and native, drought-tolerant landscaping, thereby reducing the impacts to groundwater supplies. These changes in the modified project result in a reduction in project-level impacts related to these resources.

With respect to the above-described hydrology and water quality evaluation standards, there are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described hydrology and water quality impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such hydrology and water quality impact evaluation, has been identified. Therefore, with respect to this criterion, the modified project would not result in any new significant impacts not already analyzed in the 206
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certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
See the impact question above for a list of proposed modifications to mitigation.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of less than significant.
• Would the project substantially alter the existing drainage patterns of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? • Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site?
The certified EIR concluded that the approved project will not alter the course of any stream or river, the construction of the project will create many impervious surfaces such as building pads, streets, and parking lots. These surfaces will increase the rate of flow for stormwater runoff during storms. The Final EIR intended for stormwater to be accepted into the two private lakes during severe storm events, and the overflow from the lakes would flow by outfall pipe into a master stormwater detention basin retention basin as outlined in the Final EIR. The certified EIR also concluded that in order to minimize impacts to the existing drainage of the site, a grading and drainage plan will be prepared by a registered civil engineer. The grading and drainage plan will include design provisions to minimize flooding during severe storms. An onsite stormwater collection system will be constructed which will convey stormwater to the stormwater basin.

As noted above, the proposed modified project will not develop the two private lakes, but the Development Agreement will include a dual-use ponding basin for stormwater retention.

The dual-use ponding basin satisfies the Final EIR’s 100-year storm stormwater retention basin requirement
There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

As noted in the impact questions above, the proposed modified project will use the dual-use basin to satisfy the Final EIR’s intended 100-year storm stormwater retention basin requirement. These modifications would not further impact the existing drainage patterns.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described hydrology and water quality impact evaluation standards. No new information of substantial importance, 207
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which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such hydrology and water quality impact evaluation, has been identified. Therefore, with respect to this criterion, the modified project would not result in any new significant impacts not already analyzed in the certified EIR and Addendum No. 1, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of less than significant.
• Would the project 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?
The certified EIR concluded that in order to minimize impacts to the creation or contribution of runoff water, a Stormwater Pollution Prevention Plan (SWPPP) for the approved project will be required and will be prepared by a qualified civil or environmental engineer.

The proposed modified project would be located within the original footprint of the approved project and could also lead to impacts to the creation or contribution of runoff water. However, the proposed modified project would adhere to the same mitigation measure as the approved project.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described hydrology and water quality impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such hydrology and water quality impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR. 208
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MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a less than significant impact.

Cumulative Impacts
The certified EIR concluded that the development of the approved Project, in conjunction with the full buildout of the 2035 General Plan Land Uses, and the anticipated Selma population of approximately 65,000 people in the year 2035, will have a significant, unavoidable, and cumulatively considerable impact on underground water resources within the Consolidated Irrigation District service area. The existing underground aquifer is currently in an overdraft condition. Although mitigation measures for groundwater recharge (recharge basins) will most likely be implemented in the future, the overdraft condition will still persist with the anticipated future population growth and new developments planned for the valley portion of the Southeastern Fresno County Region, which includes not only the City of Selma, but also the Cities of Fowler, Kingsburg, Sanger, and Reedley.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described hydrology and water quality impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such hydrology and water quality impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant cumulative impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.
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LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of cumulatively significant and unavoidable.
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3.8 - Land Use and Planning
This section evaluates whether the impacts of the proposed modified project on land use and planning require a subsequent EIR pursuant to CEQA Guidelines Section 15162. This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR.

3.8.1 - SETTING
The land use and planning setting of the proposed modified project and its surrounding area is similar to that of the approved project site. The proposed modified project site has been historically used for agriculture.

Lands in the vicinity of the proposed modified project area are generally the same as those described in the certified EIR. The land uses surrounding the project site consist of agricultural and residential.

3.8.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts related to land use and planning not previously identified in the certified EIR for the approved project. As discussed in Chapter 1, Section

1.5 Addendum Scope of Environmental Review of this Addendum, in the certified EIR, the approved project was determined to have no impact with regard to the impact thresholds listed below for the environmental topic land use and planning. Since the proposed modified project would result in similar development within the same footprint of the approved project, the impacts of the proposed modified project would also have no impact with regard to the following impact thresholds stated in the CEQA Checklist. • Would the project conflict with any applicable habitat conservation plan or natural community conservation plan?
The following provides an analysis of the potential impacts related to land use and planning that were identified in the certified EIR as less than significant. The analysis below addresses the questions as stated in the CEQA Checklist.
• Would the project physically divide an established community? The certified EIR concluded that the approved project site is located at the eastern edge of the City of Selma and, therefore, would not physically divide an established community. The proposed modified project would be located within the original footprint of the approved project and, therefore, would also not physically divide an established community.

There are no changes within the proposed modified project that would involve new significant environmental effects or a substantial increase in the severity of previously identified effects. In addition, no substantial changes have occurred with respect to the 211
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circumstances under which the proposed modified project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described land use and planning impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such land use and planning impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the findings in the certified EIR as less than significant.
• Would the project 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? The certified EIR concluded that the approved project was consistent with the Selma General Plan and the Amberwood Specific Plan. The proposed modified project would be located within the original footprint of the approved project and proposes similar land uses.

There are no changes within the proposed modified project that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the proposed modified project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described land use and planning impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such land use and planning impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR. 212
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MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of less than significant.

Cumulative Impacts
The Amberwood Specific Plan was developed during the same time period as the updated 2035 General Plan. Therefore, the Amberwood Specific Plan Land Uses, and development densities were included in the updated 2035 General Plan Land Use Element, and they were also evaluated and analyzed in the 2035 General Plan Program EIR. The cumulative impacts from development of the approved Project were therefore considered in the Cumulative Environmental Impact Analysis for the 2035 Updated General Plan. The certified EIR used the certified 2035 General Plan Program EIR as a tiering environmental document with regard to the evaluation of cumulative impacts. The General Plan Projection Method was used for the cumulative impacts analysis contained within the certified EIR, and the certified 2035 General Plan Program EIR is, therefore, the major reference document for the information contained herein.

With respect to the above-described land use and planning evaluation standards, there are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described land use and planning impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such land use and planning impact evaluation, has been identified. Therefore, with respect to this criterion, the modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.
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LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of cumulatively less than significant.
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3.9 - Noise
This section evaluates whether the impacts of the proposed modified project on noise require a subsequent EIR pursuant to CEQA Guidelines Section 15162. This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR.

3.9.1 - SETTING
The noise setting of the proposed modified project and its surrounding area is generally the same as that of the approved project. The discussion of noise-sensitive land uses, and the existing noise environment (including noise levels from traffic) in the certified EIR provides the setting for the proposed modified project. The information provided in the regulatory setting of the certified EIR is also applicable to the proposed modified project. Refer to these subsections of the certified EIR for a detailed discussion.

3.9.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts related to noise not previously identified in the certified EIR for the approved project. As discussed in Chapter 1, Section 1.5 Addendum Scope of Environmental Review in this Addendum, in the certified EIR, the approved project was determined to have no impact with regard to the impact thresholds listed below for the environmental topic noise. Since the proposed modified project would have a similar development located within the vicinity of the original project site, the impacts of the proposed modified project would also have no impact with regard to the following impact threshold as stated in the CEQA Checklist. Therefore, the following is not further analyzed for the proposed modified project in this Addendum:
• For a project located within an airport land use planning area 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?
• For a project located within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The following Mitigation Measures were adopted for the approved project:

1. Increase the setbacks of noise sensitive structures and outdoor activity areas from arterial roadways as required to avoid areas and structures being exposed to greater than 65 db DNL noise levels.

2. Construct a minimum 6-foot-high decorative sound wall between noise-sensitive structures and noise-sensitive outdoor activity areas and arterial roadways. 215
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3. Limit residential structures to single stories when located adjacent to or along major arterials that are subject to substantial traffic noise (above 65 db DNL).

4. City shall ensure the interior noise levels of residential structures do not exceed 45 dB DNL through the use of increased insulation, reduced window areas, and other approved design and construction methods where required for proper noise attenuation.

5. During the site planning process for commercial or institutional uses, ensure buildings are set back a sufficient distance from noise-sensitive land uses such that the outdoor activity areas of noise-sensitive uses do not exceed a noise level of 65 dB DNL.

6. Require the use of engineered sound walls between commercial and institutional uses and noise-sensitive uses as needed for proper noise attenuation.

7. Require the use of equipment enclosures for commercial and institutional mechanical equipment and proper shielding to reduce noise transmission off-site.

8. Implement Policy 3.9 of the General Plan Noise Element, which specifies additional preferred mitigation measures to be considered during the design review of new commercial or institutional uses that may affect nearby noisesensitive uses.

9. For off-site traffic noise impacts to existing uses, the construction of effective sound walls may not be feasible. Therefore, these impacts will remain significant and unavoidable.

10. Noise and vibration impacts from building activities can be mitigated and are not usually considered to be significant if the construction occurring near noise-sensitive uses is limited to daytime hours only, extraordinary noiseproducing activities such as pile driving are not anticipated, and construction equipment is adequately maintained and muffled. City shall enforce Policy 3.1 of the General Plan Noise Element, which provides effective mitigation for construction-related noise and vibration impacts.

The following provides an analysis of the impacts that were identified in the certified EIR as significant impacts that, with mitigation measures incorporated, would be reduced to less than significant and significant impacts that could be reduced to a less than significant level with mitigation measures incorporated. The analysis below addresses the questions as stated in the CEQA Appendix G Checklist.
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Project Impact
Would the project:
• Would the project result in the exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
• Would the project result in the exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels?
The certified EIR concluded that the approved project is residential in scope with some community commercial land uses, a school, and a community center. Noise levels and groundbourne vibration will not be excessive with these types of land uses. The proposed modified project would be located within the original footprint of the approved project and proposes similar land uses and, therefore, would be subject to the approved Mitigation Measures Noise 1-10.

With respect to the above-described noise and vibration impact evaluation standards, there are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE
The proposed modifications to the project do not change the finding in the certified EIR of less than significant.
• Would the project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? The certified EIR concluded that the approved project of urban uses (residences, commercial uses, elementary school, community center) will permanently increase the ambient noise 217
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levels in the vicinity of the project. At times, these noise levels could be substantial, especially around the school when children are outside playing or during sporting events such as soccer games. However, these types of noise impacts are temporary in nature. The development of Amber Avenue as a major four-lane arterial could substantially increase traffic-related noise levels. Mitigation measures such as noise buffer walls may be required.

The certified EIR concluded that potential noise impacts are projected to be less than significant with mitigation incorporated.

The proposed modified project would be located within the original footprint of the approved project and proposes similar land uses.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of less than significant.
• Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? The certified EIR concluded that temporary substantial increases in ambient noise levels could occur during school activities or sporting events. However, because of their temporary duration, these impacts are considered to be less than significant.

The proposed modified project would be located within the original footprint of the approved project and proposes similar land uses.

With respect to the above-described noise and vibration impact evaluation standards, there are no changes proposed by the project modifications that involve new significant 218
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environmental effects or a substantial increase in the severity of previously identified effects.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE
The proposed modifications to the project do not change the finding in the certified EIR of less than significant.

Cumulative Impacts
The certified EIR determined that impacts of the approved project, when combined with the impacts of past, present, and reasonably foreseeable projects, would not result in a cumulatively considerable contribution to noise impacts in the area. The certified project EIR indicated the 2035 General Plan Update contains an update to the Noise Element, which has several specific development policies and standards to minimize and mitigate noise impacts. Uses that generate operational noise and construction noise are timerestricted, in order to minimize impacts to adjacent sensitive land uses and also have performance standards for noise levels at the property lines. Based on the implementation of these policies, the buildout of the 2035 General Plan Land Uses (including the approved project) would result in a less than significant cumulative impact. The proposed modified project would not result in a change to the conclusions regarding cumulative construction noise impacts in the certified EIR.

As a result, the proposed modified project would not create more severe cumulative impacts on noise than those disclosed in the certified EIR and would be mitigated to the maximum extent practicable by the incorporation of mitigation measures of the certified EIR.

With respect to the above-described noise evaluation standards, there are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects. In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial 219
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increase in the severity of impacts related to the above-described noise impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such noise impact evaluation, has been identified. Therefore, with respect to this criterion, the modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding of the certified EIR of cumulatively less than significant.
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3.10 - Population and Housing
This section evaluates whether the impacts of the proposed modified project on public services require a subsequent EIR pursuant to CEQA Guidelines Section 15162. This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR. The City has adopted an update to its Housing Element as part of the Fresno County Multi-Jurisdictional 2023-2031 Housing Element. The Housing Element is a State-mandated policy document that is a component of the City of Selma General Plan and is also the basis of this analysis.

3.10.1 - SETTING
The population and housing setting of the proposed modified project and its surrounding area is generally the same as that of the approved project.

3.10.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts related to population and housing not previously identified in the certified EIR for the approved project. As discussed in Chapter 1, Section 1.5 Addendum Scope of Environmental Review in this Addendum, in the certified EIR, the approved project was determined to have no impact with regard to the impact thresholds listed below for the environmental topic population and housing. Since the proposed modified project would have a similar development located within the vicinity of the original project site, the impacts of the proposed modified project would also have no impact with regard to the following impact, as thresholds stated in the CEQA Checklist.

Therefore, the following is not further analyzed for the proposed modified project in this Addendum:
• Would the project displace substantial numbers of existing housing units, necessitating the construction of replacement housing units elsewhere? • Would the project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?
The following provides an analysis of the impacts that were identified in the certified EIR as significant impacts that, with mitigation measures incorporated, would be reduced to less than significant and significant impacts that could be reduced to a less than significant level with mitigation measures incorporated. The analysis below addresses the questions as stated in the CEQA Appendix G Checklist.

Project Impact
Would the project:
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• Would the project induce substantial population growth in the area, either directly by proposing new homes and businesses or indirectly through the extension of roads or other infrastructure?
The certified EIR concluded that the full buildout of the approved project with 2,558 housing units will significantly increase the population in the project area and within the City of Selma. The approved project could also induce other new development adjacent to and in the vicinity of the project site. The impacts would directly induce substantial population growth that would be significant and unavoidable. There are no feasible mitigation measures for project-level impacts related to population and housing identified in the certified EIR.

However, it should be noted that California Government Code Section 65584 requires that each city and county plan to accommodate a fair share of the region’s housing construction needs. Selma was a participant in the Fresno Council of Governments (FCOG) preparation of the Regional Housing Needs Allocation (RHNA) and the 2023-2031 Housing Element for the region based on existing and projected regional trends in population growth, household sizes, job accessibility, and transportation access. Selma’s goal is to provide up to 1,492 units.

After accounting for planned and approved projects, ADU projections, and capacity on vacant sites, Selma does not have adequate sites to meet its 6th cycle RHNA with a shortfall of 816 units. The modified project will help alleviate the lack of housing opportunities and meet current RHNA goals.

There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

Therefore, with respect to this criterion, the modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding of the certified EIR of significant and unavoidable.
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Cumulative Impacts
The Amberwood Specific Plan was developed during the same time period as the updated 2035 General Plan. Therefore, the Amberwood Specific Plan land uses and development densities were included in the updated 2035 General Plan Land Use Element, and they were also evaluated and analyzed in the 2035 General Plan Program EIR. The cumulative impacts from the development of the approved project were therefore considered in the Cumulative Environmental Impact Analysis for the 2035 Updated General Plan. The certified project EIR used the certified 2035 General Plan Program EIR as a tiering environmental document with regard to the evaluation of cumulative impacts. The General Plan Projection Method was used for the Cumulative Impacts Analysis contained within the certified project’s EIR, and the certified 2035 General Plan Program EIR is, therefore, the major reference document for the information contained herein.

With respect to the above-described population and housing evaluation standards, there are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects.

In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described population and housing impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
There are no feasible mitigation measures identified in the certified EIR. No new measures are required.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the findings in the certified EIR as a less than significant cumulative impact.
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3.11 - Public Services
This section evaluates whether the impacts of the proposed modified project on public services require a subsequent EIR pursuant to CEQA Guidelines Section 15162. This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR.

3.11.1 - SETTING
The provision of public services in the vicinity of the proposed modified project area is generally the same as those described in the certified EIR. The proposed modified project would not result in any changes to the regulatory setting considered in the certified EIR.

