Public Works and Planning
65.
Conduct second reading of a proposed ordinance granting a franchise, up to 25 years, on a
non-exclusive basis (the “non-exclusive franchise”), to Toro Energy of California AA, LLC (also
referred to as “Toro Energy”) upon annual payment of a franchise fee to County, to construct,
maintain and use pipes and appurtenances for transmitting derived gas from Toro Energy’s
landfill-gas-to-energy project (“LFGTE Project”) at County’s American Avenue Disposal Site
(“AADS”) for any and all purposes, as allowed by a County-approved conditional use permit and/or
road permit condition, from LFGTE Project at AADS at 18950 W. American Avenue, Kerman, in,
along, across, upon, and under following public streets and highways within unincorporated area of
Fresno County: from County’s AADS, eastward on W. American Avenue for approximately 4 miles,
and then southward on S. Madera Avenue for approximately 4 miles, to a PG&E connection
location approximately a half of a mile north of W. Manning Avenue, just east of S. Madera
Avenue/SR 145, Kerman; and waive reading of ordinance in its entirety and adopt proposed
ordinance
66.
Approve and authorize Chairman to execute a 35-year Solar Project Reclamation Agreement
(Reclamation Agreement), including Reclamation Plan, Exhibit A thereto, with Luna Valley Solar 1,
LLC project applicant (Applicant), to implement project mitigation measures and specific
conditions of approval placed on Unclassified Conditional Use Permit (CUP) No. 3671 for a solar
photovoltaic electricity generating and battery storage facility (the Project), encompassing
approximately 1,287.23 acres, generally located on the west side of State Route 33 (S. Derrick
Avenue), between the W. South Avenue and W. Dinuba Avenue; bisected by W. Manning Avenue,
and approximately nine miles south of the City of Mendota; if your Board approves Recommended
Action 1 above, approve and authorize the Chairman to execute the Escrow Agreement with the
Applicant and Citibank, N.A., located in New York, as the Escrow Agent to accept a cash deposit
of $8,506,305.40 as the Applicant’s initial security to the County for the Reclamation Agreement,
which initial security may be phased in two installments, and to identify the County’s initially
designated representatives who are authorized on behalf of the County to initiate and approve
transactions of all types for the escrow account established under the Escrow Agreement (each, a
County Representative); authorize Director to give any notice on behalf of the County, under the
Escrow Agreement, including providing any revised form of Sight Draft (Exhibit A-1 to the Escrow
Agreement) (the Revised Form of Sight Draft) and/or any revised Certificate as to Authorized
Signatures-County of Fresno (Exhibit A-2 to the Escrow Agreement) (the Revised Form of
Authorized Signatures), as applicable, to the Escrow Agent with respect to any County
Representative having a title change or erroneous signature, or to identify any replacement County
Representative or any County Representative who has been replaced, as the case may be;
authorize each County Representative who may be identified by the Director in any notice given to
the Escrow Agent, and any related Revised Form of Sight Draft and/or Revised Form of Authorized
Signatures, in Recommended Action 3, to execute any supplemental certificate substantially in the
form of the Revised Form of Authorized Signatures, and to provide any of their identifying
information, including any updated or corrected information, as the case may be; and authorize the
Director, following your Board’s approval of Recommended Action 1, to accept the grant of limited
access easement to the County from the owners of the property upon which the Project will be
situated for purposes of any Reclamation (defined in the Reclamation Agreement) by the County
including its contractors, officers, agents, employees, and representatives, if and to the extent the
County elects to do so