Public Works and Planning
42.
Approve and authorize Chairman to execute a 35-year Reclamation Agreement, including
reclamation plan, Exhibit A thereto, with CalPeak Power Panoche, LLC and Midway BESS,
LLC, project applicants (collectively, the Applicant), to implement project mitigation measures
and specific conditions of approval placed on Unclassified Conditional Use Permit (CUP) Nos.
3800 and 3801 for two Battery Energy Storage facilities (the Project) encompassing
approximately 25.4 acres, project sites are located on south side of W. Panoche Road,
approximately three-quarters of a mile from its intersection with S. Fairfax Avenue, and
approximately twelve miles southwest of the City of Mendota in unincorporated Fresno County;
and if your Board approves Recommended Action 1 above, approve and authorize the
Chairman to execute Escrow Agreement with United Security Bank, as the Escrow Agent to
accept a cash deposit of $1,768,731.95 as Applicant’s initial security to the County for
Reclamation Agreement, 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); and
authorize Director of Public Works and Planning (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) and/or any revised Certificate as to Authorized
Signatures-County of Fresno (Exhibit A-2 to the Escrow Agreement) (Revised Form of
Authorized Signatures), as applicable, to the Escrow Agent with respect to any County
Representatives 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; and authorize each County Representative who may be identified by the Director in any
notices given to 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 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 Reclamation
Agreement) by the County including its contractors, officers, agents, employees, and
representatives, if and to the extent the County elects to do so
APPROVED AS RECOMMENDED
5 - Bredefeld, Chavez, Magsig, Mendes, and Pacheco
Ayes:
Agreement No. 26-019, Agreement No. 26-020
43.
Retroactively approve and adopt a Resolution authorizing the Director of Public Works and
Planning or his or her designee (Director) to a previous submittal of a funding application with
the State Water Resources Control Board (SWRCB) for Operations and Maintenance grant
funding assistance for County Service Area 49 - Five Points, and subject to the review and
approval of County Counsel as to legal form and the Auditor-Controller/Treasurer-Tax Collector
as to accounting form, any required assurances, certifications, and commitments, and execute
any agreement and amendments that the Director deems necessary for the consummation and
continuing administration of the Project
APPROVED AS RECOMMENDED