3.11.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts related to public services not previously identified in the certified EIR for the approved project.

The following Mitigation Measures were adopted for the approved project:

1. Developer/Builder shall pay development impact fees as adopted by the City prior to the issuance of building permits for new homes and commercial buildings.

2. Developer shall dedicate the community center building and surrounding land to the City for public recreational use.

3. Developer shall pay required School Impact Fees to the Selma Unified School District prior to the issuance of building permits by the City.

4. Developer shall agree to participate in a lighting and landscaping assessment district, which will be formed for Amberwood by City Council action.

5. In order to minimize the impacts to the City Public Works Department for street maintenance, all local streets located within Amberwood shall be private streets, and the Amberwood Homeowners Association shall be responsible for the maintenance of all of the private streets.

The following provides an analysis of the potential impacts related to public services that were identified in the certified EIR as potentially significant impacts and, with mitigation measures incorporated, would be reduced to a less than significant impact. The analysis below addresses the questions as stated in the CEQA Checklist.

Project Impact
Would the project:
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• 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 public services (Fire Protection, Police Protection, Public Works including Parks, Schools, or Other Public Facilities)? The proposed modified project would be located within the original footprint of the approved project and therefore would be subject to the approved Mitigation Measures Public Services 1-5.

The certified EIR concluded that the following would be required and/or provided as part of the adopted Amberwood Specific Plan:

Fire Protection – A new fire substation would be needed to serve the project area. The Amberwood project will provide an approximate 1.5-acre site for a new combined Police and Fire public safety facility.

Police Protection – A new police substation would be needed to serve the project area. The Amberwood project will provide an approximate 1.5-acre site for a new combined Police and Fire public safety facility.

Public Works including Parks - The construction of the Amberwood project will add several miles of new streets to the infrastructure of the City of Selma. These streets will include local streets, collector streets, and arterial streets. Many of the streets within the project, particularly local streets that serve gated individual neighborhoods, will be private and will be owned and maintained by the Amberwood Homeowners Association.

All arterial streets and collector streets will be City-dedicated public streets and will be owned and maintained by the City of Selma.

Schools – A new 10.8-acre elementary school site will be provided within the boundaries of the Amberwood project.

Other Public Facilities – A new community center site will be dedicated to the City. A new onsite wastewater treatment plant will need to be constructed or a connection to the existing SKF WWTP will need to be constructed. A new master stormwater detention basin will need to be constructed.

With respect to the above-described public services evaluation impact standards, except for Impact Public Works including Parks, there are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects. In addition, no substantial changes have occurred with respect to the circumstances under which the modified project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described public services impact evaluation standards. No new information of substantial importance, which was not known and could not have been 225
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known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such public services impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

With respect to Impact Public Works including Parks, the certified EIR stated the addition of approximately four miles of new arterial and collector public streets will have an impact on the street maintenance program in the City Public Works Department. This will necessitate the future hiring of new street maintenance personnel and will also require additional street maintenance funding for future seal coating, asphalt crack filling, curb, gutter, and sidewalk replacement, and asphalt overlays. Additional street maintenance equipment and vehicles will also be required, including pickup trucks (2), dump truck (1), and street sweeper (1). A minimum of four additional public works street maintenance personnel will be needed to serve the Amberwood project area. The certified EIR concluded that these impacts would be less than significant with mitigation.

At the time the original project was contemplated, the development proposed gated communities with private local streets. Since that time, a new developer has acquired a portion of the project and is proposing public local streets as part of the development. Local streets are typically developed as public streets within a residential subdivision and are required to be built to City standards. When Tentative Tract Map No. 6244 and the subsequent maps record, the public streets will be dedicated to the City for maintenance purposes. Although this would add to the overall road maintenance of the City, the developer will agree to pay its share of maintenance through an assessment or financing district, such as a Community Facilities District (CFD) or Landscaping, Lighting, and Maintenance District (LLMD). These assessments would help offset road maintenance costs to the City and, therefore, would not significantly affect the overall costs or staffing needs of the City.

Mitigation Measure 5 of the certified Amberwood Specific Plan EIR, under the public services impact thresholds, would be modified to allow for public local streets. The mitigation measure would be modified to require the local streets to be constructed to City standards and dedicated to the City for maintenance purposes.

The minor revisions, as shown in underline/strikeout to the mitigation measure below, do not reflect new information or substantial changes with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described Public Services impact evaluation standards. There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects. As such, no substantial changes have occurred with respect to the circumstances under which the modified project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described public services impact evaluation standards. No new information of 226
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substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such public services impact evaluation, has been identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
Revised mitigation measure: In order to minimize the impacts to the City Public Works Department for street maintenance, all local streets located within Amberwood shall be private streets, and the Amberwood Homeowners Association shall be responsible for maintenance of all of the private streets. The developer shall construct all streets to City of Selma standards and may dedicate public streets for incorporation into the City maintenance district. If streets are dedicated, the City may use an assessment or financing district, such as a Community Facilities District (CFD) or Landscaping, Lighting, and Maintenance District (LLMD) to finance maintenance costs associated with the Project.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of less than significant.

Cumulative Impact
The Amberwood Specific Plan was developed during the same time period as the updated 2035 General Plan. Therefore, the Amberwood Specific Plan Land Uses and development densities were included in the updated 2035 General Plan Land Use Element, and they were also evaluated and analyzed in the 2035 General Plan Program EIR. The cumulative impacts from the development of the approved Project were therefore considered in the Cumulative Environmental Impact Analysis for the 2035 Updated General Plan. The certified EIR used the certified 2035 General Plan Program EIR as a tiering environmental document with regard to the evaluation of cumulative impacts. The General Plan Projection Method was used for the Cumulative Impacts Analysis contained within the certified EIR, and the certified 2035 General Plan Program EIR is, therefore, the major reference document for the information contained herein.

With respect to the above-described public services evaluation standards, there are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects. In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described public services impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such public services impact evaluation, has been 227
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identified. Therefore, with respect to this criterion, the proposed modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the proposed modified project would not increase the severity of a significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of a less than significant cumulative impact.
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3.12 - Transportation and Traffic
This section evaluates whether the impacts of the proposed modified project on traffic require a subsequent EIR pursuant to CEQA Guidelines Section 15162. This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR.

3.12.1 - SETTING
The transportation and traffic setting of the proposed modified project and its surrounding area is generally the same as that of the approved project. The discussion of the existing and proposed streets and intersections, performance criteria, existing roadway conditions, public transportation, non-motorized transportation (pedestrian pathways and bikeways), railroad operations, and airport facilities in certified EIR provides the setting for the proposed modified project.

Transportation in the surrounding area is dominated by automobile traffic. With respect to transportation and traffic, the proposed modified project would not result in any changes to the setting considered in the certified EIR, as both projects have similar area characteristics.

3.12.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts to transportation and traffic not previously identified in the certified EIR for the approved project. As discussed in Chapter 1, Section

1.5 Addendum Scope of Environmental Review of this Addendum, in the certified EIR, the approved project was determined to have no impact with regard to the impact thresholds listed below for the environmental topic transportation and traffic. Since the proposed modified project would be a similar development located in the area of the approved project site, the impacts of the proposed modified project would also have no impact with regard to the following impact thresholds provided. Therefore, the following is not further analyzed for the proposed modified project in this Addendum:
• Would the project result in a change in air traffic patterns, including either an increase in air traffic levels or a change in location that results in substantial safety risks? • Would the project substantially increase hazards due to a design feature such as sharp curves or dangerous intersections, or incompatible uses such as farm equipment?
• Would the project result in inadequate emergency access? • Would the project conflict with adopted policies, plans, or programs supporting alternative transportation methods such as bus turnouts and bicycle paths? The following Mitigation Measures were adopted for the approved project:
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1. The Amberwood project will contribute a Fair Share of the cost to install traffic signals on the SR 99 northbound off-ramp at the Manning Avenue intersection. Fair share cost will be determined by a Traffic Study.

2. The Amberwood project will contribute a Fair Share of the cost to install traffic signals on the SR 99 southbound off-ramp at Mountain View Avenue. The Fair Share cost will be determined by a Traffic Study.

3. The Amberwood project will contribute the entire cost of installing traffic signals at the Del Rey and Manning Avenue intersection. This would mitigate the project impacts to a Less than Significant Level for the Existing+Approved+Project Scenario.

4. The Amberwood project will contribute a Fair Share of the cost to install traffic signals at the Bethel and Manning Avenue intersection. The Fair Share cost will be determined by a Traffic Study.

5. The Amberwood project will contribute a Fair Share of the cost to install traffic signals at the Golden State and Dinuba Avenue intersection. The Fair Share cost will be determined by a Traffic Study.

6. The Amberwood project will contribute a Fair Share of the cost to install traffic signals at the McCall and Dinuba Avenue intersection. All four approaches to the intersection should be modified to provide a separate left turn lane and a combined right turn plus through lane. The Fair Share cost will be determined by a Traffic Study.

7. The Amberwood project will contribute the entire cost of installing traffic signals at the Del Rey and Dinuba Avenue intersection. All four approaches to the intersection should be designed to provide a separate left turn lane and a combined through plus right turn lane. This would mitigate the project impacts to a Less than Significant Level for Existing+Approved+Project Scenario.

8. The Amberwood project will contribute the entire cost of installing traffic signals at the Orange and Floral Avenue intersection. The two Floral Avenue approaches to the modified to provide a separate left turn lane, and a combined through plus right turn lane. This would mitigate the project impacts to a Less than Significant Level for Existing+Approved+Project Scenario.

9. The Amberwood project will contribute the entire cost of installing traffic signals at the Dockery and Floral Avenue intersection. The two Floral Avenue approaches to the intersection should be modified to provide a separate left turn lane, and a combined through plus right turn lane. This would mitigate the project impacts to a Less than Significant Level for Existing+Approved+Project Scenario.

10. The Amberwood project will contribute a Fair Share of the cost to install traffic signals on the SR 99 southbound off-ramp intersection at Second Street. The Fair Share cost is estimated at 15.1 percent, which represents the project percentage of the PM peak 230
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hour entering volume for Existing+Approved+Project Scenario. In addition, the project will also contribute a Fair Share of the cost for the installation of traffic signals on the SR 99 Northbound off ramp intersection at Second Street. The Fair Share contribution for these improvements shall be determined by Caltrans. This would mitigate the project impacts to a Less than Significant Level for Existing+Approved+Project Scenario.

11. The Amberwood project will contribute the entire cost for installing traffic signals at the Orange and Dinuba Avenue intersection. All four approaches to the intersection should be modified to provide a separate left turn lane and a combined right turn and through lane. These improvements would mitigate the project impacts to a Less than Significant Level.

12. The Amberwood project will contribute the entire cost for installing traffic signals at the Rose and Amber Avenue intersection. All four approaches to the intersection should be modified to provide a separate left turn lane and a combined right turn and through lane. This would mitigate the project impacts to a Less than Significant Level.

13. The following mitigation measures, as outlined in the Traffic Impact Study, are recommended to reduce the impacts of the Amberwood project traffic on rail safety at the Floral Avenue railroad crossing: (a) Installation of street median separation to prevent vehicles from driving around the railroad crossing gates. If installation of a median is feasible, the Amberwood project should contribute a Fair Share of the cost of this improvement, (b) Installation of vandal resistant fencing or walls to limit the access of pedestrians onto the railroad right of way at this location. The developer and the City should investigate the feasibility of this measure, and if feasible the developer should contribute a Fair Share toward the cost of implementing this improvement, (c) The City of Selma shall consider implementing a rail safety awareness program to educate the public about the hazards of at grade railroad crossings. The City of Selma Website and informational media resources, such as Operation Lifesaver, can be utilized for public educational purposes. The Amberwood project should contribute a Fair Share toward the cost of implementing this program, and (d) The City should consider including rail crossing improvements in its development impact fee program, whereby a mechanism can be provided for new developments to pay a Fair Share of the costs for rail crossing improvement measures, such as those outlined above. The City of Selma updated 2035 General Plan recommends a grade-separated railroad crossing at the Mountain View Avenue location. If not already included, this improvement should be considered for inclusion in the City of Selma development impact fee program for transportation capital facilities.

14. The Traffic Impact Study (TIS) is included in the DEIR and is an integral part of the FEIR. The Amberwood Specific Plan Project is very large in scale and encompasses approximately 690 acres with a projected maximum total of 2,558 singe-family dwelling units. The project will be constructed in up to 20 phases and may require 20 231
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years or more for a full buildout to be reached. Due to the long-term nature of the project, the traffic impacts will occur over a long period f of time as the project builds out. The exact phasing boundaries for each phase have not been determined at this time and individual phases will contain a varying number of dwelling units, dependent upon annual housing market demand within the Selma area. Therefore, in consultation with City staff, it was determined that additional traffic impact analysis and study will be required for each phase of the Amberwood project. Mitigation measures for traffic impacts from each phase will be contained in subsequent CEQA documents, which are anticipated to be Mitigated Negative Declarations.

In addition, when one or more future Tentative Subdivision Tract Maps are filed, City Staff will develop Conditions of Approval for each Tract Map. The Conditions of Approval will contain Conditions and Mitigation measures necessary to mitigate the traffic impacts associated with each individual Tentative Subdivision Tract Map.

However, at this time, City Staff is requesting that specified roadway sections, bridges, and intersections be included in this FEIR, and referenced herein for future traffic impact analysis study. After determining the Specific Traffic Impacts for each phase of the project, as a Condition of Approval for each Tentative Subdivision Tract Map, the developer/subdivider shall be required to pay the costs for project-related traffic improvements. The FAIR SHARE contribution and a ZONE OF BENEFIT (if needed) will be provided by the City Engineer and will be included in the Conditions of Approval for each Tentative Subdivision Tract Map and as a Mitigation Measure in each subsequent Mitigated Negative Declaration CEQA document. Table 3-1 below outlines the additional intersections, roadway segments, and bridges that will require future traffic impact analysis with each particular development phase, which significantly impacts the outlined facilities.

Table 3-1
Intersections, Roadway Segments, and Bridges Requiring Future Traffic Impact Study Intersections Bridges Roadway
Segments
By Impacting
Development
Phase*
(Yes/No)
Required Fair
Share
Contribution
(Yes/No)
Nelson Blvd.
and Orange
Ave.

Manning Ave. Bridge
over State Hwy 99
Leonard Ave. from Dinuba to
Manning Ave.

Yes Yes
Floral and
Amber Ave.

Mountain View Bridge
at Hwy 99
Del Rey (Dinuba to Manning) Yes Yes
Rose and
Amber Ave.

Bridge over Floral
Ave. to Highland
Ave/State Hwy 43
Bethel Ave. from Manning
Ave. to Mountain View
Yes Yes
Bethel and
Mountain View
Ave.

Overpass Bridge
(proposed) over Hwy
99 at Dinuba
Amber Ave. from Floral to
Nebraska Ave.

Yes Yes
Bethel and
Manning Ave.

Overpass Bridge
(proposed over Hwy
99 at Dinuba)
McCall Ave. from Dinuba to
Manning Ave.

Yes Yes
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Intersections Bridges Roadway
Segments
By Impacting
Development
Phase*
(Yes/No)
Required Fair
Share
Contribution
(Yes/No)
Del Rey and
Manning Ave.

Bridge over Canal at
Dinuba and Orange
Mountain View Ave. from
Bethel to State Hwy 99
Yes Yes
Floral and
Bethel Ave.

Dinuba Ave. from Golden
State Blvd. to Bethel Ave.

Yes Yes
*Impacting Development Phase to mean “Significantly Impacting” as determined by the City Engineer.

15. FRESNO COUNTY LEVEL OF SERVICE STANDARDS. In correspondence from the City Staff dated August 22, 2014, City staff points out that all potentially impacted intersections currently located outside the Selma Sphere of Influence (SOI) have a LOS C service requirement, as far as Fresno County is concerned. Outlined below is a listing of potentially impacted Fresno County street intersections:
• State Highway 99 and Manning Avenue Interchange
• Del Rey and Manning Avenue
• Bethel and Manning Avenue
• Golden State Blvd. and Manning Avenue
• Leonard and Manning Avenue
• McCall and American Avenue
• McCall and Central Avenue
• McCall and Jensen Avenue
• McCall and Mountain View Avenue
• Bethel and Dinuba Avenue
• Bethel and Floral Avenue
• Bethel and Rose Avenue
• Bethel and Mountain View Avenue
• State Route 43 and Highland Avenue
The stated goal of Fresno County is to maintain a minimum of LOS C as the service level for these County intersections. Some of the above-listed intersections already have traffic signals for traffic control, and some of them currently do not. As mitigation measures for maintaining an LOS C service level at uncontrolled Fresno County intersections, the developer, as a condition of approval for any Tentative Subdivision Tract Map filed within the Amberwood Specific Plan area, shall pay a Fair Share or direction impact fees for County traffic signal installations, and required intersection improvements.

The following Fresno County intersections are currently uncontrolled:
• Del Rey and Manning Avenue
• Leonard and Manning Avenue
• McCall and American Avenue
• McCall and Central Avenue
• McCall and Mountain View Avenue
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• Bethel and Dinuba Avenue
• Bethel and Floral Avenue
• Bethel and Rose Avenue
The developer's obligation for traffic signal installation at the above-outlined uncontrolled Fresno County intersections shall be determined by an independent traffic study undertaken by the Fresno County Public Works and Planning Department, with consultation and input from the Selma City Engineer. All traffic impact analysis and studies shall be signed off on by a registered Traffic Engineer, registered in the State of California. The fair share contribution for County intersection improvements shall be collected at the time of Building Permit Issuance by the Selma Building Department. The City of Selma shall maintain the collected funds in a dedicated separate account and shall provide the collected funds to Fresno County at the time the County intersection improvements are being made The following provides an analysis of the potential impacts related to public services that were identified in the certified EIR as potentially significant impacts and, with mitigation measures incorporated, would be reduced to a less than significant impact. The analysis below addresses the questions as stated in the CEQA Checklist.

Project Impact
Would the project:
• Would the project cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)?
• Would the project exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads and highways?
The certified EIR concluded that the approved project would have significant and unavoidable impacts with regard to causing substantial increase in traffic of a street system and exceeding a level of service standard.

A traffic impact study was completed for the Amberwood project EIR by Dowling & Associates. The Traffic Impact Study included a traffic impact analysis and recommended mitigation measures for three scenarios as follows:

1. Existing Plus Project Traffic Levels.

2. Existing Plus Approved Projects Plus Project Traffic Levels.

3. Cumulative 2035 Plus Project Traffic Levels.
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The Traffic Impact Study included an analysis of the existing (current) traffic volumes for the weekday peak hour traffic at the following key intersections:
• Manning Avenue and the southbound SR 99 on- and off-ramps • Manning Avenue and the northbound SR 99 off-ramp
• Manning Avenue and Leonard Avenue
• Manning Avenue and McCall Avenue
• Manning Avenue and Del Rey Avenue
• Manning Avenue and Bethel Avenue
• Golden State and Dinuba Avenue
• Dinuba Avenue and Highland Avenue
• Dinuba Avenue and Thompson Avenue
• McCall Avenue and Dinuba Avenue
• Dinuba Avenue and Orange Avenue existing (south of Dinuba) • Dinuba and Del Rey Avenue
• Dinuba and Bethel Avenue
• Golden State and Highland Avenue
• Floral Avenue and De Wolf Avenue
• Floral Avenue and SR 99 southbound off-ramp
• Floral Avenue and SR 99 northbound on-ramp
• Floral Avenue and Highland Avenue
• Floral Avenue and SR 99 northbound off-ramp
• Floral Avenue and Whitson Avenue
• Floral Avenue and McCall Avenue
• Floral Avenue and Orange Avenue
• Floral Avenue and Dockery Avenue
• Floral Avenue and Amber Avenue
• Bethel Avenue and Floral Avenue
• Highland Avenue and SR 99 southbound on-ramps
• Highland Avenue and SR 99 northbound on-ramp
• Highland Avenue and Rose Avenue
• McCall Avenue and Rose Avenue
• Amber Avenue and Rose Avenue
• Bethel Avenue and Rose Avenue
• Second Street and SR 99 southbound off-ramp
• Second Street and SR 99 northbound on-ramp
• Second Street and Whitson Avenue
• Amber Avenue and Nebraska Avenue
• Highland Avenue and Mountain View Avenue
• McCall Avenue and Mountain View Avenue
• Mountain View Avenue and SR 99 southbound off-ramp
• Mountain View Avenue and SR 99 southbound on-ramp
• Mountain View Avenue and SR 99 northbound on-ramp
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• Mountain View Avenue and SR 99 northbound off-ramp
• Golden State and Mountain View Avenue
• Mountain View Avenue at proposed Amber Avenue Extension • Mountain View Avenue and Bethel Avenue
• McCall Avenue and American Avenue
• McCall Avenue and Central Avenue
• McCall Avenue and Jensen Avenue
• Manning Avenue and Golden State
• Manning Avenue and SR 99 northbound on-ramp
• Floral Avenue Eastbound and SR 99 northbound on-ramp
• Orange Avenue proposed northward extension (north of Dinuba) and Dinuba Avenue The traffic study also depicted the existing (current) traffic control situation at the above key intersections and labeled the current intersection traffic controls as follows: a) stop sign control, b) all-way stop sign control, and c) traffic signal control.

According to the certified EIR, the approved project at full buildout, will increase traffic significantly within the City of Selma. The approved project will also impact State of California facilities, primarily the State interchanges located at State Route 99 and Floral Avenue, Highland Avenue, Second Avenue, Manning Avenue, and Mountain View Avenue. Some impacts to County roadways and County intersections may also occur.

The proposed modified project would be located within the original footprint of the approved project and even with implementation of Mitigation Measures Traffic 1-18, would have significant and unavoidable impacts with regard to causing substantial increase in traffic of a street system and exceeding a level of service standard.

With respect to the above-described traffic impact evaluation standards, there are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects. In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described traffic impact evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such described traffic impact evaluation, has been identified.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR related to vehicle traffic of a significant and unavoidable impact.

Cumulative Impacts
As discussed above, mitigation measures are required to address the significant impacts of adding residential homes to the regional traffic network. Although the certified EIR for the approved project concluded that the project impacts would be mitigated to the extent feasible with implementation of mitigation measures, the impact related to vehicular traffic would remain significant and unavoidable.

The proposed modified project would implement mitigation measures and would result in a significant impact related to vehicular traffic impacts. The certified EIR concluded that the approved project, when combined with the impacts of past, present, and reasonably foreseeable projects, would create a substantial adverse effect related to changes in the transportation system, or traffic generation, during construction or operations, project-level and cumulative impacts would be significant and unavoidable. The proposed modified project does not result in an increase in traffic beyond what was analyzed in the certified EIR.

The certified EIR concluded that the cumulative impacts from all existing and reasonably foreseeable projects are considered significant and unavoidable. Mitigation measures would reduce this cumulative impact; however, it remains significant and unavoidable.

The proposed modified project would implement Mitigation Measures and would not result in a change to the conclusions regarding cumulative traffic impacts in the certified EIR.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the findings in the certified EIR as a significant and unavoidable cumulative impact.
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3.13 - Utilities
This section evaluates whether the impacts of the proposed modified project on utilities and service systems require a subsequent EIR pursuant to CEQA Guidelines Section 15162. This section was prepared in part using information from the certified Amberwood Specific Plan EIR and Selma General Plan EIR.

3.13.1 - SETTING
This section discusses the affected environment and regulatory setting pertaining to water, wastewater treatment, storm drainage facilities, and waste facilities. With respect to Utilities and Service Systems, the proposed modified project would not result in any changes to the setting considered in the certified EIR, and similar to the approved project, the proposed modified project would have a significant and unavoidable impact on utilities and services.

The proposed modified project is a similar type of development as the approved project; therefore, potential impacts to utilities and service systems are similar to those previously identified in the certified EIR.

3.13.2 - IMPACT ANALYSIS
This section evaluates the potential for the proposed modified project to result in new or substantially more severe significant impacts related to utilities not previously identified in the certified EIR for the approved project. The following provides an analysis of the potential impacts related to utilities and service systems that were identified in the certified EIR as potentially significant impacts. The analysis below addresses the questions as stated in the CEQA Checklist.

Project Impact
Would the project:
• Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?
• Would the project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?
• Would the project require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?
• Would the project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? • Would the project 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? 238
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• Would the project be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?
• Would the project comply with federal, state, and local statutes and regulations related to solid waste?
The certified EIR concluded that the approved project will place additional significant demands on the electrical grid in the Selma area. In addition, other utilities, including natural gas, telephone, and cable television facilities could also be significantly impacted by the project.

Service systems, including potable water services, wastewater treatment services, and storm drainage systems, will also be impacted by the approved project. In addition, the project will also generate a significant amount of solid waste that must be disposed of in area landfills.

Additionally, the certified EIR concluded that due to the sheer magnitude and size of the project, and the assumed 8,953 projected population, there are no mitigation measures available that can mitigate these significant impacts to a level of insignificance.

The proposed modified project would be located within the original footprint of the approved project. California building codes Title 24 requires all new residential construction to include a PV solar electrical system to help offset electrical demand on the utility grid.

This use of a renewable electrical energy system would actually decrease impacts of the proposed modified project to less than significant levels. However, the significant and unavoidable impacts determination of the approved project remains the same with regard to the utilities evaluated in the certified EIR.

The proposed modified project would generate solid waste during construction and operation similar to that analyzed in the certified EIR. Common construction waste may include metals, masonry, plastic pipes, rocks, dirt, cardboard, or green waste related to land development. SB 1383 requires Fresno County to attain waste diversion goals that include:
• Reducing organic waste: Reducing the amount of organic waste disposed of by 75 percent by 2025.
• Recovering surplus food: Recovering at least 20 percent of surplus food that would otherwise be thrown away by 2025.
• Reducing short-lived climate pollution: Reducing short-lived climate pollution emissions by at least 40 percent by 2030.
• Expanding recycling programs: Expanding the Beverage Container Recycling Program to include wine and distilled spirit containers, and expanding the Covered Electronic Waste Program to include most battery-embedded products.

The proposed modified project would be required to comply with all federal, state, and local statutes and regulations related to the handling and disposal of solid waste. Therefore, the proposed modified project as described, would be in compliance with federal, State, and local management and reduction statutes and regulations related to solid waste recycling and 239
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disposal. As a result, the modified project would not create a new or more severe significant impact on public services than the approved project analyzed in the certified EIR.

With respect to the above-described public utility evaluation standards, there are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects. In addition, no substantial changes have occurred with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or a substantial increase in the severity of impacts related to the above-described public utility evaluation standards. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such public utility impact evaluation, has been identified.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of significant and unavoidable.

Cumulative Impact
The certified EIR concluded that the impacts of the approved project when combined with the impacts of past, present, and reasonably foreseeable projects, would create a cumulatively substantial adverse effect on public utilities.

As noted above, compliance with Title 24 and SB 1383 regulations will reduce the modified project’s impacts related to energy demand and increase waste diversion and recycling requirements to further reduce impacts on utility facilities. Therefore, based solely on this element of the proposed modified project’s impact, the modified project is making a reduced 240
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contribution to any cumulatively considerable net increase in energy usage and a reduction in municipal waste output.

For these reasons, the proposed modifications to the project would not result in new or substantially more severe significant impacts than those disclosed in the certified EIR. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, relevant to such public utility impact evaluation, has been identified. Therefore, with respect to this criterion, the modified project would not result in any new significant impacts not already analyzed in the certified EIR, and the modified project would not increase the severity of a cumulatively significant impact as previously identified and analyzed in the certified EIR.

MITIGATION MEASURES
No new or revised mitigation measures are required beyond those included in the previously certified EIR.

LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed modifications to the project do not change the finding in the certified EIR of cumulatively significant and unavoidable.
241
Irreversible Changes and Unavoidable Impacts
Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 4-1

IRREVERSIBLE CHANGES AND UNAVOIDABLE IMPACTS
Section 15126.2(c) of the CEQA Guidelines defines an irreversible impact as an impact that uses nonrenewable resources during the initial and continued phases of the approved project and the proposed modified project. Irreversible impacts can also result from damage caused by environmental accidents associated with the project. Additionally, irretrievable commitments of resources should be evaluated to ensure that such consumption is justified.

4.1 - Significant Environmental Impacts which Cannot be Avoided The development and subsequent buildout of the approved and modified project will result in several impacts to the environment that cannot be avoided, and which will remain significant and unavoidable impacts. These are outlined below as follows:
• Conversion of approximately 690.7 acres of prime agricultural land to urban uses. • Traffic noise impacts to off-site sensitive land uses (residences, churches, schools, etc.).
• Air quality impacts during the operation of the project from ROG, NOx, and PM10 generation, which will contribute to cumulative air quality health effects for area residents from ozone and particulate matter (PM10 and PM2.5). • Traffic impacts to LOS at specified key intersections from project-generated traffic and residual significant and unavoidable impacts to the Floral Avenue Railroad crossing.
• Hydrology impacts due to stormwater runoff and pumping of groundwater for potable drinking water, and landscaping irrigation water uses, which will contribute to the cumulative groundwater overdraft conditions within the Consolidated Irrigation District Service Area.
• Impacts to the Selma Unified School District from new students living within the project area and the need for a new elementary school.
• Additional significant demands for electricity and natural gas utilities. • Population and Housing. The project could increase the population in the City of Selma by approximately 8,953 persons at full buildout, and result in the construction of up to 2,558 new dwelling units.
• Generation of significant amounts of solid waste.

Regarding the above-outlined significant and unavoidable impacts related to the approved project, the permanent loss of prime agricultural land, additional significant traffic, air quality impacts, and significant demand for groundwater resources are most notable. There is only a fixed number of acres of prime agricultural lands in the State, and once these prime farmlands are converted to urban uses, they cannot be replaced. There are no feasible mitigation measures to impose that would reduce the modified project impacts to a less than significant level.

Regarding water availability, the State is limited in the total amount of water resources available for agricultural and urban uses. The modified project development will require 242
Irreversible Changes and Unavoidable Impacts
Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 4-2
potable water for daily needs and for irrigation of landscaping. However, it is also noted that the proposed modified project will no longer develop two private lakes but rather a dual-use ponding basin to handle stormwater retention. In addition, the proposed modified project also incorporates water efficiency through the use of low-flow faucets and toilets, drip irrigation, and the use of native, drought-tolerant landscaping, thereby reducing the impacts on groundwater supplies. Although these changes in the modified project result in a reduction in project-level impacts related to water resources, they will result in significant impacts to the environment that cannot be avoided and that remain significant and unavoidable impacts.

Air quality is also considered a significant unavoidable impact. Most of the unavoidable air quality impacts will be from the additional motor vehicles traveling to and from the project site on a daily basis, which will further degrade air quality in the SJVAB. The proposed modified project would be located within the original footprint of the approved project and would also contribute to ozone and carbon monoxide concentrations. However, as previously noted, Title 13 imposes construction equipment idling restrictions that would reduce emissions of criteria pollutants and GHG emissions during construction of the modified project. With recent changes in California building code Title 24, all new residential construction will include a PV solar electrical system that will provide an emissions-free source of electricity, thus offsetting GHG emissions that would be generated from facilities producing electricity from nonrenewable resources (e.g., coal or natural gas). This use of a renewable electrical energy system would actually decrease the GHG impacts of the proposed modified project.

The proposed modified project would generate solid waste during construction and operation, similar to that analyzed in the certified EIR. The proposed modified project would be required to comply with all federal, State, and local statutes and regulations related to the handling and disposal of solid waste, including SB 1383, which requires the diversion of 75 percent organic waste and 20 percent surplus food by 2025 and short-lived climate pollution emissions by at least 40 percent by 2030. However, the proposed modifications to the project do not change the finding in the certified EIR of significant and unavoidable.

Regarding traffic impacts, the approved and modified project will impact State of California facilities, primarily the State interchanges located at State Route 99 and Floral Avenue, Highland Avenue, Second Avenue, Manning Avenue, and Mountain View Avenue. Some impacts to County roadways and County intersections may also occur. The proposed modifications to the project do not change the finding in the certified EIR related to vehicle traffic causing a substantial increase in traffic of a street system and exceeding a level of service standard. The modified project will result in significant impacts to the environment that cannot be avoided, and that remain significant and unavoidable impacts.

Regarding the demands for electricity and natural gas utilities, the proposed modified project would comply with Title 24 by including a PV solar electrical system to help offset electrical demand on the utility grid. This use of a renewable electrical energy system would actually decrease the proposed modified project's impacts to less than significant levels. 243
Irreversible Changes and Unavoidable Impacts
Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 4-3
However, the significant and unavoidable impacts determination of the approved project remains the same with regard to the utilities evaluated in the certified EIR.

The modified project could increase the population in the City and could also induce other new development adjacent to and in the vicinity of the project site. The impacts would directly induce substantial population growth that would be significant and unavoidable.

There are no feasible mitigation measures for project-level impacts related to population and housing identified in the certified EIR. The modified project will result in significant impacts to the environment that cannot be avoided, and that remain significant and unavoidable impacts.

After accounting for planned and approved projects, additional dwelling units (ADU) projections, and capacity on vacant sites, Selma does not have adequate sites to meet its 6th cycle RHNA with a shortfall of 816 units. The modified project will help alleviate the lack of housing opportunities and meet current RHNA goals. However, the modified project will result in significant impacts to the environment that cannot be avoided and that remain significant and unavoidable impacts.

4.2 - Significant Irreversible Environmental Changes
The development and subsequent buildout of the approved and modified project will result in several impacts to the environment that cannot be avoided, and which will remain significant and unavoidable impacts. These are outlined below as follows:
• Conversion of prime farmland to urban uses.
• Increased local air pollution and degraded air quality, primarily from motor vehicles. • Increases in ambient noise levels in the project area, primarily from increased traffic. • Furtherance of the overdraft of the underground aquifer.

The most notable irreversible environmental change will be the conversion of prime farmland to urban uses. Once converted, this prime farmland will be lost forever and cannot be replaced. There is only a finite amount of prime farmland located within Fresno County, which is the top agricultural producing County in the United States.

Air quality is also considered a significant unavoidable impact. As previously noted, Title 13 imposes construction equipment idling restrictions that would reduce emissions of criteria pollutants and GHG emissions during construction of the modified project. With recent changes in California building code Title 24, all new residential construction will include a PV solar electrical system that will provide an emissions-free source of electricity, thus offsetting GHG emissions that would be generated from facilities producing electricity from 244
Irreversible Changes and Unavoidable Impacts
Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 4-4
nonrenewable resources (e.g., coal or natural gas). This use of a renewable electrical energy system would actually decrease the GHG impacts of the proposed modified project.

The significant amount of vehicle traffic generated by the Amberwood Project on a daily basis will result in further degradation of local Air Quality. This will result in increased levels of ozone and particulate matter in the SJVAPCD monitoring area. Although the use of public transit facilities could reduce air pollution from motor vehicles, the levels of air pollution from vehicles will still be significant and cannot be avoided.

Increased levels of noise, primarily from additional motor vehicle traffic, will permanently increase the ambient noise levels for offsite transportation corridors, such as Floral Avenue and Dinuba Avenue, thereby exposing existing homes located adjacent to these corridors to increases in traffic noise. This increase in ambient noise levels will be permanent and irreversible. Noise walls within existing developed areas have been determined to be infeasible.

The increased potable water demand from the development of the project will be permanent, and no new water sources are available to replace or increase the amount of groundwater available within the Consolidated Irrigation District Service Area. Regarding water availability, the State is limited in the total amount of water resources available for agricultural and urban uses. The modified project development will require potable water for daily needs and for irrigation of landscaping. However, it is also noted that the proposed modified project will develop a dual-use ponding basin. The wastewater treatment facility will continue to treat water to meet Title 22 requirements and water quality standards and will be used for irrigation. In addition, the proposed modified project also incorporates water efficiency through the use of low-flow faucets and toilets, drip irrigation, and the use of native, drought-tolerant landscaping, thereby reducing the impacts to groundwater supplies. 245
Growth-Inducing Project Impacts
Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 5-1

GROWTH-INDUCING PROJECT IMPACTS
The Amberwood Specific Plan and the Selma General Plan Update recognize that certain forms of growth are beneficial, both economically and socially. Section 15126.2(d) of the CEQA Guidelines states the following regarding growth-inducing impacts: “A project is identified as growth-inducing if it “would foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment.”
Growth inducement can be a result of new developments that require an increase in employment levels, remove barriers to development, or provide resources that lead to secondary growth. With respect to employment, the approved project and the modified project would not induce substantial growth. Similar to the approved project, the modified project would be expected to be hired from the local community. It is anticipated that the construction workforce would commute to the project site each day from local communities.

Construction staff not drawn from the local labor pool would stay in nearby hotels. However, construction is a temporary activity and would not generate long-term housing needs for these workers. There are no other aspects of the modified Project (such as the creation of oversized utility lines, etc.) that would induce further growth in the area.

The proposed modified project is the establishment of a residential development that is being proposed in response to the demand for housing in the area and to help alleviate a shortage in housing. The City is working to meet RHNA and the 2023-2031 Housing Element to provide up to 1,492 units, currently has a shortfall of 816 units. The modified project will help alleviate the lack of housing opportunities and meet current RHNA goals. There are no changes proposed by the project modifications that involve new significant environmental effects or a substantial increase in the severity of previously identified effects. Thus, as has been upheld in the courts, this level of analysis provided in this Addendum to the certified EIR is adequate to inform the public and decision-makers of the growth-inducing impacts of the modified project.
246

Addendum to the certified Amberwood Specific Plan EIR January 2025 City of Selma Page 6-1

LIST OF PREPARERS
Lead Agency
City of Selma Department
• Jerome Keene – Deputy City Manager
• Kamara Biawogi – City Planner
Project Proponent
Lennar Homes of California– Walter Diamond
Technical Assistance
Environmental Consultant
QK
5080 California Avenue, Suite 220
Bakersfield, CA 93309
• Jaymie Brauer, Principal Planner
• Christopher Mynk, AICP, ENV SP, Principal Planner
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CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: February 3, 2025
ITEM NO: 4-1
SUBJECT: Mid Valley Disposal Contract Discussion Relating to Alley and Curbside Service and Other Potential Contractual Matters
BACKGROUND: At the January 21st City Council meeting, City staff was asked to bring options to the Council that would reverse the transition from curbside pickup and back to alley trash pickup for roughly 1,300 homes in Selma.

DISCUSSION: Effective July 1st, 2024, the City of Selma entered into a new contract for waste hauling with Mid Valley Disposal. After the roll-out of services by Mid Valley Disposal, a transition of approximately 1,300 homes from alley-service was implemented. The primary factors for this transition were safety concerns relating to existing utility infrastructure in the alleys (phone lines, power lines, sewer lines, etc.); potential for pedestrian collisions in alleys – particularly when garbage trucks had to back out of alleys; and the deterioration of the pavement in alleys due to the heavy load caused by the garbage trucks. For example, during the first quarter of 2024, City staff received three calls about downed, low-hanging communication lines struck by the previous hauler, Waste Management. Throughout the transition process, the City Engineer had begun the process of designing upgrades to existing alleys based on the attached alley map showing the condition of the pavement in City alleys, as well as depth of existing sewer lines, and low hanging utility lines. During this design process, it became clear that infrastructure such as communication lines and shallow sewer lines located in the alleys were not sustainable based on new truck heights and weight limits.

Mid-Valley Disposal has provided the City with their safety criteria regarding minimum height clearances, width clearances and maximum load weights allowed for safe, productive pickup and hauling. With this information, the City and Mid Valley Disposal staff have begun to look at all alley pickup customers previously serviced and have evaluated the current conditions and accessibility for each of these alleys as requested by the Council, based on current condition and safety.

The City Engineer has completed an assessment of all City-maintained alleys and has created the alley maintenance program (attached). This was completed with the intention of addressing the needed repairs on a worst-to-best condition basis. Currently, the city has completed 90% drawings for the first alley phase to be put out for bid. This will be a complete reconstruction project and will require added storm drain infrastructure to allow proper flow to the street at either end of the alley. The project includes six (6) standard alley lengths, totaling almost 2,000 feet. The estimated cost for this project is $917,500.00. This estimate assumes a cost of $470 per linear foot of a twenty (20’) wide alley. 248
FISCAL IMPACT: There is no current fiscal impact. However, based on further potential deterioration of City-maintained alleys due to heavy loads caused by garbage collection activities, a significant amount of funding may need to be allocated by the City Council to address the pavement condition.

RECOMMENDATION: Staff will take direction from the City Council based on further discussion and action regarding this matter.
_________/s/________________________________ _2/3/2025_____________ Michael Honn Public Works Director Date
_________/s/________________________________ _2/3/2025_____________ Fernando Santillan, City Manager Date
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CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: February 3, 2025
__________________________________________________________________________ ITEM NO: 4-2
SUBJECT: Downtown Strategic Plan Implementation - Theme Presentation ______________________________________________________________________________ BACKGROUND: The City Council has declared the revitalization of Downtown Selma as a strategic priority. Efforts have included physical improvements, business attraction initiatives such as the creation of the Downtown Business Improvement District (BID), and funding allocations for a storefront improvement grant.

Additionally, significant milestones include the recent approval of the Downtown Strategic Plan and the award of Caltrans funding for gateway improvements leading into downtown.

The Downtown Strategic Plan efforts were accompanied by extensive community outreach to ensure alignment with community preferences and expectations. This groundwork has positioned the city to advance key improvements that will enhance the downtown area.

DISCUSSION: The Downtown Strategic Plan outlines seven (7) strategies for downtown Selma:

1. Downtown Core Streetscape Plan

2. 2nd Street Gateway

3. More Food and Beverage Options

4. Safer Streets and Intersections

5. Union Pacific (UP) Right-of-Way Activation

6. Lincoln Park Playscape

7. New Development
Of these, the Downtown Core Streetscape Plan and 2nd Street Gateway have been identified as immediate priority projects. To identify next steps for these two initiatives, staff have conducted a thorough analysis of the inventory of downtown assets and will present theme recommendations for Downtown Selma. The selected theme will:
• Finalize architectural design standards, such as but limited to, style, color, treatments, windows, for future development.
• Guide aesthetic decisions for lighting, furniture, and tree options. • Create a unified visual identity for downtown that reflects the community's cultural and artistic heritage.

The theme will play a pivotal role in setting the tone for the Downtown Core Streetscape Plan and the 2nd Street Gateway, ensuring that both projects align with the broader vision for downtown.

As part of the streetscape, the café lights and speakers to be installed downtown will further enhance the High Street corridor. Although temporary solutions have been proposed, 251
engineering is required due to the minimum height needed for poles to comply with the American with Disabilities Act (ADA) and the California Building Code (CBC).

Furthermore, the project is considered a “public works” job and would be required to comply with Department of Industrial Relations (DIR) requirements and be bid as a prevailing wage project. Lastly, the project will likely require publication and solicitation of bids due to the cost exceeding $25,000, pursuant to the City’s Purchasing Policy. These factors limit staff’s ability to construct the project within a 60-day timeframe. But a timeframe of approximately 120 days is more feasible considering the prerequisites that must be completed in accordance with local, state and federal laws.

FISCAL IMPACT: The City Council has budgeted $60,000 for this project. Consolidating the installation of poles, lights, and speakers into a single engineered solution will help the project stay within this budget while ensuring a durable and efficient design. Engineering will be required to achieve this cost-effective approach.
______________________________________________________________________________ RECOMMENDATION: Staff recommend that the City Council approve a theme for Downtown Selma to guide aesthetic and design standards. Provide recommendations on preferred light designs to ensure consistency with the selected theme. ______________________________________________________________________________

____________/s/____________________ 2/3/25
Alicia Aguirre, Economic Development Manager Date
____________/s/___________________ 2/3/25
Jerome Keene, Deputy City Manager Date
____________/s/___________________ 2/3/25
Fernando Santillan, City Manager Date
Attachments:

1. Resolution

2. Powerpoint Presentation
252
RESOLUTION NO. 2025 – __R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA ADOPTING THE DOWNTOWN ARTS DISTRICT THEME
WHEREAS, the City of Selma has conducted a Downtown Strategic Plan that identifies a cohesive theme as a key element of downtown revitalization; and WHEREAS, City staff have assessed downtown assets, including the Selma Arts Center, public murals, dance studios, and vibrant community events, which reflect the area’s existing strengths in arts and culture; and
WHEREAS, the Cultural Arts District theme aligns with the City’s goals to position downtown Selma as a destination for residents and visitors by celebrating creativity, diversity, and cultural vibrancy; and
WHEREAS, the adoption of the Cultural Arts District theme formalizes a vision that leverages existing assets while guiding future development, marketing, and aesthetic improvements in downtown; and
WHEREAS, the City Council recognizes the importance of incorporating public feedback and strategic investments to support the successful implementation of the Cultural Arts District; and WHEREAS, this theme reflects Selma’s unique identity and serves as a catalyst for economic development and community engagement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

SECTION 1. The City Council formally adopts the Cultural Arts District as the official theme for Downtown Selma.

SECTION 2. The above findings are true and correct and are incorporated herein by reference.

SECTION 3. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 4. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
253
PASSED, APPROVED and ADOPTED this 3RD day of January, 2025, by the following vote:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

____________________________
Scott Robertson, Mayor

ATTEST:

______________________________
Mary J. Vanegas, Deputy City Clerk
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Downtown Selma
255
AGENDA
Key Findings
Theme Assesment
01 02
Selection of Trees
Lighting
03 04

SETTING THE STAGE
256
• Downtown Core Streetscape Plan
• 2nd Street Gateway
• More Food and Beverage Options
• Union Pacific Right of Way Activation
• Safer Streets and Intersections
• Lincoln Park Playscape
• New Mixed-Use Development
Downtown Strategic Plan
We Adopted a Downtown Strategic Plan....

Now What?
257
Community Events
Current Downtown Assets
Key Downtown Business Corridor
Public Art and Murals
• Raisin Festival
• Car Show & BBQ Throwdown
• Band Festival
• Grinchmas & Santa’s Arrival
• Downtown BID Food Truck Events
• Service businesses, i.e., financial services, pharmacies. • Creative Enterprises like Dance Studios, Selma Arts Center • Local Restaurants and Cafes
• Selma’s Historical Mural (2010)
• No Separations - The Lotus and the Dove (2014)
• La Boca Immigration Cityscape (2015)
• Cho Family Mural (2015)
• Children Dream (2016).
258
Findings
• Synergy in Downtown= A hub for creative expression
• A Destination in the Marketing
• Downtown Selma’s unique combination of events, public art, and creative businesses fosters a vibrant atmosphere where culture and community come together.
• By building on the existing synergy of events, businesses, and public art, we can position downtown as a natural gathering place.
• By creating “experience-driven destinations” Selma can stay competitive with other cities by offering a unique experience centered on creativity and culture.
• This vision isn’t about creating something from scratch but rather putting a name to what’s already happening downtown.
259

CULTURAL ARTS DISTRICT
Eureka Cultral Arts District
Redding Cultral Arts District
• The Cultural Arts District theme builds on downtown Selma’s existing creative assets, providing a practical and visually engaging direction that positions downtown for future growth and community engagement.
• This theme facilitates and encourages Live Shows, Live Music, and More Murals. 260
Other Considerations
• Old Town Historic Theme: Why Not?
• Downtown Selma is undeniably historic, home to many of the city’s oldest businesses and the heart of its commerce. However, making "historic" the central theme:
• Limits Visual Impact as it does not inherently guide aesthetics or create a distinctive look.
• Lacks Originality as it is already used by neighboring cities, offering no unique advantage to Selma.

Suggestion: We can still honor downtown’s history with targeted elements, like a monumental podium history walk while adopting a theme that reflects our assets and positions downtown Selma as a destination.
261
Other Considerations
• Railroad District Theme: Why Not?
• The railroad, while adjacent to downtown, does not directly support downtown commerce or passenger transit.
• Centering downtown's identity around the railroad lacks a clear connection to its future growth and economic goals.

Suggestion: Railroad right-of-way improvements remain a priority but do not define the downtown's core identity.
262

OLD TOWN HISTORIC RAILROAD DISTRICT
263
Practical Steps Before the Sprint
Tree Replacement Challenges:
• The previous trees caused significant sidewalk damage, creating safety hazards and making areas non-ADA compliant.
• Replacing damaged sidewalks was costly, and continuing with the same tree varieties risks repeating this cycle.
• A sustainable solution requires choosing tree varieties that minimize root damage while still enhancing downtown.
264
Practical Steps Before the Sprint
Why not just plant trees now? Why did we wait for the strategic plan? • Before planting, we want to engage the community to understand preferences and explore how trees can enhance downtown as a destination. • The strategic plan helped explore solutions to the mere fact that the existing irrigation systems are insufficient to support healthy tree growth. Improving irrigation ensures trees thrive and grow into the shade canopy downtown deserves.
265
Practical Steps Before the Sprint
(Conitnued)
Next Step:
• Select tree varieties that support a thriving canopy while protecting sidewalks.

The City consulted with an arborist to get recommendations for trees that would be a solid choice for the downtown.

Trees considered

1. Crape Myrtles: Low maintenance if pruned properly; different colors & sizes.

2.Chinese Pistache: Male grafted varieties avoid messy seeds.

3.Chinese Elms: (Require deep root barriers; manageable with systemic insecticide.)

4.Purple Smoke Tree: (Smaller ornamental tree, no real shade canopy)

5.Jacaranda: (Very colorful but sensitive to severe cold snaps.) 266
Crape Myrtle
Feature 'Natchez' 'Tuscarora' 'Muskogee'
Bloom
Color Pure white Coral
-pink Light lavender
Height 30 feet 20-25 feet 25-30 feet
Canopy
Shape
Spreading,
vase-shaped
Rounded,
upright
Broad, rounded
Bark Cinnamon
-
brown
Smooth tan
Smooth pale
gray
Fall Color Orange-red
Red to
orange
Orange-red
Use Large focal
points
Medium
landscapes
Large
gardens/parks
267
Feature 'Natchez' 'Tuscarora' 'Muskogee'
Height 30 feet 20-25 feet 25-30 feet
Canopy Shape Spreading, vase-shaped Rounded, upright Broad, rounded Crape Myrtle- Natchez Crape Myrtle
268 - Tuscarora Crape Myrtle- Muskogee
Crape Myrtle- Natchez Crape Myrtle- Tuscarora Crape Myrtle- Muskogee Recommendatio
n
Statement Trees Along
High Street
Trees in the downtown
proper and gateway
(2nd Street)
269
Other Trees Considered
270
Chinese Pistache
Characteristic Details
Height 30-40 feet
Spread 25-35 feet
Growth Rate Moderate
Shape/Form Upright, oval to rounded canopy
Leaves
Pinnately compound, dark green during growing
season; brilliant red to orange in fall
Bark Grayish-brown, becomes fissured with age
Drought
Tolerance High; very water-wise once established
Disease
Resistance
Highly resistant to pests and diseases
Best Use Shade tree, street tree, residential and urban landscapes 271
Chinese Pistache
The leaves of the Chinese Pistache 'Keith Davey' are green during the growing season (spring and summer). They turn a brilliant red to orange in the fall, 272
Chinese Elm
Feature 'Allee' 'Drake' 'True Green'
Growth Habit Vase
-shaped,
upright
Upright,
spreading
Compact,
rounded
Height 50-70 feet 35-45 feet 30-40 feet
Bark
Highly
mottled,
colorful
Smoother,
tan-gray
Smooth, less
mottled
Leaf Texture Leathery
Smaller,
serrated
Glossy, soft
Use
Large spaces,
allees
Medium
landscapes
Smaller
yards,
ornamental
273
Chinese Elm- Allee Chinese Elm- Drake Chinese Elm- True Green Feature 'Allee' 'Drake' 'True Green'
Growth Habit Vase-shaped,
upright Upright, spreading Compact, rounded
Height 50-70 feet 35-45 feet 30-40 feet
Require deep root
barriers; (manageable
with systemic
insecticide.)
274
Other Trees Considered- BUT NOT RECOMMENDED
275
Purple Smoke Trees
The tree is a smaller ornamental
variety and does not provide a
significant shade canopy.

Jacaranda
The tree is sensitive to extreme
cold snaps and may be affected by
276
severe drops in temperature.
277
• Council has made it a priority to install café lights along High Street to enhance the aesthetics and bring some pizazz to the block.
• Speakers to further enhance the experience downtown have been budgeted for in the current fiscal year to accompany café lights ($60,000). • Installation of these items requires some engineering design to ensure nonduplicative work and preserve the safety of patrons within the area. • Engineering required for structures over 6’-0’’ in height, pursuant to the California Building Code, which would likely eliminate temporary solutions, such as wine barrels or buckets, that have been presented to expedite installation. • Given the height required (20’-0’’) and anticipated weight of the equipment (~35 pounds), it is not prudent to use more temporary features due to the investment needed to properly secure the base along with increased liability in case of failure
Lighting and Speakers Overview
278
Examples of Cafe Lighting Installation
Brewery District, Fresno Higuera Street Farmers Market, SLO Salem, Ohio Sioux Falls, South Dakota
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• It is feasible to have an engineered design and bid package ready to allow construction of the poles, or other structure, to mount the café lighting with speakers within 30-60 days.
• The engineering design would take into account existing features to reduce costs as well as include appropriate engineering in compliance with the CBC. • Reuse of prior tree wells is potentially feasible for pole bases to reduce saw cuts. • Conduit and electrical may be laid within brick areas, again reducing saw-cutting, and allowing for expansion beyond High Street if installed properly. • The bid process typically takes 14 to 21 days, with the bid opening occurring at the end of the bid period.
• Once bids are reviewed, they would be presented to the Council at the next regular meeting for award. Depending on timing, the next regular Council meeting is usually 7 to 14 days away from any point in time.
• Once awarded, work could begin within 15 to 30 days following award. • If construction is 14 days, it is reasonable to estimate the timeframe for completion of the café and speakers project on High Street in approximately 125 days.

Lighting and Speakers Construction Timeline
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CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: February 3, 2025
ITEM NO: 4-3
SUBJECT: Consideration and Necessary Action on Proposed Provisions or Amendments to the Handbook of Rules and Procedures for the Selma City Council (“Handbook”) and Elimination of Warning Relating to Disruptive Conduct Appearing as the First Paragraph of the Agenda for City Council Meetings.

DISCUSSION: The City Council may consider and adopt by minute order, as appropriate, the following changes to the text of the Handbook. In summary, the changes (1) create an orderly, more inclusive process for the development of meeting agendas; (2) provide opportunities to the public to present oral communications to the Council at the beginning and end of each regular meeting; and, (3) eliminate language describing disruptive conduct to exclude conduct that is protected by the Constitutional right of free speech under the federal constitution. Staff recommends removal of the warning that approves as the first paragraph of the meeting agenda relating to meeting disruption.

BACKGROUND: Council has requested revisions to the Handbook of Rules and Procedures of the Selma City Council adopted June 19, 2023, to clarify, primarily, what conduct of members of the public is prohibited at meetings, and adding provisions relating to the development of and who may request items to be added to or deleted from the agenda prior to the posting of the agenda. The Handbook is attached to this staff report. The proposed changes to provisions within that handbook are as follows:

1. At Item L of the Handbook, in Chapter 1 thereof, the second and third sentences of that section shall be deleted. The second sentence provides that “no member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Manager”. The third sentence reads “The City Council shall deal with the office of the City Attorney only through the City Attorney, except for purposes of inquiry, and neither the City Council nor any member thereof, should give order [sic] to subordinates of the City Attorney”.

2. At Chapter 1, p. 8, Section E, entitled “Agenda”, the provision shall be completely rewritten to read as follows:
“Prior to each Council meeting, the City Manager with input from Department Heads and the City Attorney shall set the agenda. Any item timely requested for inclusion on the agenda by the City Attorney shall be included on the agenda, subject only to the review, revision and approval of the agenda by the Mayor and Mayor Pro Tem prior to posting or publication. Any item requested for inclusion on the agenda by either the Mayor or two members of the City Council jointly shall be included on the agenda if timely requested, provided the Clerk and City Manager have been given 281
sufficient information and description of the matter to apprise the Council and the public of the nature of the item. In the event the Clerk or City Manager believes an item requested by the Mayor or two members of the City Council should not appear on any given agenda, the item shall be provided to the City Attorney for review and if approved for inclusion on the agenda by the City Attorney, the item shall be included on the agenda. Prior to posting every regular or special meeting agenda will be subject to review, revision and approval by the Mayor and Mayor Pro Tem. Items removed from or not appearing on the agenda may be proposed for inclusion on the agenda by four-fifth vote of the City Council, as appropriate, under the provisions of Government Code §54954.2(b).

3. At p. 10, Chapter 2, Item N the words “ORAL COMMUNICATIONS” shall be inserted above the words “ADJOURN REGULAR MEETING”.

4. At Chapter 2, Item O(1) at p. 10-11 of the Handbook the following shall be inserted as the first full paragraph of Item O(1) entitled Oral Communications:
“There shall be two opportunities at each regular meeting of the City Council for oral communications, one before “SPECIAL PRESENTATIONS” and one before “ADJOURN REGULAR MEETING”.”

4. At Chapter 3, Item A(2) at p. 16 of the Handbook entitled "RULES OF DECORUM FOR THE PUBLIC” the first sentence thereof shall be altered to read as follows:
“Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of threatening or abusive language or other acts which disturb, disrupt or impede or otherwise render the orderly conduct of a City Council meeting infeasible”.

FISCAL IMPACT: None.

RECOMMENDATION: Adopt the foregoing changes to the Handbook by minute order.

Direct that the first paragraph of the agenda for City Council meetings relating to disruptive behavior agendas be removed from future agendas.
//s// 01/29/2025
Neal E. Costanzo, City Attorney Date
ATTACHMENTS:

Handbook of Rules and Procedures for Selma City Council. 282

HANDBOOK OF

RULES AND

PROCEDURES

SELMA CITY

COUNCIL
283

PREFACE
As provided by California Government Code Section 36813, the City Council of the City of Selma established the Handbook of Rules and Procedures contained therein. The Handbook shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended or new rules are adopted in the manner provided herein.

In addition to the Handbook of Rules and Procedures, the City Council has included in this document other information which may be useful to the City Council, administrative staff, and the general public. This document is to be known as “The Handbook of Rules and Procedures of the City Council of the City of Selma.”
Adopted June 19, 2023
Resolution 2023-54R
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285
CHAPTER 1

GENERAL INFORMATION, POWERS AND DUTIES
A. THE CITY OF SELMA
The City of Selma has a City Council/City Manager form of government.

Under this form of government, the elected City Council sets the policies for the operation of the Selma City Government as well as the City. These policies are implemented by staff.

The administrative responsibility of the city rests with the City Manager, who is appointed by the City Council.

B. COUNCIL ELECTIONS
The City Council consists of four members, elected by district, and a Mayor which is appointed at large. Each Council Member serves for four-year staggered terms, without limit. The Mayor serves a two-year term, without limit. Elected Officials serve until his/her successor has been elected and qualified. Elections are held in November of even numbered years.

The City contracts with the County of Fresno to administer municipal elections.

C. VACANCIES
Pursuant to Government Code section 36512, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent.
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D. MAYOR PRO TEMPORE SELECTION
Pursuant to Selma Municipal Code 1-7-1, the office of mayor pro tempore shall be for a two (2) year term. In every even year, on the first regular meeting of the city council in December of such year, or as soon thereafter as practicable upon the certification of election results from the general municipal election by the Fresno County registrar of voters for such year, whichever occurs later, the city council shall select one of its members as mayor pro tempore.

The mayor pro tempore position shall be held by the city council member receiving a majority vote of the city council. Any city council person may nominate, and if seconded, the city council shall vote on the selection of one of its members as mayor pro tempore. Any member of the city council may vote for himself or herself to occupy the position of mayor pro tempore. In the event the person selected as mayor pro tempore shall die, resign, or cease to serve as a council member, a different council member shall be selected in the same manner to fill the unexpired term of his or her predecessor.

E. COMPENSATION AND BENEFITS
The Selma Municipal Code provides that Council Members, including the Mayor, receive $300/month paid biweekly through regular City payroll. At their option, they can participate in the city’s health insurance program, in the same manner as regular employees. Additionally, the Mayor receives a $30/month cell phone stipend, and all Council Members, including the Mayor, receive a laptop or Surface Pro during their term. Expenses for city related business (i.e. meetings, conference attendance, League division dinners, etc.) are covered by the City pursuant to the Council Travel Policy.

F. CITY CLERK
Pursuant to Selma Municipal Code section 1-8-1, the City Clerk shall be the head of the office of the City Clerk. The City Clerk shall be appointed by the City Manager and shall, under the direction and supervision of the City Manager, plan, organize, direct and supervise the activities and staff of the City Clerk's office.

In addition to the functions, powers, and duties assigned to the City Clerk by the City Manager and other provisions of the Government Code of the State of California, the City Clerk shall:
(A) Keep an accurate record of the proceedings of the City Council in books with appropriate titles and devoted exclusively to such purposes. (B) Maintain the official records of the City Council and City, including, but not limited to, originals, and certified copies of all City ordinances, resolutions, 287
motions, contracts, memorandum of understandings and all official actions of the City.
(C) Be the custodian of the City Seal.
(D) Administer oaths or affirmations and take and certify affidavits and depositions pertaining to City affairs and business which may be used in any court or proceedings in the State.
(E) Perform all functions, powers and duties consistent with this Code, assigned by act of the City Council and as set forth in the general laws of the State.

G. CITY ATTORNEY
Pursuant to Government Code section 36505, the City Council shall appoint the City Attorney. Pursuant to Selma Municipal Code section 1-10-1, the City Attorney shall advise City Officials in all legal matters pertaining to City business; shall frame all ordinances and resolutions required by the Council; and, shall perform other legal services required from time to time by the Council.

In the event that it is deemed necessary by the City Attorney to hire either Special or Conflict Counsel to act in the place of, or in conjunction with, the City Attorney for major and significant projects or litigation, the City Attorney shall bring forth such a recommendation to the City Council for approval at a regular or special meeting and be designated to execute the necessary document to facilitate those contracts.

H. TRIANGLE OF POLICY, PROCESS & PRODUCT
The City Council establishes the Policy—establishing vision and direction for the community’s future.

The City Clerk, in consultation with the City Attorney oversees the Process— ensuring that the decision-making process complies with federal, state, and local regulation and that it is properly recorded.

The City Manager provides the Product—which is the primary reason for the existence of local government: to provide services to the taxpayer that the taxpayers cannot (or will not) provide for themselves.

I. MAYOR AS PRESIDING OFFICER AND DUTIES THERETO
The Mayor shall be recognized as the official head of the City of Selma for all ceremonial purposes and by the Governor for military purposes. In the time of public danger or emergency, the Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws. The Mayor shall act as 288
the Presiding Officer at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the City Council. The Mayor may move, second, and debate from the Chair, subject to such limitations of debate as are imposed on all Council Members by these rules and shall not be deprived of any of the rights and privileges of a Council Member as such Presiding Officer. The Mayor shall possess no veto power.

The Mayor shall preserve strict order and decorum of Council meetings at all times. The Mayor may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: The length of time persons may speak; require that, if desirable, a spokesperson address the Council on behalf of a group of persons; and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents. The Mayor shall state each item coming before the City Council, and shall upon conclusion of said presentation related thereto call for the vote. Following the vote, the Mayor shall announce the results of the vote. The Mayor is eligible to vote on all motions, and shall direct the order of participation of Council Members. The Mayor shall, in all instances, have the last chance to speak. The Mayor shall sign all ordinances and resolutions adopted by the City Council during the Mayor’s presence. The Mayor shall sign all agreements and/or contracts, except where otherwise instructed or set forth by policy.

J. MAYOR PRO TEMPORE
In the absence of the Mayor, the Mayor Pro Tempore shall possess and perform the power and duties of the Mayor. In that capacity, the Mayor Pro Tempore shall sign ordinances and resolutions adopted in his/her presence. The Mayor Pro Tempore shall also sign all agreements and/or contracts, except where otherwise instructed or set forth by policy.

K. RULES OF PROCEDURES
The City Council shall determine its own rules of procedures and amend them from time to time, or adopt new rules as it deems necessary.

Simple Parliamentary Decorum shall govern meetings. The Mayor shall ask for a motion and a second prior to calling for a voice vote (i.e. ayes, nays, abstentions) absent an electronic voting device. In the instance of a vote on an ordinance or resolution the Mayor, absent an electronic voting device, shall ask the Clerk to poll the Council, beginning with the member who motioned, then the member who seconded and left to right thereafter, with the Mayor being polled last.

The Mayor has the right to direct the Clerk to poll the Council on any matter.

Amendment to, or adoption of, new City Council Rules shall be accomplished by majority vote of the Council.
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Any Council Member may move the Mayor to enforce the rules and a majority vote of the City Council shall require the Mayor to so act. The Council may at any time by majority vote, set aside these policies for purposes of any agenda item.

L. INTERFERENCE IN STAFF FUNCTIONS
The City Council shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry , and neither the City Council nor any member thereof, shall give orders to subordinates of the City Manager.

No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Manager.

The City Council shall deal with the Office of the City Attorney only through the City Attorney, except for the purpose of inquiry, and neither the City Council nor any member thereof, should give order to subordinates of the City Attorney.

M. COUNCIL VOTING
A majority, also known as a simple majority, is a subset of a group that is more than half of the entire group (ex. 50% plus 1 of the members present at a given meeting.)
A two-thirds majority means that two-thirds of the members present or more must agree to the proposition. Four of a five member Council present or three of a four member Council present, constitutes a two-thirds majority. 290
CHAPTER 2

CITY COUNCIL MEETINGS
A. REGULAR MEETINGS
Regular meetings of the City Council shall be open to the public and held on the first and third Mondays of every month, at the hour of 6:00 p.m. In the event that there is a holiday on a Monday, the regular meeting will automatically be moved to the next day (Tuesday), at the same time. In the event that a Closed Session item or items, as that term is defined in the California Government Code section 54954.5, as amended from time to time, is required, it may be agendized at a time immediately following or prior to 6:00 p.m., depending on the amount of time required for the matter and may be adjourned and/or continued at 6:00 p.m. as noted by the Mayor.

Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeeding day, not a holiday, as if it were a regular meeting.

B. SPECIAL MEETINGS
A special meeting may be ordered at any time by the Mayor or by his/her designee or by a majority of the City Council whenever the public business may require it or upon the request from three members of the City Council. Whenever a special meeting shall be called, notice of such meeting shall be provided pursuant to State law.

C. STUDY SESSIONS
The City Council may meet in a “study session” called as a Special Meeting for the purpose of acquiring information on a particular subject(s). Study sessions shall be open to the public. Study sessions are not public hearings; however, public input will be received. The City Council may not vote or otherwise express consensus, intent, or direction and will not take any final action at a study session, unless the agenda specifically notes such action of a vote, consensus, intent or direction.

D. CLOSED SESSIONS
Consistent with Government Code Section 54954.2 the Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law to consider or hear any matter which is authorized by State law to be heard or considered in closed session.

The general subject matter for consideration shall be expressed in an open meeting before such session is held. After closed session the legislative body must reconvene to open session and is required to disclose any reportable action 291
taken along with the vote, or announce that no reportable actions were taken, if any.

The legislative body in a closed session can consider only matters covered in its agenda descriptions. City Council Members shall keep all written materials and verbal information provided to them on matters that are confidential under law in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials should be made to anyone other than Council Members, City Attorney, or City Manager, unless one of the aforementioned is precluded or a subject thereof.

If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party should be by the designated representative handling the negotiations or litigation. Unless specifically authorized by Council’s action a Council Member should not have any contact or discussions with the other party or its representative(s) involved concerning the negotiation during this time and not communicate any discussion conducted in closed sessions. All public statements, information, press releases, should be handled by the designated representative or spokesperson.

Government Code Section 54963 (a) – (f) outlines the injunctive relief and disciplinary actions that may be imposed on those who divulge confidential closed session discussions, without first receiving authorization from the legislative body.

E. AGENDA
Prior to each council meeting, the City Manager with input from Department Heads and the City Attorney shall set the agenda, reviewing same with the Mayor, if the Mayor so wishes. The City Clerk shall arrange such matters, including all ordinances, resolutions, reports, communications, contracts, documents or other matters as may have been timely provided, for inclusion in the agenda. Prior to agenda posting, any council member may request that the City Manager place a given item on an agenda. The Council Member shall supply the Clerk with sufficient information and description of the matter to apprise the Council and the public of the nature of the item. Upon receipt of such a request, said item shall thereafter be placed on the next available meeting agenda under future items to determine whether there is a consensus from the Council to proceed with a discussion on the requested agenda item at a future meeting .

F. CALL TO ORDER
The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Mayor Pro Tempore. In the absence of the Mayor and 292
Mayor Pro Tempore, the meeting shall be called to order by the most senior Council Member present. This person shall serve as the Council’s presiding officer until the arrival of the Mayor or Mayor Pro Tempore, or until adjournment of the meeting.

G. QUORUM
Three members of the City Council shall constitute a quorum for the transaction of business. A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law, require a greater majority. All ordinances require at least three affirmative votes. All resolutions and all orders for the payment of money require a simple majority of those members present.

H. LACK OF QUORUM
If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned or if no member of the City Council is present, the City Clerk may adjourn the meeting. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced. A copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held.

I. RECOGNITION TO SPEAK, COUNCIL MEMBER
Every Council Member desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine his or her remarks to the item coming before the City Council.

1. Interruptions:

A Council Member, once recognized, may voice concerns, comments or ask staff to provide explanation or clarification of the item before the City Council, without interruption, unless out of order with the rules and procedures established herein and/or the Mayor call the item to order.

2. Public Hearings:

Council Members should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.

J. COUNCIL MEMBERS’ OBLIGATION AFTER ABSENCE
When a Council Member is absent from an earlier meeting at which a matter was discussed, it shall be the duty of that Council Member to become acquainted with the issues discussed by reading the documents presented, reviewing the minutes from the meeting in which that item was discussed, listening to or viewing the 293
taped recording of the meeting missed in order to further participate in future discussions and/or vote on the item.

K. ADJOURNMENT OF MEETING
The Mayor shall adjourn the meeting. In the instance of the lateness of the hour the Mayor may also adjourn the meeting to a date and time specific to continue discussions on either the remainder of the agenda or on a specific item for discussion.

L. AGENDA ITEMS OUT OF ORDER
The Mayor may, with the consent of a majority of the City Council present, modify the order of the agenda at the meeting, if such modifications would promote fluidity in the process and discussions.

M. AUDIO RECORDINGS
All regular meetings (except closed sessions) of the City Council are video recorded with audio; as well as all special meetings, inclusive of, but not limited to study sessions, and budget sessions are recorded. Recordings are in digital format and are to be archived for a minimum of (7) seven years.

N. AGENDA FORMAT FOR REGULAR MEETINGS
The agenda format for the Selma City Council regular meetings may be prepared to include, but not limited to the following categories and/or sub-categories, not necessarily in the order herein reflected. The Mayor upon consensus of the majority of Council present may reorder the agenda to aide in the efficiency of the meeting:

CALL TO ORDER REGULAR SESSION

PLEDGE OF ALLEGIANCE AND INVOCATION

ORAL COMMUNICATIONS

SPECIAL PRESENTATIONS

CONSENT CALENDAR

GENERAL BUSINESS

PUBLIC HEARINGS

DEPARTMENTAL REPORTS

COUNCIL REPORTS/COUNCIL COMMITTEES REPORTS

FUTURE AGENDA ITEMS

ADJOURN REGULAR MEETING
O. COMPONENTS OF REGULAR MEETING
The following sections of a regular meeting agenda shall set forth the guidelines of decorum for each respective section of the agenda:
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1. Oral Communications
This is the time for citizens to comment on subject matters, not on the agenda within the jurisdiction of the Selma City Council. The Council Members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcomed. The Council cannot legally discuss or take official action on citizen request items that are introduced under this section.

This is also the time for citizens to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to general business/city manager items or public hearing items will be heard at the time the item is discussed or at the time the Public Hearing is opened for comment.

In fairness to all who wish to speak, each speaker will be allowed three minutes unless otherwise extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence.

Additionally, there are citizen comments slips at the entrance to Council Chambers for citizens to fill out. If you are able, please fill out a slip and provide to the City Clerk if you would like to make a public comment.

3. Consent Calendar
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

Council Members should make every attempt possible to ask any clarifying questions regarding consent items prior the meeting.

4. Regular Business
Comments related to Regular Business Items are limited to three minutes per speaker unless otherwise extended by the Council.
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P. MINUTES
The City Council utilizes hybrid minutes, a blending of action and/or verbatim minutes and shall be known as “summary minutes” which include the motions made, action taken, and a brief summary of council, staff and/or public comments. The digital video recordings with audio shall serve as the verbatim record.

Minutes may be approved under the Consent Calendar without reading. If, however, a Council Member raises a point of correction to the minutes of a City Council meeting, that correction may be made verbally for the record with Council’s consensus of a majority present, and approved at that meeting in which it is addressed.

Q. LEGISLATIVE PROCEDURES
Generally, legislative proceedings shall be conducted in the following order:

Introduction of the item by the City Manager
Staff presentation
If applicable, Public Hearing opened by Mayor
Public Comments
If applicable, Public Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
Appeal proceedings shall be conducted in the following order:

Introduction of the item by the City Manager
Staff presentation
Hearing opened by Mayor
Appellant’s comments
Public comments
Rebuttal-Appellant comments
Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
R. APPEALS
The filing of an appeal shall have the effect of staying the issuance of any permit or procedure until such time as the matter on appeal is resolved. If there are subsequent items to come before the Council that are subject to the outcome of the appeal, those items shall be listed following the item for appeal on the agenda; the decision of which shall be factored upon the Council’s decision on appeal.
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S. APPOINTMENTS
Appointment to the City Boards, Committees and Commissions shall be made as set forth by those specific boards, or when not set forth, appointments will be made by the Mayor and voted upon by the City Council.

T. ADDRESSING THE CITY COUNCIL

1. Speaker Time
Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit the time for individual comments. When deemed necessary, the Mayor may allocate a longer speaker time, other than what is noted on the agenda, without objection from the City Council.

Each person shall stand at the podium, if one is available, and is asked to state his/her name and provide address of residence for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the Mayor. No question shall be asked of a Council Member or a member of City staff except through the Mayor.

2. One Speaker at a Time
No person, other than the person having the floor, shall be permitted to enter into any discussion without the permission of the Mayor. All discussions shall be through the Mayor, and no question shall be asked of a Council Member or City Staff except through the Mayor. Further, all Council Members should refrain from any side conversations during the meeting.

3. Questions and Comments from the Public
Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Citizen Comments.

4. Addressing the City Council after a Motion is made
No person in the audience may address the City Council after a motion is made without first securing permission from the Mayor to do so. Upon recognition by the Mayor and permission being granted by the City Council, the person so recognized shall confine him/herself to the question under discussion.

U. CONTINUED AGENDA ITEMS
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It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, orally or in writing, as soon as possible prior to the meeting that such a request for continuance will be made.

The City Clerk shall inform the Mayor. The City Council will consider the request for continuance prior to discussing the substance or merits of the agenda item.

The interested parties may speak to the issue of a continuance without forfeiting the right to speak later to the merits of the issue if a majority of the Council agrees. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.

V. PUBLIC HEARING CLOSED
Once a public hearing is closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed through the Mayor.

However, a public hearing may be re-opened by a majority approval by the Council to hear new information.

W. CANCELLATION OF MEETING
If the City Council considers and then decides to cancel a future regularly scheduled or special meeting it should take such action at the earliest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such cancellation shall also be referenced under items of interest on the agenda for the meeting immediately preceding the canceled meeting date. All noticing of the cancelled meeting will be done by the Clerk in accordance to law.

X. COUNCIL REPORTS
Council Reports is the section of the agenda in which the City Council may provide information or updates on meetings/conferences attended, complaints/concerns/praises received from constituents, announce upcoming events, present information of Council/City interest, etc. Items presented under this section cannot be acted upon at the meeting in which it is discussed; however, it may be agendized for a future meeting upon the majority approval of the City Council. Any requests for future agenda items that are not approved by a majority of the City Council will not be considered.
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CHAPTER 3

DECORUM
A. ENFORCEMENT OF DECORUM
The City Manager shall designate the Chief of Police, or his/her designated representative as a sergeant-at-arms when necessary to attend City Council meetings for the purpose of maintaining order and decorum in the City Council Chambers, lobby, or other designated meeting location. Upon instructions from the Mayor, the sergeant-at-arms shall eject any person from the City Council Chambers, in conformance with State law.

B. CONDUCT IN THE CITY COUNCIL CHAMBERS

1. Council Chambers Defined
Council Chambers shall be, in addition to the usual and customary meeting location, any location or facility wherein a majority of the legislative body may meet for an open and public meeting as defined and noticed in accordance with the Brown Act, whether it be a regular meeting, special meeting, joint meeting, closed session or study session.

2. Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, and stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from the meeting per Government Code Section 54954.3(c). Any person who violates these rules engages in such disruptive behavior may be guilty of a misdemeanor. This section does not prohibit any expressions, actions or behavior that are otherwise protected by the First Amendment.

3. Rules of Conduct and Safety
When the City Council is in session, all persons present must preserve safety and order. Members of the public should sit in the seats provided, subject to ADA compliance, unless addressing the Council or entering or leaving the Council Chambers. Members of the public shall not block the aisles or exits in any manner. Members of the public should not bring audible equipment into the Council Chambers, including cellular phones or pagers, without first either turning said equipment off or switching it to a silent mode.
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4. Removal from the Council Chambers
Subject to provisions of Section 2 above, any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Government Code Section 54954.3(c). (a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting; and,
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting; and,
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City Council; and,
(d) Any other unlawful interference with the due and orderly course of said meeting.

5. Cell Phones
In order to minimize interference to audio recording equipment during a City Council cell phones shall be turned off or at minimum placed on silent during all meetings.

6. Media Equipment - Broadcast, News, Photograph, Print, Published, Recording, Video
The use of media equipment that enables recording of an open and public meeting is permissible, absent a reasonable finding by the legislative body that the use of said equipment presents a persistent disruption (noise, illumination, obstruction of view or pathway) to the proceedings or to the other members of the audience.

In the event that use of media equipment is disruptive, the Presiding Officer may first seek to remedy the disturbance with the equipment operator, asking that the device, whether it is noise, illumination, obstruction of view or pathway, be silenced, turned off, moved or removed from the area in question.

If the equipment operator refuses to make such accommodations the Mayor, by a reasonable finding of the legislative body, may determine that such use is a persistent disruption and bar the use of said equipment, illumination device and/or restrict the equipment operator from setting up at a particular location within the Council Chambers/meeting location.

C. COURTESY

1. Council Members
Council Members shall accord the utmost courtesy to each other, City employees and the public appearing before the City Council, and shall 300
refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statement as to motives and personalities.

Failure of Council Members to abide by the above can result in censure, removal from the meeting, as well as any other consequences that are deemed appropriate by a Majority of the Council.

2. City Employees
Employees of the City shall observe the same rules of order and decorum applicable to the City Council.

3. Public Speakers
Members of the public have the right to attend City Council meetings and to address the City Council on specific agenda items and under the Citizen’s Comments section of the agenda. The right of members of the public to address the City Council includes their right to criticize the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council and members of the City Council.

While the City Council meeting is in session, all persons must preserve order and decorum. A person who addresses the City Council under a specific agenda item or under Citizen’s Comments section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.

The Mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If, after receiving such a warning, the person persists in breaching the rules of decorum, the Mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the Mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the Mayor or presiding officer may direct the City Manager to contact law enforcement.

4. Appointed members of Boards, Commissions and Committees Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.

D. NOISE IN THE LOBBY
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Noise emanating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.

E. CROWD CONTROL IN COUNCIL CHAMBERS
If the City Manager, or the City Manager’s designee, anticipates in advance a crowd larger than the maximum number of attendees allowed in the City Council Chambers, he/she meet with the Mayor and discuss alternatives for accommodation of the potential number of people in excess of that allowable at the location.

F. SMOKING
It is unlawful for any person to smoke in the City Council Chambers.

G. FOOD & DRINK
No food or drinks, other than bottled water, may be brought in by the public into the audience seating area of the City Council Chambers.

H. DISTRIBUTION OF LITERATURE AND OTHER MATERIALS IN CITY

COUNCIL CHAMBERS
No person, other than City staff, shall distribute flyers, leaflets, placards or other literature or circulate any petition within the City Council Chambers.

Flyers, leaflets, placards or literature may only be distributed to the Council by a member of the public under Citizen’s Comments, or by a project applicant/appellant pertaining to City business as may be referenced on the agenda, by approaching the City Clerk and requesting such material be distributed on their behalf.

Such other literature may only be displayed or distributed outside the City Council Chambers area.
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CHAPTER 4

PROCEDURAL RULES
A. RULES OF ORDER
The City Council shall determine its own rules of order and amend them from time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council procedures shall be accomplished by a majority vote.

B. RULES OF DISCUSSION

1. Withdrawal of Motion
A motion may not be withdrawn by the maker of the motion without the consent of the Council Member who seconded the motion.

2. Voting
The City Council, in the absence of an electronic voting device, votes by “voice vote” on all matters before it, unless a roll call vote is required by law or is requested by the Mayor. Silence shall be recorded as an affirmative vote, unless recusal is required by law, in which case silence shall be recorded as a recusal and the reason for such recusal must be publicly stated by the Council Member or if requested the City Attorney.

The Presiding Officer shall announce the results of the vote. The City Clerk shall show on ordinances and resolutions, the names of Council Members and their respective votes.

3. Failure to Vote
Absent a disqualification under State law, including conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every Council Member to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A Council Member who fails to vote shall nonetheless be counted toward making up a quorum, unless otherwise required by State law.

4. Abstaining from Vote for Reasons Other than an Identified Legal Disqualification
A Member of the City Council who abstains determines not to vote “yes” or “no”. A vote to “abstain” except for an identified legal disqualification shall be counted as an affirmative vote. A Council Member shall state a reason for abstaining prior to doing so; failure to do so will constitute the same action as silence or failure to vote. A Council Member who abstains from voting for other than an identified legal disqualification shall nonetheless be counted toward making up a quorum.
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5. Abstention/Recuse: Conflict of Interest
Council Members shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such event, they may not participate in the discussion or the vote. Council Members shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the abstaining Council Member shall leave the Council dais and the Council Chambers until the conclusion of the agenda item. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum.

Further requirement on abstention and absence from the Chambers may be imposed by State law.

It should be noted; however, a Council Member may speak during public comment or as part of a public hearing process, on his/her own behalf – as opposed to on behalf of someone else or on behalf of, or in his/her role as a Council Member – on a matter that directly affects his/her financial interest even when conflicted out. Thus, while a Council Member would have to disqualify him/herself on a matter affecting a piece of property in which the Council Member has a financial interest, he/she could address the Council, speaking to what the impact would be to his/her property.

Any Council Member who chooses to speak on item as an individual resident, that he/she are legally disqualified from participating as a Council Member, shall do so at their own risk and subject to any consequences from FPPC.

6. Tie Votes
When one Council Member is absent and a matter under discussion remains unresolved as the result of a tie vote on all motions made on such matter, the matter shall be automatically continued to the next Council meeting when it is reasonably known that all Council Members will be present, provided that this rule shall not apply to matters involving the appellate jurisdiction of the City Council or when the absence of a Council Member is due to a disqualification for a conflict of interest. The City Council exercises “appellate jurisdiction” when it considers matters in which a subordinate body such as the Planning Commission could, but for an appeal to the City Council, confer final approval. In these instances a tie vote constitutes a non-action, which is a denial of the appeal.

7. Motion for Reconsideration.

Upon final vote by the Council of any agenda item, a motion for reconsideration may be made but only during the Council meeting wherein the agenda item was approved. Any motion made after the close of the Council meeting is untimely. The motion for reconsideration is allowed by a member of Council that voted as part of the majority of the original motion. The motion may be seconded by any member of Council. If the 304
motion to reconsider passes, then a member of Council may make a new motion related to the same item.

C. COUNCIL DAIS
The City Council seating area, most commonly referred to as the Council Dais is restricted to Council and City Staff at all times. Loitering or the dissemination of materials are not permitted in the area directly in front of the City Council seating area, commonly referred to as the well. Written or photographic materials are to be handed to the City Clerk for dissemination to the Council, and made part of the record.
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CHAPTER 5

ADMINISTRATIVE RULES
A. PURCHASE BY CONTRACT OR IN THE OPEN MARKET
When the expenditure required for the purchase of any supplies exceeds the sum established by a policy through a resolution adopted by the City Council, the Purchasing Agent shall advertise for sealed proposals in the manner hereinafter prescribed for proposals for public work and the contract shall be awarded by the Council to the lowest responsible bidder, provided that the Council may reject all bids and order the Purchasing Agent to buy in the open market at a price less than the lowest bid received from a responsible bidder, and provided that if no bids are received, the Council may order the Purchasing Agent to buy in the open market. Until the Council shall otherwise provide by Ordinance, the Finance Director shall act as Purchasing Agent.

B. PUBLIC WORKS TO BE DONE BY CONTRACT
All public buildings and work, when the expenditure therefor shall exceed the sum established by a policy through a resolution adopted by the City Council, shall be done by contract, and shall be let to the lowest responsible bidder, after advertising one (1) time in a daily newspaper of general circulation, for sealed proposals for the work contemplated. Provided, that the Council may reject any and all bids, if deemed excessive, and re-advertise for bids to provide for the work to be done by the Department of Public Works.

C. EXECUTION OF DOCUMENTS

1. Ordinances, Resolutions and Ceremonial Certificates
The Mayor as Presiding Officer or in his absence the Mayor Pro Tempore shall execute all Ordinances and Resolutions. Ceremonial Resolutions, Proclamations and Certificates will be, whenever possible, executed by the entire City Council.

2. Contracts for Supplies, Public Buildings and Work
All contracts for supplies, public buildings and work shall be approved as to form by the City Attorney, shall be signed by the Mayor or in his absence the Mayor Pro Tempore, and attested to by the City Clerk.

3. Agreements, Contracts, Addendums, Change Orders, Memorandums of Understanding for Administrative, Managerial or Professional Services or Programs That Only Require Administrative Approval Pursuant to the City’s Purchasing Policy all agreements, contracts, or memorandums of understanding for administrative, managerial or professional services or programs that are permitted to be administratively 306
approved, shall be approved as to form by the City Attorney, and shall be signed by the City Manager, or his/her designee, and attested to by the City Clerk.

4. Acting City Manager Designation
In that the City Manager is required or permitted to be away from the City from time to time, due to conferences, training, business trips, vacations, etc., the City Manager has the authority to use discretion in selecting and designating an Acting City Manager to carry out the ministerial duties for the duration of his/her absence as set forth in the Acting City Manager Designation Form. Such designee shall be an Employee of the City.

D. COUNCIL ADMINISTRATIVE SUPPORT

1. Mail – All general mail is opened, date stamped and routed to the addressee.

2. Letters Addressed to Mayor and/or City Council Members – All letters addressed to the Mayor and/or City Council Members requiring a response from staff are copied to the City Manager. If so directed by Council, a copy of the responses mailed, along with the original letters will be provided to each Council Member.

Letters addressed to the Mayor and/or City Council members that do not require a response, but provide information on Council agenda items or like matters will be copied to the full Council.

Mail pertaining to specific meetings where an individual Council Member is the appointed representative of the Council is opened, said mail will be distributed to that Council Member and not copied to the full Council.

3. Council Correspondence – All Council Members correspondence written with City resources (letterhead, typing, staff report, postage, etc.) will reflect the position of the full Council, not individual Council Member’s positions. All Council Member correspondence using City resources will be copied to the full Council. For example, responses to citizen letters will be copied to the full Council along with the original citizen correspondence.

4. Clerical Support – The City Manager’s Office will coordinate with the City Clerk the typing of correspondence requested by individual Council Members for communications reflecting the position of the full Council. All correspondence typed for Council Member will be on City letterhead and will reflect the position of the full Council, not individual Council Member and will be copied to the full Council.
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5. Council Notification of Significant Incidents – In conjunction with the City public safety departments, the City Manager’s Office will report on significant incidents immediately once known.

E. RULES AND PROCEDURES ADMINISTRATION

1. Review of City Council Rules and Procedures – The Council will review and revise the Handbook of Rules and Procedures as needed.

2. Adherence to Rules and Procedures – During City Council discussions, deliberations and proceedings, the Mayor has been delegated the primary responsibility to ensure that the City Council, staff and members of the public adhere to the Council’s adopted protocol.

3. City Attorney as Rules and Procedures Advisor – At the behest of the full Council, the City Manager may be directed to confer with the City Attorney in interpreting the City Council’s adopted Rules and Procedures and proposed changes.

4. Adherences to Administrative Procedure and Process of Rules and Procedures – The Council has delegated the City Manager responsibility to discuss, on behalf of the full Council, any perceived or inappropriate administrative action with a Council Member. The City Manager will discuss with the Council Member the action and suggest a more appropriate process or procedure to follow. After this discussion, if further inappropriate action continues, the City Manager will report the concern to the full Council.

5. Applicability of Rules and Procedures – The City of Selma City Council Handbook of Rules and Procedures shall also apply to all Board, Commissions and/or Committees as established by the City Council.

F. CONFLICT WITH CITY MUNICIPAL CODE, CITY PROCUREMENT

POLICIES, ADMINISTRATION POLICIES, STATE OR FEDERAL LAW If there is any conflict contained hereinabove with the City Municipal Code, City Procurement Policies, Administration Policies, State or Federal Law, such laws shall prevail over the provisions contained within this Handbook.
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CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: February 3, 2025
ITEM NO: 4-4
SUBJECT: Consideration and Necessary Action on Resolution Approving and Authorizing Execution of Agreement for Services of Independent Contractor (Independent Investigator) and Prescribing Further Duties of the City Manager with Respect to Facilitation of and Cooperation with Independent Investigation.

DISCUSSION:

On December 12, 2024, the City Council conducted a meeting following the installation and swearing in of the Mayor and two new Council members after their election and/or reelection to those positions was certified by the County. The City Staff present at the meeting, the Deputy City Manager and former City Attorney, abandoned the meeting and caused the “live stream” of the meeting to be discontinued for the remainder of the meeting. Members of the Selma Police Department ejected all members of the public attending the meeting from City Hall and attempted to but aborted its attempt to eject the City Council from meeting in closed session in the City Council Chambers. The Mayor and two members of the City Council whose elections had been certified by the Registrar of Voters were sworn into office on December 12, 2024; and, on December 19, the City Council conducted a further special meeting at which it adopted the Resolution prescribed by Elections Code §10263 declaring the results of the election as certified by the Registrar of Voters.

On January 21, 2025, the agenda prepared by staff included names of former City Council members in the place of members that were present for and adopted the Resolution declaring the results of the election and included a City Council reorganization item which provided for adoption of the same resolution by the previous City Council.

On May 20, 2024, the Settlement and General Release Agreement arising from claims made by the City Manager against the City was approved. The Settlement Agreement includes some of the same terms this Council found to be contrary to law or public policy and therefore void and ineffective and unenforceable.

The accompanying Resolution provides for the appointment of an Independent Contractor/Independent Investigator to investigate the occurrences of December 12, 2024, through January 21, 2025 and the basis for and facts relating to the making of the aforementioned Settlement Agreement with the City Manager. The proposed Independent Investigator was interviewed by the City Council in closed session on January 24, 2025, and the City Attorney was directed to negotiate a contract with the proposed Independent Investigator for consideration by the City Council at this meeting on February 3, 2025. The 309
agreement negotiated with the Independent Investigator is presented for the Council’s consideration and approval.

FISCAL IMPACT: Undetermined, the Contractor is compensated on an hourly basis.

RECOMMENDATION: Adopt Resolution.
_____________________________________________ ______________ Neal E. Costanzo, City Attorney Date
ATTACHMENTS:

Resolution Approving Agreement for Service of Independent Contractor (Independent Investigator) and Agreement.
310
RESOLUTION NO. 2025-___
___________________________________________________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA APPROVING AND

AUTHORIZING EXECUTION OF AGREEMENT FOR SERVICES OF INDEPENDENT

CONTRACTOR (INDEPENDENT INVESTIGATOR) AND PRESCRIBING FURTHER

DUTIES OF THE CITY MANAGER WITH RESPECT TO FACILITATION OF AND

COOPERATION WITH INDEPENDENT INVESTIGATOR
_______________________________________________________________ WHEREAS, the City Council of the City of Selma (Council) has identified a need for an investigation of and determination of facts relating to the following events or occurrences:
(A) All matters relating to the conduct of City Staff, including the Selma Police Department and the City Manager’s Office in connection with the City Council meetings occurring on December 12, 2024, December 19, 2024, and January 21, 2025; and (B) All matters relating to the making and the basis for City Council approval and the performance of that certain Settlement and General Release Agreement (Fernando Santillan v. City of Selma et al) approved by the City Council on May 20, 2024, and the events referred to in that settlement agreement or in the Council proceedings occurring May 20, 2024, and thereafter, relating to the aforementioned Settlement and General Release Agreement.

WHEREAS, at a special meeting on January 24, 2025, the City Council, following a closed session discussion authorized its City Attorney to negotiate an agreement for the provision of services by John Kunkel as an independent contractor/independent investigator to investigate and determine the facts relating to the aforementioned events or occurrences and the agreement negotiated by the City Attorney with John Kunkel is attached to this resolution and incorporated by this reference.

NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:

1. The forgoing recitals are true and correct.

2. The Council has reviewed and approves the Agreement for Independent Contractor Services (Independent Investigator) between John Kunkel, an individual, and the City of Selma and authorizes the Mayor to sign the Agreement.

3. A successful investigation into the aforementioned matters being dependent upon all City Staff and Employees providing full cooperation, requested documents and information to the Independent Investigator, pursuant to Selma Municipal Code Section 1- 18-5(l) the Council hereby directs that it shall be the duty of the City Manager, in addition to other duties, to facilitate and cooperate with the investigation to be conducted by the Independent Investigator pursuant to the attached Agreement and to provide to the Investigator, any and all documents, information, and opportunities to interview either the City Manager or any other employee as requested by the Independent Investigator. The City Manager shall instruct all City employees to provide their complete and full cooperation and 311
facilitation of the efforts of the Investigator and the Investigator shall have full access to any and all documents, or information, in the possession of any City employee or in the possession of the City, regardless of any privilege or confidentiality attaching to such documents or information and the investigator shall, in turn, maintain the privilege, confidential or sensitive character of all such information or documents provided to him in connection with his investigation and shall report only to the City Council concerning his factual findings in the investigation, or with the City Council through the City Attorney.

4. The City Attorney is directed to provide legal service, advice and consultation to the Investigator as requested by the Investigator and as necessary to perform the Investigator’s duties relating to the Investigation assigned to him pursuant to the attached Agreement.

**********************************
This Resolution was duly adopted by the City Council of the City of Selma at a regular meeting on February 3, 2025 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
___________________________
Scott Robertson, Mayor
ATTEST:
___________________________________
Mary J. Vanegas, Deputy City Clerk
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AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR
(INDEPENDENT INVESTIGATOR)
THIS AGREEMENT is made and entered into as of February 3, 2025, by and between the City of Selma, (the "City"), and John Kunkel, an individual (hereinafter "Contractor").

RECITALS
A. The City desires to engage Contractor to provide certain services related to investigations of certain events occurring at the City of Selma prior to the date of this Agreement and Contractor desires to provide those services and to be compensated accordingly.

B. The City and Contractor enter into this Agreement in order to memorialize the terms concerning Contractor’s performance of the services, and the City's obligations with respect thereto.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements set forth herein, the City and Contractor hereby agree as follows:

1. Appointment. The City hereby appoints Contractor as an independent contractor to perform the following services (the “Services”) and Contractor hereby accepts such appointment on the terms and conditions set forth herein:
(a) Contractor shall function as an independent investigator to determine the facts related to the City Council meeting that was conducted December 12, 2024, and subsequent and immediately preceding actions and communications between and among City staff or other individuals relating to the conduct of City staff during that meeting, including but not limited to the actions taken by the City Manager relative to the meetings of the City Council occurring December 19, 2024, and January 21, 2025; and

(b) Contractor shall further investigate all matters relating to the making of a “Settlement and General Release Agreement” between the City of Selma and Fernando Santillan, in his capacity as City Manager of the City of Selma approved by the City Council on May 20, 2024, and all events relating to the making of that settlement agreement occurring prior thereto in addition to performance of the Settlement Agreement.

2. Performance of Services and Authority of Independent Contractor. Contractor shall perform the Services in a diligent, competent and professional manner. In connection with conducting the investigation into the matters referred to above, Contractor is authorized to request from any member of City staff or any City employee any information or document in the possession of the City that the Contractor determines, in his sole discretion, is relevant to determining the facts bearing on the matters being investigated. Contractor is fully authorized to request and to receive any information, and to 313
require any employee to submit to an interview, to be audio recorded. In connection with providing the Services it is contemplated that Contractor will come into the possession of documents or information that are privileged by law, by virtue of the attorney-client privilege and/or the official information privilege of Government Code §1040 in addition to other privileges and confidential or private documents and information, relating, to among other things, communications between staff or outside consultants, and attorneys, and information protected by the constitutional right to privacy of City employees under California Constitution Article and Section 1. Contractor shall maintain the confidential or privileged nature of any such information or document and Contractor shall not report any findings or have any communication concerning privileged or confidential documents or information with anyone other than the City Council of the City of Selma or the City Attorney of the City of Selma.

Contractor is retained by the City Council for the purpose of consultation, advice and investigation into the matters referred to above and into related issues as they arise and as authorized by the City Council. The Contractor is specifically not retained to provide legal advice to the City and the Contractor shall not be required to perform any additional activity for the City which constitutes the practice of law. The City Attorney is directed to cooperate fully with Contractor in conducting his investigation and is authorized to provide legal advice or legal service to the Contractor to the extent deemed necessary in the City Attorney’s sole discretion.

4. Term. The term of this Agreement shall commence and Contractor's duties and responsibilities under this Agreement shall begin as of the date first written above and shall continue, subject to earlier termination as provided herein, until the Services are complete and all compensation and reimbursable expenses are paid to Contractor.

5. Excuse of Performance. Contractor's obligation to perform the Services specified in this contract shall be excused if the performance is prevented or substantially delayed due to circumstances caused exclusively by others and not by Contractor, including any such circumstances caused by the City.

6. Independent Contractor. It is the intent of the parties that Contractor is and shall remain an independent contractor, and Contractor shall (i) comply in all material respects with all laws, rules, ordinances, regulations and restrictions applicable to the Services, and (ii) pay all federal and state taxes applicable to Contractor, whether levied under existing or subsequently enacted laws, rules or regulations. The parties hereto do not intend to create an employer-employee or master-servant relationship of any kind.

7. Compensation. Contractor shall receive as compensation for the Services the amounts reflected by money invoices issued by Contractor for all time spent performing the Services at the hourly rate of $125 per hour. Contractor shall be reimbursed for all expenses incurred in performing the Services.

8. Limitation of Liability. With regard to the Services to be performed by the Contractor pursuant to the terms of this Agreement, the Contractor shall not be liable to the City, or to anyone who may claim any right due to Contractor's relationship with the City for any acts or omissions in the performance of said Services, except when said acts or omissions are the result of any willful 314
misconduct by Contractor. City shall hold the Contractor free and harmless from any obligations, costs, claims, judgments, attorney's fees, and attachments arising out of the Services rendered to the City pursuant to the terms of this Agreement or in any way connected with the rendering of said Services, except when the same shall arise due to the willful misconduct of the Contractor.

9. Assignment. This Agreement shall not be assigned or transferred by Contractor in whole or in part without the prior written consent of the City, and any such purported assignment without such prior written consent shall be void. However, Contractor may employ persons to work under its direction and control to assist Contractor in the performance of the specified services.

10. Ownership of Documents. Originals of all reports, memoranda, studies, plans, specifications, drawings, materials, exhibits, maps or other similar or related documents prepared by Contractor in the performance of the Services for the City's use shall be the property of the City.

11. Notices. All notices or other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been given when delivered if personally delivered, or three (3) business days after mailing if mailed by certified mail, postage prepaid, return receipt requested, and shall be addressed as follows:

To the City: NAME: Fernando Santillan
TITLE: Selma City Manager
City of Selma
1710 Tucker Street
Selma, CA 93662
(559) 891-2200

To the Contractor: John Kunkel
2006 N. Maselli Street
Visalia, CA 93791
(805) 742-6811
Either party may change his address by giving written notice thereof to the other party.

12. Governing Law. This Agreement shall be governed by the laws of the State of California.

13. Entire Agreement; Amendments. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest.

14. Headings. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 315

15. Severability. If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby.

16. Waiver. The waiver of any breach of any provision hereunder by any party hereto shall not be deemed to be a waiver of any preceding or subsequent breach hereunder.

17. Successors and Assigns. Subject to the provisions of Section 7, this Agreement shall be binding upon and inure to the benefit of the respective successors an assigns of the parties hereto.

18. Warranty of Authority. Each of the undersigned hereby warrants that he/she has authority on behalf of his or her principal to execute this agreement.

CITY
DATED: 2/3/2025
___________________________________
Scott Robertson, Mayor

CONTRACTOR
DATED: 2/3/2025

____________________________________
John Kunkel
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CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: February 3, 2025
ITEM NO: 4-5
SUBJECT: Consideration and Necessary Action on Amendment to “City of Selma Finance Purchasing Division Purchasing and Contract Procedures” Amended December 2, 2024, Amending Chapter 4, “Approval Process”, Reducing Threshold Amount for Requirement of City Council Approval of Agreements.

DISCUSSION:

On December 2, 2024, the City Council amended the current “City of Selma Finance Purchasing Division Purchasing and Contract Procedures” by resolution.

Generally, the adopted procedures provide for informal and/or formal bidding requirements for purchases of between $5,000 and $25,000. Purchases below $5,000 require no such process. At Chapter 4, the section entitled "Approval Process” reads as follows:
“The City Council and/or the City Manager, or his/her designee, are the only City officials with authority to approve outside provider service agreements in excess of $100,000. However, as an administrative policy, the City Manager shall exercise his/her authority to approve such agreements up to a maximum of $100,000. City Council shall approve all outside service provider agreements/contracts in excess of $100,000”.

There was a consensus among Council members on January 21, 2025, to add to the agenda a reduction of the threshold amount requiring City Council approval of contracts. Since the policies, generally do not provide for City Council approval of such contracts below $25,000, a reduction in the threshold amount of a contract approval from $100,000 to $25,000 would allow the administrative approval of all such contracts below that amount consistent with the adopted policies. However, Council can set that threshold at any dollar amount it wishes. To set the threshold at $25,000, the provision would be reworded as follows:
“The City Manager shall have authority to approve outside provider service agreements at or below the amount of $25,000. The City Council shall approve all outside service provider agreements/contracts in excess of $25,000.” 317
That is the only change required in the entire 104-page Finance Purchasing Division Purchasing and Contract Procedures document to lower the threshold for contracts required to be approved by the City Council.

FISCAL IMPACT: None.

RECOMMENDATION: By Minute Order direct amendment of the “Finance Purchasing Division Purchasing and Contract Procedures” reducing threshold amount required for City Council approval of agreements.
_____________________________________________ ______________ Neal E. Costanzo, City Attorney Date
ATTACHMENTS:

Selma Purchasing Policy, Amended December 2, 2024.
318
Revised December 2, 2024
City of Selma
Purchasing and Contract Procedures
319

TABLE OF CONTENTS
CHAPTER 1..................................................................1

INTRODUCTION TO PURCHASING AND CONTRACT
PROCEDURES..............................................................1 PURPOSE................................................................................................................ 1 PURCHASING AUTHORITY AND RESPONSIBILITIES ......................................... 1 PURCHASING AGENT OR DESIGNEE SPENDING AUTHORITY........................... 1 DELEGATION OF AUTHORITY............................................................................... 2 CHAPTER 2..................................................................3 SPECIFICATIONS .........................................................3 DEFINITION............................................................................................................. 3 CITY POLICY ON SPECIFICATIONS...................................................................... 3 DEPARTMENT RESPONSIBILITIES....................................................................... 3 TYPES OF SPECIFICATIONS................................................................................. 3 SPECIFICATION CHECKLIST ................................................................................. 4 SOLE SOURCE PURCHASES................................................................................. 5 VALUE ANALYSIS................................................................................................... 5 STANDARDIZATION ............................................................................................... 5 USE OF RECYCLED PRODUCTS........................................................................... 6 CHAPTER 3................................................................ 11 METHODS OF ACQUISITION ....................................... 11 OVERVIEW............................................................................................................ 11 ACQUISITION PROCESS...................................................................................... 11 SPECIAL CONSIDERATIONS............................................................................... 12 PURCHASE ORDERS ........................................................................................... 12 SPECIAL CIRCUMSTANCES ................................................................................ 13 REQUISITIONING COMMUNICATIONS EQUIPMENT.......................................... 14 DIRECT PURCHASES BY USER DEPARTMENTS............................................... 14 CHAPTER 4................................................................ 15 320
BID REQUIREMENTS AND PROCEDURES ..................... 15 OVERVIEW............................................................................................................ 15 FAIR AND OPEN COMPETITION.......................................................................... 15 PROCUREMENT OPPORTUNITIES ..................................................................... 15 BIDDING REQUIREMENTS................................................................................... 15 COMPETITIVE BIDS.............................................................................................. 16 INFORMAL BID PROCESS.................................................................................... 16 FORMAL BID PROCESS ....................................................................................... 17 SOLE SOURCE PURCHASES............................................................................... 32 DETERMINATION OF NON-RESPONSIVENESS................................................. 32 INSPECTION AND TESTING OF SUPPLIES AND EQUIPMENT.......................... 33 INSPECTION OF PLANT AND AUDIT OF RECORDS .......................................... 33 COOPERATIVE PURCHASING............................................................................. 34 CHAPTER 5................................................................ 35 CONTRACTS FOR GOODS AND SERVICES.................... 35 TYPES OF CONTRACTS ...................................................................................... 35 GENERAL REQUIREMENTS................................................................................. 36 CONTRACT PREPARATION AND PROCESSING................................................ 40 CITY COUNCIL OR CITY MANAGER APPROVED CONTRACTS........................ 42 PURCHASING AGENT OR DESIGNEE CONTRACTS.......................................... 42 FULL SIGN-OFF CONTRACTS.............................................................................. 42 CHAPTER 6................................................................ 44

CONTRACT ADMINISTRATION, ENFORCEMENT AND
LEGAL REMEDIES ..................................................... 44 OVERVIEW............................................................................................................ 44 CONTRACT MONITORING ................................................................................... 44 CONTRACT ADMINISTRATOR............................................................................. 44 AMENDING THE CONTRACT ............................................................................... 46 RENEWAL OF CONTRACTS................................................................................. 47 CLOSING OUT OR TERMINATING THE CONTRACT .......................................... 47 VENDOR REQUESTS FOR CHANGES OR CANCELLATIONS............................ 49 BREACH OF CONTRACT -DEFINITIONS ............................................................. 49 321
ENFORCING CONTRACT PROVISIONS .............................................................. 49 CONTRACT ADMINISTRATION -FILES................................................................ 50 CHAPTER 7................................................................ 52 VENDOR RELATIONS AND VENDOR PERFORMANCE ... 52
OVERVIEW............................................................................................................ 52 VENDOR RELATIONS........................................................................................... 52 UNAUTHORIZED VENDOR CONTACT WITH CITY DEPARTMENTS.................. 52 POLICY ON VENDOR VISITS ............................................................................... 52 VENDOR OFFERS OF FREE TRIALS AND SAMPLES ........................................ 53 VENDORS AS CONSULTANTS ............................................................................ 54 COMPETITIVE SEALED BIDS............................................................................... 54 RELEASING BID RESULTS................................................................................... 55 LOCAL VENDORS................................................................................................. 55 VENDOR PROTESTS............................................................................................ 55 CONFIDENTIAL VENDOR INFORMATION ........................................................... 55 BIDDERS’ LIST ...................................................................................................... 56 REMOVAL FROM THE BIDDERS’ LIST ................................................................ 56 REINSTATEMENT TO BIDDERS’ LIST ................................................................. 57 DOCUMENTING VENDOR PERFORMANCE........................................................ 57

MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS UTILIZATION .................................................................................................................... 58 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM ........................ 59 CHAPTER 8................................................................ 64 INSURANCE AND BONDS ........................................... 64 OVERVIEW............................................................................................................ 64 GENERAL INSURANCE REQUIREMENTS........................................................... 64 LIMITS OF INSURANCE........................................................................................ 64 INSURANCE CERTIFICATES ............................................................................... 65 DEDUCTIBLE AND SELF-INSURED RETENTIONS ............................................. 66 SUBCONTRACTORS ............................................................................................ 66 INDEMNIFICATION CLAUSES.............................................................................. 66 BONDS................................................................................................................... 67 BASIS OF PAYMENT AND DELIVERY OF MATERIALS AND EQUIPMENT........ 68 322
NEED FOR WRITTEN PURCHASE ORDERS OR CONTRACTS ......................... 68 RECORD RETENTION .......................................................................................... 68 CHAPTER 9................................................................ 70

INVENTORY CONTROL FIXED ASSETS, AND SURPLUS
EQUIPMENT .............................................................. 70 OVERVIEW............................................................................................................ 70 TRADE-INS AND DISPOSAL OF EQUIPMENT..................................................... 70 SALE, SCRAP OR DISPOSAL OF CITY OF PROPERTY ..................................... 70 CHAPTER 10 .............................................................. 72 COST CONTROL METHODS ........................................ 72 PLANNED PURCHASES........................................................................................ 72 SPECIFICATIONS ................................................................................................. 72 COMPETITION ...................................................................................................... 72 FREIGHT AND SHIPPING CHARGES................................................................... 73 PRICE AUDITING................................................................................................... 74 PROMPT PAYMENT DISCOUNTS........................................................................ 74 CHAPTER 11 .............................................................. 75 RECEIVING PROCEDURES .......................................... 75 AUTHORIZED RECEIVING POINTS...................................................................... 75

ONLY PURCHASING HAS THE AUTHORITY TO MODIFY OR CANCEL
PURCHASE................................................................................................. 75 RECEIVING GOODS FROM THE CARRIER ......................................................... 75 INSPECTING GOODS AFTER DELIVERY ............................................................ 76 LOST/DAMAGED GOODS..................................................................................... 76 INCORRECT GOODS............................................................................................ 77 CHAPTER 12 .............................................................. 78 PAYMENT PROCEDURES ............................................ 78 OVERVIEW............................................................................................................ 78 VENDOR RESPONSIBILITIES............................................................................... 78 PAYMENT PROCESS............................................................................................ 78 323
REGULAR PURCHASE ORDERS ......................................................................... 79 PURCHASING CARD............................................................................................. 79 BLANKET PURCHASE ORDERS.......................................................................... 79 DEPARTMENT PURCHASE ORDERS.................................................................. 80 CONFIRMING AND EMERGENCY PURCHASES................................................. 80 CHAPTER 13 .............................................................. 82 FEDERAL, STATE AND LOCAL TAX REQUIREMENTS.... 82
SALES AND USE TAX ON TRANSPORTATION CHARGES ................................ 82 LIABILITY FOR SALES AND USE TAX.................................................................. 82 ITEMS EXEMPT FROM SALES AND USE TAX.................................................... 83 MINIMIZING SALES AND USE TAX ...................................................................... 83 SHOWING SALES AND USE TAX ON PURCHASE ORDERS.............................. 83 FEDERAL EXCISE TAXES .................................................................................... 83 CHAPTER 14 .............................................................. 84

GUIDELINES FOR RETAINING CONSULTANTS TO

PROVIDE ARCHITECTURAL, PROFESSIONAL

ENGINEERING, LAND SURVEYING, AND DESIGN
SERVICES.................................................................. 84 OVERVIEW............................................................................................................ 84 LOCAL PREFERENCE .......................................................................................... 85 SELECTION PROCEDURES ................................................................................. 86 INTRODUCTION TO QUALIFICATIONS BASED SELECTION ............................. 87 QUALIFICATION BASED SELECTION PROCEDURES........................................ 88 INTERVIEWING SHORT LISTED FIRMS .............................................................. 90 CHAPTER 15 .............................................................. 94 SPECIAL TYPES OF PROCUREMENT ............................ 94 OVERVIEW............................................................................................................ 94 PROCUREMENT OF USED FLEET VEHICLES.................................................... 94 CHAPTER 16 .............................................................. 96

Selma City CouncilFebruary 3, 2025

Selma City Council
February 3, 2025